- (ii) in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules.
(2) To avoid doubt, proceedings under section 7(3), 10(4), 11(2), 12, 17 or 22(4) are not to be treated as criminal proceedings.
(3) Subject to subsection (4), the court may not make any order under section 7(3), 10(4), 11(3), 14, 15 or 17 without giving the vulnerable adult an opportunity to be heard.
(4) No opportunity to be heard needs to be given under subsection (3) if—
- (a) the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to make decisions in relation to any application for an order under section 11(3), 14, 15 or 17 concerning the vulnerable adult; or
- (b) the court is of the view that it is not practicable in the circumstances to do so.
(5) The court before which an application under section 7(3), 10(4), 11(2), 12, 17 or 22(4) is heard may make such order as to costs as the court thinks fit.
(6) A judge of the court, when determining whether to make an order under section 14(1)(b) or (j), must sit with 2 advisers from a panel of advisers nominated by the Minister.
(7) However, if the court cannot without adjournment be fully constituted under subsection (6) and an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or sit alone.
(8) The functions of the advisers are to inform and advise the court in relation to—
- (a) the protection and safety of a vulnerable adult; or
- (b) the appropriateness of making an order in respect of a vulnerable adult under section 14(1)(b) or (j).
