SCHEDULES

SCHEDULE 3International protection of adults

Part 2Jurisdiction of competent authority

Scope of jurisdiction

7

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 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.

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.