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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

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20.—(1) A protective measure taken in relation to an adult under the law of a country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on the ground that the adult is habitually resident in the other country.

(2) A protective measure taken in relation to an adult under the law of a Convention country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on a ground mentioned in Chapter 2 (jurisdiction).

(3) But the court may disapply this paragraph in relation to a measure if it considers that—

(a)the case in which the measure was taken was not urgent;

(b)the adult was not given an opportunity to be heard; and

(c)that omission amounted to a breach of natural justice.

(4) The court may also disapply this paragraph in relation to a measure if it considers that—

(a)recognition of the measure would be manifestly contrary to public policy;

(b)the measure would be inconsistent with a mandatory provision of the law of Northern Ireland; or

(c)the measure is inconsistent with one subsequently taken, or recognised, in Northern Ireland in relation to the adult.

(5) The court may also disapply this paragraph in relation to a measure taken under the law of a Convention country in a matter to which Article 33 applies, if the court considers that that Article has not been complied with in connection with that matter.

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