Assisted Decision-Making (Capacity) Act 2015

124.

Recognition

124. (1) A measure taken in relation to an adult under the law of a Convention country other than the State is to be recognised in the State if it was taken on a ground mentioned in Chapter II (Jurisdiction) of the Convention.

(2) The High Court or the court, as the case may be, may refuse recognition of a measure if it is of the view 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.

(3) The High Court or the court, as the case may be, may refuse to recognise a measure if it is of the view 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 the State, or

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

(4) The High Court or the court, as the case may be, may refuse recognition of a measure taken under the law of a Convention country other than the State in a matter to which Article 33 of the Convention applies if it is of the view that that Article has not been complied with in connection with that matter.