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Mental Capacity Act 2005

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Point in time view as at 01/04/2008.

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Scope of jurisdictionE+W

7(1)The court may exercise its functions under this Act (in so far as it cannot otherwise do so) in relation to—E+W

(a)an adult habitually resident in England and Wales,

(b)an adult's property in England and Wales,

(c)an adult present in England and Wales or who has property there, if the matter is urgent, or

(d)an adult present in England and Wales, if a protective measure which is temporary and limited in its effect to England and Wales is proposed in relation to him.

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

(a)his habitual residence cannot be ascertained,

(b)he is a refugee, or

(c)he has been displaced as a result of disturbance in the country of his habitual residence.

8(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 him.E+W

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

(a)he is a British citizen,

(b)he has a closer connection with England and Wales than with Scotland or Northern Ireland, 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 Lord Chancellor, having consulted such persons as he considers appropriate, agrees to a request under Article 8 in relation to the adult.

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