42 Right of guardian ad litem to have access to local authority records.E+W
(1)Where a person has been appointed as a guardian ad litem under this Act he shall have the right at all reasonable times to examine and take copies of—
(a)any records of, or held by, a local authority [F1or an authorised person]which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; F2. . .
(b)any F2. . . records of, or held by, a local authority which were compiled in connection with any functions which stand referred to their social services committee under the M1Local Authority Social Services Act 1970, so far as those records relate to that child.
[F3; or
(c)any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.]
(2)Where a guardian ad litem takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—
(a)report which he makes to the court in the proceedings in question; or
(b)evidence which he gives in those proceedings.
(3)Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.
[F4(4)In this section “authorised person” has the same meaning as in section 31.]
Textual Amendments
F1Words in s. 42(1)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(2); S.I. 1991/1883,art. 3, Sch.
F2Words in s. 42(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883,art. 3, Sch.
F3S. 42(1)(c) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, Sch. 16 para. 18(3); S.I. 1991/1883, art. 3, Sch.
F4S. 42(4) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(4); S.I. 1991/1883, art. 3, Sch.
Commencement Information
I1S. 42 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations