Assisted Decision-Making (Capacity) Act 2015

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PART 11

Convention on International Protection of Adults

Chapter 1

Preliminary

Interpretation — Part 11

109. (1) In this Part—

“adult” means a person who—

(a) as a result of an impairment or insufficiency of his or her personal faculties, cannot protect his or her interests, and

(b) has reached 18 years of age;

“central authority in another Convention country” means the authority designated by that country pursuant to the Convention;

“central authority in the State” means the authority mentioned in section 113 ;

“Convention” means the Convention on the International Protection of Adults agreed at The Hague on 13 January 2000 (the text of which, in the English language, is for convenience of reference set out in the Schedule);

“Convention country” means a country in which the Convention is in force;

“measure” has the meaning assigned to it by section 112 (1).

(2) An expression which appears in this Part and in the Convention is to be construed in accordance with the Constitution.

(3) The High Court, court and the Director, in interpreting this Part and the Convention, may have regard to the Explanatory Report on the Convention by Mr. Paul Lagarde of 5 January 2000, edited by the Permanent Bureau of the Hague Conference on Private International Law.