# Mental Capacity Act (Northern Ireland) 2016, Paragraph 20

Status: prospective

(1) A protective measure taken in relation to an adult under the law of a country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on the ground that the adult is habitually resident in the other country.
(2) A protective measure taken in relation to an adult under the law of a Convention country other than Northern Ireland is to be recognised in Northern Ireland if it was taken on a ground mentioned in Chapter 2 (jurisdiction).
(3) But the court may disapply this paragraph in relation to a measure if it considers that—
(a) the case in which the measure was taken was not urgent;
(b) the adult was not given an opportunity to be heard; and
(c) that omission amounted to a breach of natural justice.
(4) The court may also disapply this paragraph in relation to a measure if it considers that—
(a) recognition of the measure would be manifestly contrary to public policy;
(b) the measure would be inconsistent with a mandatory provision of the law of Northern Ireland; or
(c) the measure is inconsistent with one subsequently taken, or recognised, in Northern Ireland in relation to the adult.
(5) The court may also disapply this paragraph in relation to a measure taken under the law of a Convention country in a matter to which Article 33 applies, if the court considers that that Article has not been complied with in connection with that matter.

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Source: https://www.legislation.gov.uk/nia/2016/18/schedule/9/paragraph/20 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/schedule-9/paragraph-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

