SCHEDULES
SCHEDULE 3International protection of adults
Part 1Preliminary
Introduction
1
This Part applies for the purposes of this Schedule.
The Convention
2
1
“Convention” means the Convention referred to in section 63.
2
“Convention country” means a country in which the Convention is in force.
3
A reference to an Article or Chapter is to an Article or Chapter of the Convention.
4
An expression which appears in this Schedule and in the Convention is to be construed in accordance with the Convention.
Countries, territories and nationals
3
1
“Country” includes a territory which has its own system of law.
2
Where a country has more than one territory with its own system of law, a reference to the country, in relation to one of its nationals, is to the territory with which the national has the closer, or the closest, connection.
Adults with incapacity
4
F11
“Adult” means F2subject to sub-paragraph (2) a person who—
a
as a result of an impairment or insufficiency of his personal faculties, cannot protect his interests, and
b
has reached 16.
F32
But “adult” does not include a child to whom F4... the following applies—
a
the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996;
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protective measures
5
1
“Protective measure” means a measure directed to the protection of the person or property of an adult; and it may deal in particular with any of the following—
a
the determination of incapacity and the institution of a protective regime,
b
placing the adult under the protection of an appropriate authority,
c
guardianship, curatorship or any corresponding system,
d
the designation and functions of a person having charge of the adult's person or property, or representing or otherwise helping him,
e
placing the adult in a place where protection can be provided,
f
administering, conserving or disposing of the adult's property,
g
authorising a specific intervention for the protection of the person or property of the adult.
2
Where a measure of like effect to a protective measure has been taken in relation to a person before he reaches 16, this Schedule applies to the measure in so far as it has effect in relation to him once he has reached 16.
Central Authority
6
1
Any function under the Convention of a Central Authority is exercisable in England and Wales by the Lord Chancellor.
2
A communication may be sent to the Central Authority in relation to England and Wales by sending it to the Lord Chancellor.