41 Representation of child and of his interests in certain proceedings
Children Act 1989 (1989 c 41) | Legislation

[Representation of child]

41  Representation of child and of his interests in certain proceedings

(1)     For the purpose of any specified proceedings, the court shall appoint [an officer of the Service] [or a Welsh family proceedings officer] for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.

(2)     The [officer of the Service] [or Welsh family proceedings officer] shall—

(a)     be appointed in accordance with the rules of court; and

(b)     be under a duty to safeguard the interests of the child in the manner prescribed by such rules.

(3)     Where—

(a)     the child concerned is not represented by a solicitor; and

(b)     any of the conditions mentioned in subsection (4) is satisfied,

the court may appoint a solicitor to represent him.

(4)     The conditions are that—

(a)     no [officer of the Service] [or Welsh family proceedings officer] has been appointed for the child;

(b)     the child has sufficient understanding to instruct a solicitor and wishes to do so;

(c)     it appears to the court

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