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Child Care Act 1991
F317[Transitional and saving provisions (Part VA)
35Q.—(1) Where immediately prior to the relevant date a person—
(a) stands appointed under section 26 as a guardian ad litem,
(b) is a person in respect of whom the Minister has received a vetting disclosure, and
(c) is a person who the Minister is satisfied is a fit and proper person to be a guardian ad litem,
then, on and from that date, the appointment shall be deemed to be an appointment under section 35C(1).
(2) Where an appointment is deemed under subsection (1) to be an appointment under section 35C(1), this Part shall apply to the person concerned subject to the following modifications and any other necessary modifications—
(a) an order made under section 26 prior to the relevant date—
(i) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IVA, shall be treated as if it was an order made under section 35B(2), and
(ii) in the case of a person appointed to act as a guardian ad litem in any proceedings under Part IV, IVB or VI, shall be treated as if it was an order made under section 35B(3),
(b) an order referred to in paragraph (a)(i) shall cease to have effect—
(i) in accordance with section 35H(1), or
(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,
whichever is the earlier,
(c) an order referred to in paragraph (a)(ii) shall cease to have effect—
(i) in accordance with section 35H(2), or
(ii) after a period of 12 months commencing on the relevant date if no authorisation is issued in respect of the person in that period,
whichever is the earlier, and
(d) where prior to the relevant date the person had instructed a solicitor or counsel, or both, to represent him or her in proceedings under this Act, then on and from that date, the solicitor or counsel, or both, as the case may be, may continue to represent the person in such proceedings for such period as the order has effect, in accordance with paragraph (b) or (c), as the case may be.
(3) In this section, “vetting disclosure” has the same meaning as it has in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.]
Annotations
Amendments:
F317
Inserted (23.06.2026) by Child Care (Amendment) Act 2022 (21/2022), s. 7, S.I. No. 208 of 2026.
Modifications (not altering text):
C99
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
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(j) any other necessary modifications.
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