CONVENTION ON THE INTERNATIONAL PROTECTION OF ADULTS (RATIFICATION) ACT

OF ADULTS (RATIFICATION)

CHAPTER 633

CONVENTION ON THE INTERNATIONAL

PROTECTION OF ADULTS (RATIFICATION) ACT

AN ACT to enable Malta to ratify the 2000 Hague Convention on the

International Protection of Adults.

17th February, 2023

ACT III of 2023.

The short title of this Act is the Convention on the

International Protection of Adults (Ratification) Act.

CONVENTION ON THE INTERNATIONAL PROTECTION OF

ADULTS

(Articles 2, 3 and 12)

(Source: https://assets.hcch.net/docs/c2b94b6b-c54e-4886-ae9f-

c5bbef93b8f3.pdf)

The States signatory to the present Convention,

Considering the need to provide for the protection in international

situations of adults who, by reason of an impairment or insufficiency

of their personal faculties, are not in a position to protect their

interests,

Wishing to avoid conflicts between their legal systems in respect of

jurisdiction, applicable law, recognition and enforcement of measures

for the protection of adults,

Recalling the importance of international co-operation for the

protection of adults,

Affirming that the interests of the adult and respect for his or her

dignity and autonomy are to be primary considerations,

Have agreed on the following provisions –

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CHAPTER I – SCOPE OF THE CONVENTION

Article 1

(1)

This Convention applies to the protection in international

situations of adults who, by reason of an impairment or insufficiency

of their personal faculties, are not in a position to protect their

interests.

(2)

Its objects are

(a)

to determine the State whose authorities have

jurisdiction to take measures directed to the protection of the

person or property of the adult;

(b)

to determine which law is to be applied by such

authorities in exercising their jurisdiction;

(c)

to determine the law applicable to representation

of the adult;

(d)

to provide for the recognition and enforcement of

such measures of protection in all Contracting States;

(e)

to establish such co-operation between the

authorities of the Contracting States as may be necessary in

order to achieve the purposes of this Convention.

Article 2

(1)

For the purposes of this Convention, an adult is a person

who has reached the age of 18 years.

(2)

The Convention applies also to measures in respect of an

adult who had not reached the age of 18 years at the time the measures

were taken.

Article 3

The measures referred to in Article 1 may deal in particular with

(a)

the determination of incapacity and the institution

of a protective regime;

(b)

the placing of the adult under the protection of a

judicial or administrative authority;

(c)

guardianship,

curatorship

and

analogous

institutions;

(d)

the designation and functions of any person or

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body having charge of the adult's person or property,

representing or assisting the adult;

(e)

the placement of the adult in an establishment or

other place where protection can be provided;

(f)

the administration, conservation or disposal of the

adult's property;

(g)

the authorisation of a specific intervention for the

protection of the person or property of the adult.

Article 4

(1)

The Convention does not apply to –

(a)

maintenance obligations;

(b)

the formation, annulment and dissolution of

marriage or any similar relationship, as well as legal separation;

(c)

property regimes in respect of marriage or any

similar relationship;

(d)

trusts or succession;

(e)

social security;

(f)

public measures of a general nature in matters of

health;

(g)

measures taken in respect of a person as a result

of penal offences committed by that person;

(h)

decisions on the right of asylum and on

immigration;

(i)

measures directed solely to public safety.

(2)

Paragraph 1 does not affect, in respect of the matters

referred to therein, the entitlement of a person to act as the

representative of the adult.

CHAPTER II – JURISDICTION

Article 5

(1)

The judicial or administrative authorities of the Contracting

State of the habitual residence of the adult have jurisdiction to take

measures directed to the protection of the adult's person or property.

(2)

In case of a change of the adult's habitual residence to

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another Contracting State, the authorities of the State of the new

habitual residence have jurisdiction.

Article 6

(1)

For adults who are refugees and those who, due to

disturbances occurring in their country, are internationally displaced,

the authorities of the Contracting State on the territory of which these

adults are present as a result of their displacement have the jurisdiction

provided for in Article 5, paragraph 1.

(2)

The provisions of the preceding paragraph also apply to

adults whose habitual residence cannot be established.

