OpenLegislation

Regulation 12 Costs

Original text. Later amendments are not shown.

(1)

The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2), make such an order—

(a)

against a party (including an appellant who has withdrawn his appeal or the Department that has consented to the appeal being allowed) if he is of the opinion that the party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or

(b)

against the Department, where he considers that the disputed decision was wholly unreasonable.

(2)

An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.

(3)

An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.