SCHEDULES
SCHEDULE 3International protection of adults
Part 3Applicable law
Protection of third parties
16
1
This paragraph applies where a person (a “representative”) in purported exercise of an authority to act on behalf of an adult enters into a transaction with a third party.
2
The validity of the transaction may not be questioned in proceedings, nor may the third party be held liable, merely because—
a
where the representative and third party are in England and Wales when entering into the transaction, sub-paragraph (3) applies;
b
where they are in another country at that time, sub-paragraph (4) applies.
3
This sub-paragraph applies if—
a
the law applicable to the authority in one or more respects is, as a result of this Schedule, the law of a country other than England and Wales, and
b
the representative is not entitled to exercise the authority in that respect (or those respects) under the law of that other country.
4
This sub-paragraph applies if—
a
the law applicable to the authority in one or more respects is, as a result of this Part of this Schedule, the law of England and Wales, and
b
the representative is not entitled to exercise the authority in that respect (or those respects) under that law.
5
This paragraph does not apply if the third party knew or ought to have known that the applicable law was—
a
in a case within sub-paragraph (3), the law of the other country;
b
in a case within sub-paragraph (4), the law of England and Wales.