Article 7

(1)

Except for adults who are refugees or who, due to

disturbances occurring in their State of nationality, are internationally

displaced, the authorities of a Contracting State of which the adult is a

national have jurisdiction to take measures for the protection of the

person or property of the adult if they consider that they are in a better

position to assess the interests of the adult, and after advising the

authorities having jurisdiction under Article 5 or Article 6, paragraph

2. (2)

This jurisdiction shall not be exercised if the authorities

having jurisdiction under Article 5, Article 6, paragraph 2, or Article 8

have informed the authorities of the State of which the adult is a

national that they have taken the measures required by the situation or

have decided that no measures should be taken or that proceedings are

pending before them.

(3)

The measures taken under paragraph 1 shall lapse as soon as

the authorities having jurisdiction under Article 5, Article 6, paragraph

2, or Article 8 have taken measures required by the situation or have

decided that no measures are to be taken. These authorities shall

inform accordingly the authorities which have taken measures in

accordance with paragraph 1.

Article 8

(1)

The authorities of a Contracting State having jurisdiction

under Article 5 or Article 6, if they consider that such is in the interests

of the adult, may, on their own motion or on an application by the

authority of another Contracting State, request the authorities of one of

the States mentioned in paragraph 2 to take measures for the protection

of the person or property of the adult. The request may relate to all or

some aspects of such protection.

(2)

The Contracting States whose authorities may be addressed

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as provided in the preceding paragraph are

(a)

a State of which the adult is a national;

(b)

the State of the preceding habitual residence of

the adult;

(c)

a State in which property of the adult is located;

(d)

the State whose authorities have been chosen in

writing by the adult to take measures directed to his or her

protection;

(e)

the State of the habitual residence of a person

close to the adult prepared to undertake his or her protection;

(f)

the State in whose territory the adult is present,

with regard to the protection of the person of the adult.

(3)

In case the authority designated pursuant to the preceding

paragraphs does not accept its jurisdiction, the authorities of the

Contracting State having jurisdiction under Article 5 or Article 6 retain

jurisdiction.

Article 9

The authorities of a Contracting State where property of the adult is

situated have jurisdiction to take measures of protection concerning

that property, to the extent that such measures are compatible with

those taken by the authorities having jurisdiction under Articles 5 to 8.

Article 10

(1)

In all cases of urgency, the authorities of any Contracting

State in whose territory the adult or property belonging to the adult is

present have jurisdiction to take any necessary measures of protection.

(2)

The measures taken under the preceding paragraph with

regard to an adult habitually resident in a Contracting State shall lapse

as soon as the authorities which have jurisdiction under Articles 5 to 9

have taken the measures required by the situation.

(3)

The measures taken under paragraph 1 with regard to an

adult who is habitually resident in a non-Contracting State shall lapse

in each Contracting State as soon as measures required by the situation

and taken by the authorities of another State are recognised in the

Contracting State in question.

(4)

The authorities which have taken measures under paragraph

1 shall, if possible, inform the authorities of the Contracting State of

the habitual residence of the adult of the measures taken.

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Article 11

(1)

By way of exception, the authorities of a Contracting State,

in whose territory the adult is present, have jurisdiction to take

measures of a temporary character for the protection of the person of

the adult which have a territorial effect limited to the State in question,

in so far as such measures are compatible with those already taken by

the authorities which have jurisdiction under Articles 5 to 8, and after

advising the authorities having jurisdiction under Article 5.

(2)

The measures taken under the preceding paragraph with

regard to an adult habitually resident in a Contracting State shall lapse

as soon as the authorities which have jurisdiction under Articles 5 to 8

have taken a decision in respect of the measures of protection which

may be required by the situation.

Article 12

Subject to Article 7, paragraph 3, the measures taken in application

of Articles 5 to 9 remain in force according to their terms, even if a

change of circumstances has eliminated the basis upon which

jurisdiction was founded, so long as the authorities which have

jurisdiction under the Convention have not modified, replaced or

terminated such measures.

CHAPTER III – APPLICABLE LAW

Article 13

(1)

In exercising their jurisdiction under the provisions of

Chapter II, the authorities of the Contracting States shall apply their

own law.

(2)

However, in so far as the protection of the person or the

property of the adult requires, they may exceptionally apply or take

into consideration the law of another State with which the situation has

a substantial connection.

Article 14

Where a measure taken in one Contracting State is implemented in

another Contracting State, the conditions of its implementation are

governed by the law of that other State.

