On an application to the court under part 4 in which the respondent to the application is the person to whom a request was made under section 32 for a statement in relation to a decision, the court—
(a) may order that the respondent pay the costs of the applicant if the applicant is successful (in whole or part) in obtaining the relief sought; and
(b) may only order that the applicant pay the costs of the respondent—(i) if the applicant is wholly unsuccessful in obtaining the relief sought; and(ii) if the application—(A) does not disclose a reasonable basis; or(B) is frivolous or vexatious; or(C) is an abuse of the process of the court.