40.—(1) The tribunal shall not normally make an order in respect of costs and expenses but may, subject to paragraph (3), make such an order—
(a)against a party (including a parent who has withdrawn his claim or a responsible body which has withdrawn its opposition to the claim) if it is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting a claim was wholly unreasonable;
(b)against a party who has failed to attend or be represented at a hearing of which he has been duly notified; or
(c)against the responsible body where it has not delivered a statement of its case under regulation 13.
(2) Any order in respect of costs and expenses may be made—
(a)as respects any costs and expenses incurred, or any allowances paid; or
(b)as respects the whole, or any part, of any allowance (other than allowances paid to members of the tribunal) paid by the Secretary of State under section 28J(5) of the 1995 Act to any person for the purposes of, or in connection with, his attendance at the tribunal.
(3) No order shall be made under paragraph (1) against a party without first giving that party an opportunity of making representations against the making of the order.
(4) An order under paragraph (1) may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as assessed if not otherwise agreed.
(5) An order under this regulation for costs to be assessed shall allow the County Court to make a detailed assessment of fast track trial costs either on the standard or indemnity basis as the order may specify in accordance with the Civil Procedure Rules 1998.