International Protection Act 2026
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Functions of provisional representative person and representative person | ||
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50. (1) The functions of a provisional representative person or a representative person in respect of an unaccompanied minor in relation to whom he or she is designated or appointed shall be to represent, assist and act on behalf of the unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of the unaccompanied minor in a manner that enables the unaccompanied minor to benefit from his or her rights and to comply with his or her obligations under this Act or the EU acts. | ||
(2) Without prejudice to the generality of subsection (1), for the purposes of performing his or her functions under this Act or the EU acts, a provisional representative person or a representative person shall, in respect of an unaccompanied minor in relation to whom he or she is designated or appointed, exercise, as required, and where appropriate together with the unaccompanied minor’s legal representative (if any), the following powers: | ||
(a) to meet with the unaccompanied minor and take into account the minor’s views regarding his or her needs where those views are relevant to the performance by the provisional representative person or the representative person of his or her functions in relation to that unaccompanied minor; | ||
(b) to assist the unaccompanied minor in the provision of information that is relevant to the assessment of his or her best interests by the minor to any person for any purpose under this Act or the EU acts; | ||
(c) where applicable, to provide the unaccompanied minor with information relevant to the procedures provided for in this Act or the EU acts and to assist the unaccompanied minor in understanding the information relevant to the procedures provided for in and under this Act or the EU acts; | ||
(d) where applicable, to assist the unaccompanied minor in relation to the provision of biometric and other data under section 15 including providing the minor with information relevant to the provision of the data; | ||
(e) where applicable, to assist the unaccompanied minor in relation to screening procedures carried out in accordance with Chapter 2 of Part 2 ; | ||
(f) where applicable, to assist the unaccompanied minor with an age assessment carried out in accordance with Chapter 3; | ||
(g) where applicable, to assist the unaccompanied minor with the registration and lodgement of an application, or to register and lodge an application on behalf of the unaccompanied minor in accordance with sections 39 and 40 and to submit elements and documents in accordance with section 41 ; | ||
(h) where applicable, to assist with the preparation of, and be present for, the unaccompanied minor’s personal interview and to inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview; | ||
(i) where applicable, to assist the unaccompanied minor in relation to any measure applied in relation to the unaccompanied minor, or any related review or appeal, under Part 5 ; | ||
(j) where applicable, to assist the unaccompanied minor in relation to procedures under the Asylum and Migration Management Regulation including preparing, and being present for, an Article 22 interview (within the meaning of Chapter 2 of Part 6 ) and appealing a transfer decision; | ||
(k) where applicable, to assist the unaccompanied minor in relation to an appeal (within the meaning of Part 8 ) to the Tribunal, including preparing, and being present, for an oral hearing; | ||
(l) where applicable, to support the unaccompanied minor in any engagement with family tracing procedures carried out in accordance with the Asylum and Migration Management Regulation or the Reception Conditions Directive. | ||
(3) A provisional representative person or a representative person appointed in relation to an unaccompanied minor shall— | ||
(a) be independent in the performance of his or her functions, | ||
(b) not have any interests that conflict, or potentially conflict, with the interests of the unaccompanied minor, | ||
(c) subject to section 52 , be appointed in respect of no more than 30 unaccompanied minors at any one time, | ||
(d) have the necessary qualifications, training and expertise to perform the functions of a provisional representative person or representative person, as appropriate, and | ||
(e) treat any information received in his or her capacity as a representative person or a provisional representative person as confidential and not disclose such information to any person except— | ||
(i) for the purpose of the performance of his or her functions under this Act or the EU acts, | ||
(ii) when required, by an order of a court of competent jurisdiction, to disclose the information in civil or criminal proceedings, or | ||
(iii) where otherwise required to do so in accordance with any enactment. |