| Mental Capacity Act 2005 |
| 2005 Chapter 9 - continued |
| SCHEDULE 3, INTERNATIONAL PROTECTION OF ADULTS - continued |
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| back to previous text |
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| | PART 5 |
| | CO -OPERATION |
| | Proposal for cross-border placement
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| 26 | (1) This paragraph applies where a public authority proposes to place an adult in an establishment in a Convention country other than England and Wales.
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| | (2) The public authority must consult an appropriate authority in that other country about the proposed placement and, for that purpose, must send it-
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| | (a) a report on the adult, and |
| | (b) a statement of its reasons for the proposed placement. |
| | (3) If the appropriate authority in the other country opposes the proposed placement within a reasonable time, the public authority may not proceed with it.
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| 27 | A proposal received by a public authority under Article 33 in relation to an adult is to proceed unless the authority opposes it within a reasonable time.
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| | Adult in danger etc.
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| 28 | (1) This paragraph applies if a public authority is told that an adult-
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| | (a) who is in serious danger, and |
| | (b) in relation to whom the public authority has taken, or is considering taking, protective measures, |
| | is, or has become resident, in a Convention country other than England and Wales.
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| | (2) The public authority must tell an appropriate authority in that other country about-
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| | (b) the measures taken or under consideration. |
| 29 | A public authority may not request from, or send to, an appropriate authority in a Convention country information in accordance with Chapter 5 (co-operation) in relation to an adult if it thinks that doing so-
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| | (a) would be likely to endanger the adult or his property, or |
| | (b) would amount to a serious threat to the liberty or life of a member of the adult's family. |
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