Article 15

(1)

The existence, extent, modification and extinction of powers

of representation granted by an adult, either under an agreement or by

a unilateral act, to be exercised when such adult is not in a position to

protect his or her interests, are governed by the law of the State of the

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adult's habitual residence at the time of the agreement or act, unless

one of the laws mentioned in paragraph 2 has been designated

expressly in writing.

(2)

The States whose laws may be designated are –

(a)

a State of which the adult is a national;

(b)

the State of a former habitual residence of the

adult;

(c)

a State in which property of the adult is located,

with respect to that property.

(3)

The manner of exercise of such powers of representation is

governed by the law of the State in which they are exercised.

Article 16

Where powers of representation referred to in Article 15 are not

exercised in a manner sufficient to guarantee the protection of the

person or property of the adult, they may be withdrawn or modified by

measures taken by an authority having jurisdiction under the

Convention. Where such powers of representation are withdrawn or

modified, the law referred to in Article 15 should be taken into

consideration to the extent possible.

Article 17

(1)

The validity of a transaction entered into between a third

party and another person who would be entitled to act as the adult's

representative under the law of the State where the transaction was

concluded cannot be contested, and the third party cannot be held

liable, on the sole ground that the other person was not entitled to act

as the adult's representative under the law designated by the provisions

of this Chapter, unless the third party knew or should have known that

such capacity was governed by the latter law.

(2)

The preceding paragraph applies only if the transaction was

entered into between persons present on the territory of the same State.

Article 18

The provisions of this Chapter apply even if the law designated by

them is the law of a non-Contracting State.

Article 19

In this Chapter the term ‘law’ means the law in force in a State

other than its choice of law rules.

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Article 20

This Chapter does not prevent the application of those provisions

of the law of the State in which the adult is to be protected where the

application of such provisions is mandatory whatever law would

otherwise be applicable.

Article 21

The application of the law designated by the provisions of this

Chapter can be refused only if this application would be manifestly

contrary to public policy.

CHAPTER IV – RECOGNITION AND ENFORCEMENT

Article 22

(1)

The measures taken by the authorities of a Contracting State

shall be recognised by operation of law in all other Contracting States.

(2)

Recognition may however be refused –

(a)

if the measure was taken by an authority whose

jurisdiction was not based on, or was not in accordance with,

one of the grounds provided for by the provisions of Chapter II;

(b)

if the measure was taken, except in a case of

urgency, in the context of a judicial or administrative

proceeding, without the adult having been provided the

opportunity to be heard, in violation of fundamental principles

of procedure of the requested State;

(c)

if such recognition is manifestly contrary to

public policy of the requested State, or conflicts with a

provision of the law of that State which is mandatory whatever

law would otherwise be applicable;

(d)

if the measure is incompatible with a later

measure taken in a non-Contracting State which would have

had jurisdiction under Articles 5 to 9, where this later measure

fulfils the requirements for recognition in the requested State;

(e)

if the procedure provided in Article 33 has not

been complied with.

Article 23

Without prejudice to Article 22, paragraph 1, any interested person

may request from the competent authorities of a Contracting State that

they decide on the recognition or non-recognition of a measure taken

in another Contracting State. The procedure is governed by the law of

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the requested State.

Article 24

The authority of the requested State is bound by the findings of fact

on which the authority of the State where the measure was taken based

its jurisdiction.

Article 25

(1)

If measures taken in one Contracting State and enforceable

there require enforcement in another Contracting State, they shall,

upon request by an interested party, be declared enforceable or

registered for the purpose of enforcement in that other State according

to the procedure provided in the law of the latter State.

(2)

Each Contracting State shall apply to the declaration of

enforceability or registration a simple and rapid procedure.

(3)

The declaration of enforceability or registration may be

refused only for one of the reasons set out in Article 22, paragraph 2.

Article 26

Without prejudice to such review as is necessary in the application

of the preceding Articles, there shall be no review of the merits of the

measure taken.

Article 27

Measures taken in one Contracting State and declared enforceable,

or registered for the purpose of enforcement, in another Contracting

State shall be enforced in the latter State as if they had been taken by

the authorities of that State. Enforcement takes place in accordance

with the law of the requested State to the extent provided by such law.

