Mental Capacity Act (Northern Ireland) 2016

Scope of jurisdiction

8.—(1) The court may exercise its functions under this Act (in so far as it cannot otherwise do so) in relation to—

(a) an adult habitually resident in Northern Ireland;

(b) an adult’s property in Northern Ireland;

(c) an adult present in Northern Ireland or who has property there, if the matter is urgent; or

(d) an adult present in Northern Ireland, if a protective measure which is temporary and limited in its effect to Northern Ireland is proposed in relation to the adult.

(2) An adult present in Northern Ireland is to be treated for the purposes of this paragraph as habitually resident there if—

(a) the habitual residence of the adult cannot be ascertained;

(b) the adult is a refugee; or

(c) the adult has been internationally displaced as a result of disturbance in the country of the adult’s habitual residence.

9.—(1) The court may also exercise its functions under this Act (in so far as it cannot otherwise do so) in relation to an adult if sub-paragraph (2) or (3) applies in relation to that adult.

(2) This sub-paragraph applies in relation to an adult if—

(a) the adult is a British citizen;

(b) the adult has a closer connection with Northern Ireland than with any other part of the United Kingdom; and

(c) Article 7 has, in relation to the matter concerned, been complied with.

(3) This sub-paragraph applies in relation to an adult if the Department of Justice, having consulted such persons as it considers appropriate, agrees to a request under Article 8 in relation to the adult.