| Mental Capacity Act 2005 |
| 2005 Chapter 9 - continued |
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SCHEDULE 3
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| Section 63 |
| | INTERNATIONAL PROTECTION OF ADULTS |
| | PART 1 |
| | PRELIMINARY |
| | Introduction
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| 1 | This Part applies for the purposes of this Schedule.
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| | The Convention
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| 2 | (1) "Convention" means the Convention referred to in section 63.
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| | (2) "Convention country" means a country in which the Convention is in force.
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| | (3) A reference to an Article or Chapter is to an Article or Chapter of the Convention.
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| | (4) An expression which appears in this Schedule and in the Convention is to be construed in accordance with the Convention.
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| | Countries, territories and nationals
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| 3 | (1) "Country" includes a territory which has its own system of law.
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| | (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.
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| | Adults with incapacity
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| 4 | "Adult" means a person who-
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| | (a) as a result of an impairment or insufficiency of his personal faculties, cannot protect his interests, and |
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| | Protective measures
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| 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-
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| | (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.
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| | Central Authority
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| 6 | (1) Any function under the Convention of a Central Authority is exercisable in England and Wales by the Lord Chancellor.
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| | (2) A communication may be sent to the Central Authority in relation to England and Wales by sending it to the Lord Chancellor.
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