CHAPTER V – CO-OPERATION

Article 28

(1)

A Contracting State shall designate a Central Authority to

discharge the duties which are imposed by the Convention on such

authorities.

(2)

Federal States, States with more than one system of law or

States having autonomous territorial units shall be free to appoint more

than one Central Authority and to specify the territorial or personal

extent of their functions. Where a State has appointed more than one

Central Authority, it shall designate the Central Authority to which any

communication may be addressed for transmission to the appropriate

Central Authority within that State.

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Article 29

(1)

Central Authorities shall co-operate with each other and

promote co-operation amongst the competent authorities in their States

to achieve the purposes of the Convention.

(2)

They shall, in connection with the application of the

Convention, take appropriate steps to provide information as to the

laws of, and services available in their States relating to the protection

of adults.

Article 30

The Central Authority of a Contracting State, either directly or

through public authorities or other bodies, shall take all appropriate

steps to

(a)

facilitate communications, by every means,

between the competent authorities in situations to which the

Convention applies;

(b)

provide, on the request of a competent authority

of another Contracting State, assistance in discovering the

whereabouts of an adult where it appears that the adult may be

present and in need of protection within the territory of the

requested State.

Article 31

The competent authorities of a Contracting State may encourage,

either directly or through other bodies, the use of mediation,

conciliation or similar means to achieve agreed solutions for the

protection of the person or property of the adult in situations to which

the Convention applies.

Article 32

(1)

Where a measure of protection is contemplated, the

competent authorities under the Convention, if the situation of the

adult so requires, may request any authority of another Contracting

State which has information relevant to the protection of the adult to

communicate such information.

(2)

A Contracting State may declare that requests under

paragraph 1 shall be communicated to its authorities only through its

Central Authority.

(3)

The competent authorities of a Contracting State may

request the authorities of another Contracting State to assist in the

i mpl emen tati on of measures of p rot ectio n taken und er th is

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Convention.

Article 33

(1)

If an authority having jurisdiction under Articles 5 to 8

contemplates the placement of the adult in an establishment or other

place where protection can be provided, and if such placement is to

take place in another Contracting State, it shall first consult with the

Central Authority or other competent authority of the latter State. To

that effect it shall transmit a report on the adult together with the

reasons for the proposed placement.

(2)

The decision on the placement may not be made in the

requesting State if the Central Authority or other competent authority

of the requested State indicates its opposition within a reasonable time.

Article 34

In any case where the adult is exposed to a serious danger, the

competent authorities of the Contracting State where measures for the

protection of the adult have been taken or are under consideration, if

they are informed that the adult's residence has changed to, or that the

adult is present in, another State, shall inform the authorities of that

other State about the danger involved and the measures taken or under

consideration.

Article 35

An authority shall not request or transmit any information under

this Chapter if to do so would, in its opinion, be likely to place the

adult's person or property in danger, or constitute a serious threat to the

liberty or life of a member of the adult's family.

Article 36

(1)

Without prejudice to the possibility of imposing reasonable

charges for the provision of services, Central Authorities and other

public authorities of Contracting States shall bear their own costs in

applying the provisions of this Chapter.

(2)

Any Contracting State may enter into agreements with one

or more other Contracting States concerning the allocation of charges.

Article 37

Any Contracting State may enter into agreements with one or more

other Contracting States with a view to improving the application of

this Chapter in their mutual relations. The States which have

concluded such an agreement shall transmit a copy to the depositary of

the Convention.

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CHAPTER VI – GENERAL PROVISIONS

Article 38

(1)

The authorities of the Contracting State where a measure of

protection has been taken or a power of representation confirmed may

deliver to the person entrusted with protection of the adult's person or

property, on request, a certificate indicating the capacity in which that

person is entitled to act and the powers conferred.

(2)

The capacity and powers indicated in the certificate are

presumed to be vested in that person as of the date of the certificate, in

the absence of proof to the contrary.

(3)

Each Contracting State shall designate the authorities

competent to draw up the certificate.

Article 39

Personal data gathered or transmitted under the Convention shall

be used only for the purposes for which they were gathered or

transmitted.

Article 40

The authorities to whom information is transmitted shall ensure its

confidentiality, in accordance with the law of their State.

Article 41

All documents forwarded or delivered under this Convention shall

be exempt from legalisation or any analogous formality.

