Section 50Part 7 — MISCELLANEOUS
Recognition of similar directives and proxies from certain jurisdictions
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The following instruments, by whatever name called, having been made under a law of a jurisdiction listed in subsection (2) shall be recognised in the Islands —
documents that have, or include, similar functions to that of a directive (each a "recognised directive"); and
written appointments similar to, or that include, the appointment of a person (whatever called) to perform functions that are similar to, or include, a proxy's functions under this Act (each a "recognised appointment").
The list of the jurisdictions is —
the United Kingdom;
Australia;
Canada;
South Africa;
New Zealand;
Jamaica;
the United States of America; and
a jurisdiction that is a member State of the European Union under the Treaty on European Union signed in Maastricht on 7th February, 1992.
The Cabinet may, by Order, amend subsection (2).
The following shall apply for persons in the Islands —
a recognised directive that has not been revoked under the laws of the relevant jurisdiction has effect as if it had been made under this Act;
a recognised appointment that has not been revoked under the laws of the relevant jurisdiction has effect as if it had been made under this Act;
the functions of registered practitioners and proxies concerning a recognised directive or appointment are those under this Act and not the laws of the jurisdiction under which the directive or appointment was made; and
a provision of a recognised directive is of no effect to the extent that the provision —
requires a registered practitioner to provide a person with any particular type of health care, except the denial under the directive of particular health care or of any health care; or
is a barred provision.
Subsection (4) applies despite the other jurisdiction's laws and the provisions of the recognised directive or appointment.
Subsections (4)(d) and (5) do not apply for a law of England to the extent it applies to the Islands.
In this section, "jurisdiction" includes a Province, State or another governmental body with legislative functions within a jurisdiction.
Defined Terms
recognised directiverecognised appointmentjurisdiction