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Amendment of section 8 of Act of 1964
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51. Section 8 of the Act of 1964 is amended by—
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(a) the substitution of the following subsection for subsection (4):
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“(4) A guardian—
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(a) appointed by will or deed,
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(b) appointed by order of the court,
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(c) holding office by virtue of the circumstances set out in subsection (4) or (4A) of section 2, or subsection (3) or (4) of section 6B, or
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(d) holding office by virtue of section 6D, and subject to subsection (2) of that section,
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may be removed from office only by the court.”,
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and
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(b) the insertion of the following subsections after subsection (5):
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“(6) The court may, on application by a guardian or a proposed guardian make an order removing from office a guardian (including a guardian who is the applicant)—
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(a) appointed pursuant to section 6A, 6C, 7 or subsection (1) or (2), or
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(b) who holds office by virtue of the circumstances set out in subsection (4) or (4A) of section 2, or subsection (3) or (4) of section 6B, or
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(c) who holds office by virtue of section 6D.
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(7) The court shall remove a guardian from office under subsection (6) only where—
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(a) there is another guardian in place or about to be appointed,
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(b) the court is satisfied that it is in the best interests of the child that the guardian be removed from office,
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(c) for substantial reasons that appear to it to be sufficient, the court considers it necessary or desirable to do so, and
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(d) the guardian who is to be removed from office—
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(i) consents to the removal,
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(ii) is unable or unwilling to exercise the powers, responsibilities and entitlements of guardianship in respect of the child, or
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(iii) has failed in his or her duty towards the child to such extent that the safety or welfare of the child is likely to be prejudicially affected if he or she is not removed from office.”.
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