Article 42

Each Contracting State may designate the authorities to which

requests under Article 8 and Article 33 are to be addressed.

Article 43

(1)

The designations referred to in Article 28 and Article 42

shall be communicated to the Permanent Bureau of the Hague

Conference on Private International Law not later than the date of the

deposit of the instrument of ratification, acceptance or approval of the

Convention or of accession thereto. Any modifications thereof shall

also be communicated to the Permanent Bureau.

(2)

The declaration referred to in Article 32, paragraph 2, shall

be made to the depositary of the Convention.

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Article 44

A Contracting State in which different systems of law or sets of

rules of law apply to the protection of the person or property of the

adult shall not be bound to apply the rules of the Convention to

conflicts solely between such different systems or sets of rules of law.

Article 45

In relation to a State in which two or more systems of law or sets of

rules of law with regard to any matter dealt with in this Convention

apply in different territorial units

(a)

any reference to habitual residence in that State

shall be construed as referring to habitual residence in a

territorial unit;

(b)

any reference to the presence of the adult in that

State shall be construed as referring to presence in a territorial

unit;

(c)

any reference to the location of property of the

adult in that State shall be construed as referring to location of

property of the adult in a territorial unit;

(d)

any reference to the State of which the adult is a

national shall be construed as referring to the territorial unit

designated by the law of that State or, in the absence of relevant

rules, to the territorial unit with which the adult has the closest

connection;

(e)

any reference to the State whose authorities have

been chosen by the adult shall be construed

– as referring to the territorial unit if the adult has

chosen the authorities of this territorial unit;

– as referring to the territorial unit with which the

adult has the closest connection if the adult has chosen

the authorities of the State without specifying a

particular territorial unit within the State;

(f)

any reference to the law of a State with which the

situation has a substantial connection shall be construed as

referring to the law of a territorial unit with which the situation

has a substantial connection;

(g)

any reference to the law or procedure or authority

of the State in which a measure has been taken shall be

construed as referring to the law or procedure in force in such

territorial unit or authority of the territorial unit in which such

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measure was taken;

(h)

any reference to the law or procedure or authority

of the requested State shall be construed as referring to the law

or procedure in force in such territorial unit or authority of the

territorial unit in which recognition or enforcement is sought;

(i)

any reference to the State where a measure of

protection is to be implemented shall be construed as referring

to the territorial unit where the measure is to be implemented;

(j)

any reference to bodies or authorities of that

State, other than Central Authorities, shall be construed as

referring to those authorised to act in the relevant territorial

unit.

Article 46

For the purpose of identifying the applicable law under Chapter III,

in relation to a State which comprises two or more territorial units each

of which has its own system of law or set of rules of law in respect of

matters covered by this Convention, the following rules apply

(a)

if there are rules in force in such a State

identifying which territorial unit's law is applicable, the law of

that unit applies;

(b)

in the absence of such rules, the law of the

relevant territorial unit as defined in Article 45 applies.

Article 47

For the purpose of identifying the applicable law under Chapter III,

in relation to a State which has two or more systems of law or sets of

rules of law applicable to different categories of persons in respect of

matters covered by this Convention, the following rules apply –

(a)

if there are rules in force in such a State

identifying which among such laws applies, that law applies;

(b)

in the absence of such rules, the law of the system

or the set of rules of law with which the adult has the closest

connection applies.

Article 48

In relations between the Contracting States this Convention

replaces the Convention concernant l'interdiction et les mesures de

protection analogues, signed at The Hague 17 July 1905.

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Article 49

(1)

The Convention does not affect any other international

instrument to which Contracting States are Parties and which contains

provisions on matters governed by this Convention, unless a contrary

declaration is made by the States Parties to such instrument.

(2)

This Convention does not affect the possibility for one or

more Contracting States to conclude agreements which contain, in

respect of adults habitually resident in any of the States Parties to such

agreements, provisions on matters governed by this Convention.

(3)

Agreements to be concluded by one or more Contracting

States on matters within the scope of this Convention do not affect, in

the relationship of such States with other Contracting States, the

application of the provisions of this Convention.

(4)

The preceding paragraphs also apply to uniform laws based

on special ties of a regional or other nature between the States

concerned.

