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32
NO. 27 OF 2018


(2) Where a person is convicted of an offence under section 14(10) or (13)(a) or 15(8) in respect of any non‑compliance with an order or expedited order, that non‑compliance is not punishable as a contempt of court.

(3) A person cannot be convicted of an offence under section 14(10) or (13)(a) or 15(8) in respect of any non‑compliance with an order or expedited order which has been punished as a contempt of court.

(4) The following persons may apply for a contempt of court in respect of the non‑compliance with an order under section 14 (including the non‑compliance with such an order made on an expedited basis under section 15):

(a) subject to subsection (5), the Director or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)(e);
(b) subject to subsection (5), a family member of the vulnerable adult to whom an order under section 14(1)(e) relates may apply for a contempt of court in respect of the non‑compliance with the order;
(c) the Director or a protector may apply for a contempt of court in respect of the non‑compliance with an order under section 14(1)(i);
(d) the vulnerable adult to whom an order under section 14(1)(e), (f) or (g) or (4)(a), (b), (c) or (e) relates may apply for a contempt of court in respect of the non‑compliance with the order.

(5) The Director, a protector or family member of the vulnerable adult concerned may only make an application mentioned in subsection (4)(a) or (b) if—

(a) the Director, protector or family member has obtained the consent of the vulnerable adult before making the application; or
(b) at the time the application is made, the vulnerable adult is assessed by a mental capacity assessor to lack the mental capacity to consent to the application.