Assisted Decision-Making (Capacity) Act 2015

114.

Scope of jurisdiction

114. (1) The High Court and the court may exercise their functions under this Part (in so far as they cannot otherwise do so) in relation to—

(a) an adult habitually resident in the State,

(b) an adult’s property in the State, insofar as the exercise of those functions is compatible with measures taken by the authorities of a Convention country having jurisdiction under Articles 5 to 8 of the Convention,

(c) subject to Article 10 of the Convention, an adult present in the State or who has property there, if the matter is urgent, or

(d) subject to Article 11 of the Convention, an adult present in the State, insofar as the exercise of those functions is temporary and limited to the State.

(2) An adult present in the State shall be treated for the purposes of this section and Articles 6 and 7 of the Convention as habitually resident there if—

(a) his or her habitual residence cannot be ascertained,

(b) he or she is a refugee, or

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