Article 50

(1)

The Convention shall apply to measures only if they are

taken in a State after the Convention has entered into force for that

State.

(2)

The Convention shall apply to the recognition and

enforcement of measures taken after its entry into force as between the

State where the measures have been taken and the requested State.

(3)

The Convention shall apply from the time of its entry into

force in a Contracting State to powers of representation previously

granted under conditions corresponding to those set out in Article 15.

Article 51

(1)

Any communication sent to the Central Authority or to

another authority of a Contracting State shall be in the original

language, and shall be accompanied by a translation into the official

language or one of the official languages of the other State or, where

that is not feasible, a translation into French or English.

(2)

However, a Contracting State may, by making a reservation

in accordance with Article 56, object to the use of either French or

English, but not both.

Article 52

The Secretary General of the Hague Conference on Private

International Law shall at regular intervals convoke a Special

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Commission in order to review the practical operation of the

Convention.

CHAPTER VII – FINAL CLAUSES

Article 53

(1)

The Convention shall be open for signature by the States

which were Members of the Hague Conference on Private

International Law on 2 October 1999.

(2)

It shall be ratified, accepted or approved and the instruments

of ratification, acceptance or approval shall be deposited with the

Ministry of Foreign Affairs of the Kingdom of the Netherlands,

depositary of the Convention.

Article 54

(1)

Any other State may accede to the Convention after it has

entered into force in accordance with Article 57, paragraph 1.

(2)

The instrument of accession shall be deposited with the

depositary.

(3)

Such accession shall have effect only as regards the

relations between the acceding State and those Contracting States

which have not raised an objection to its accession in the six months

after the receipt of the notification referred to in sub-paragraph b) of

Article 59. Such an objection may also be raised by States at the time

when they ratify, accept or approve the Convention after an accession.

Any such objection shall be notified to the depositary.

Article 55

(1)

If a State has two or more territorial units in which different

systems of law are applicable in relation to matters dealt with in this

Convention, it may at the time of signature, ratification, acceptance,

approval or accession declare that the Convention shall extend to all its

territorial units or only to one or more of them and may modify this

declaration by submitting another declaration at any time.

(2)

Any such declaration shall be notified to the depositary and

shall state expressly the territorial units to which the Convention

applies.

(3)

If a State makes no declaration under this Article, the

Convention is to extend to all territorial units of that State.

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Article 56

(1)

Any State may, not later than the time of ratification,

acceptance, approval or accession, or at the time of making a

declaration in terms of Article 55, make the reservation provided for in

Article 51, paragraph 2. No other reservation shall be permitted.

(2)

Any State may at any time withdraw the reservation it has

made. The withdrawal shall be notified to the depositary.

(3)

The reservation shall cease to have effect on the first day of

the third calendar month after the notification referred to in the

preceding paragraph.

Article 57

(1)

The Convention shall enter into force on the first day of the

month following the expiration of three months after the deposit of the

third instrument of ratification, acceptance or approval referred to in

Article 53.

(2)

Thereafter the Convention shall enter into force –

(a)

for each State ratifying, accepting or approving it

subsequently, on the first day of the month following the

expiration of three months after the deposit of its instrument of

ratification, acceptance, approval or accession;

(b)

for each State acceding, on the first day of the

month following the expiration of three months after the

expiration of the period of six months provided in Article 54,

paragraph 3;

(c)

for a territorial unit to which the Convention has

been extended in conformity with Article 55, on the first day of

the month following the expiration of three months after the

notification referred to in that Article.

Article 58

(1)

A State Party to the Convention may denounce it by a

notification in writing addressed to the depositary. The denunciation

may be limited to certain territorial units to which the Convention

applies.

(2)

The denunciation takes effect on the first day of the month

following the expiration of twelve months after the notification is

received by the depositary. Where a longer period for the denunciation

to take effect is specified in the notification, the denunciation takes

effect upon the expiration of such longer period.

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Article 59

The depositary shall notify the States Members of the Hague

Conference on Private International Law and the States which have

acceded in accordance with Article 54 of the following –

(a)

the signatures, ratifications, acceptances and

approvals referred to in Article 53;

(b)

the accessions and objections raised to accessions

referred to in Article 54;

(c)

the date on which the Convention enters into

force in accordance with Article 57;

(d)

the declarations referred to in Article 32,

paragraph 2, and Article 55;

(e)

the agreements referred to in Article 37;

(f)

the reservation referred to in Article 51,

paragraph 2, and the withdrawal referred to in Article 56,

paragraph 2;

(g)

the denunciations referred to in Article 58.

