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9. (1) A tribunal or chairman may make an order (“a costs order”) that a party (“the paying party”) make a payment in respect of the costs incurred by another party (“the receiving party”).
(2) For the purposes of paragraph (1) “costs” shall mean fees, charges or disbursements incurred by or on behalf of a party in relation to the proceedings.
(3) The amount of a costs order against the paying party can be determined in the following ways –
(a)the tribunal may specify the sum which the paying party must pay to the receiving party, provided that sum does not exceed £10,000;
(b)the parties may agree on a sum to be paid by the paying party to the receiving party and if they do so the costs order shall be for the sum so agreed;
(c)the tribunal may order the paying party to pay the receiving party the whole or a specified part of the costs of the receiving party with the amount to be paid being determined by way of detailed assessment in a county court in accordance with such of the scales prescribed by county court rules for proceedings in the county court as shall be directed by the order.
(4) The tribunal or chairman may have regard to the paying party’s ability to pay when considering whether it or he shall make a costs order or how much that order should be.
(5) For the avoidance of doubt, the amount of a costs order made under either paragraph (3)(b) or (c) may exceed £10,000.
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