Orders as to costs: supplementary

110.—(1) Subsection (2) applies where all of the following apply—

(a)for the purpose of an appeal referred to in section 109(2)—

(i)the Water Appeals Commission is required, before a decision is reached, to give any person an opportunity, or ask any person whether the person wishes, to appear before and be heard by it,

(ii)arrangements are made for a hearing to be held,

(b)the hearing does not take place,

(c)if it had taken place, the Commission would have had power to make an order under section section 109(1) requiring any party to pay any costs of any other party.

(2) The power to make such an order may be exercised, in relation to costs incurred for the purposes of the hearing, as if the hearing had taken place.