In witness whereof the undersigned, being duly authorised thereto,

have signed this Convention.

Done at The Hague, on the 13th day of January, 2000, in the

English and French languages, both texts being equally authentic, in a

single copy which shall be deposited in the archives of the

Government of the Kingdom of the Netherlands, and of which a

certified copy shall be sent, through diplomatic channels, to each of

the States Members of the Hague Conference on Private International

Law.

For the purposes of this Act, unless the context otherwise

requires

"Central Authority" means the Central Authority

designated in accordance with article 4;

"Convention" means the Convention on the International

Protection of Adults which was concluded at The Hague on 13

January, 2000, the relevant Articles of which are set out in the

Schedule;

"Director" means the Director responsible for the

Directorate for Disability Issues, established in terms of article

5(1) of the United Nations Convention on the Rights of Persons

with Disabilities Act, and any person so delegated to act in the

name and representation of the Director by the said Director;

"Minister" means the Minister responsible for the rights

of persons with disability;

Subject to the provisions of this Act, the provisions of the

Convention set out in the Schedule shall have the force of law in

Malta.

The functions under the Convention of a Central Authority

shall be discharged by the Director and any request made under the

Convention by or on behalf of a person outside Malta may be

addressed to the office of the Director.

(1)

The Civil Court (Voluntary Jurisdiction Section) or

any other court which the Minister may by order designate shall have

jurisdiction to determine applications through which requests under

the Convention are made.

(2)

Whenever the Director of his own initiative or acting upon a

request received from another competent authority alleges that an

adult is in need of protection within the meaning of Article 8 of the

OF ADULTS (RATIFICATION)

Convention, may, without prejudice to any other action with respect to

the same matter that is lawfully available, file an application under

sub-article (1) for the issue of measures directed to the protection of

the adult’s person or property.

(3)

The Civil Court (Voluntary Jurisdiction Section) shall in the

exceptional situations stipulated in Article 11 of the Convention, upon

an application filed in accordance with sub-article (1), issue measures

of a temporary nature for the protection of the person of an adult

referred to in said Article 11 of the Convention.

(1)

Articles 22 and 25 of the Convention shall have

effect in accordance with this article.

(2)

A decision to which either of those Articles applies which

was made in a Contracting State other than Malta shall be recognized

in Malta as if made by a court in Malta provided that

(a)

the Court of Appeal may, on the application of

any person appearing to have an interest in the matter, declare

on any of the grounds specified in Article 22 of the Convention

that the decision is not to be recognized in Malta; and

(b)

the decision shall not be enforceable in Malta

unless registered in the competent court in terms of article 7.

(1)

An interested person or the Director may file an

application for the registration of the decision containing the measures

in the registry of the Court of Appeal.

(2)

The Court of Appeal shall refuse to register a decision if it is

of the opinion that on any of the grounds specified in Article 22(2) of

the Convention the decision should not be recognized in Malta.

Where a decision relating to measures has been registered

according to article 7, the Court of Appeal shall have the same powers

for the purpose of enforcing the decision as if it had been made by it

and proceedings for or with respect to its enforcement may be taken

accordingly.

(1)

The Rule-Making Board established in terms of

article 29 of the Code of Organization and Civil Procedure may make

any provision for giving effect to this Act as appears to it to be

necessary or expedient.

(2)

The Minister responsible for justice may by regulations

under this sub-article establish the fees payable in the registry of the

courts in relation to the filing of judicial acts in connection with any

procedure under this Part

OF ADULTS (RATIFICATION)

Provided that until such fees are so established by the

Minister, the fees established in the Code of Organization and Civil

Procedure shall apply.

Malta is making a reservation to the effect that

communications sent to the Central Authority shall be accompanied by

a translation in English only, and not also in French.

By virtue of this Act, and in compliance with the provisions

of the Ratification of Treaties Act, the Government of Malta is

authorized to ratify the Convention on the International Protection of

Adults which was concluded at The Hague on the 13 th January 2000.

If there is any conflict between the English and Maltese

versions in the Schedule, the English version shall prevail.