40.—(1) The costs of any proceedings under any provision of this Act shall be in the discretion of the court concerned.

(2) Without prejudice to the generality of subsection (1) of this section, a court in making an order for costs in any proceedings under this Act—

(a) may direct the person who removed or retained a child, or who prevented the exercise of rights of access in relation to a child, to pay any necessary expenses incurred by or on behalf of the applicant in the proceedings, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant and those of returning the child;

(b) shall otherwise have regard to the provisions of Article 26 of the Hague Convention (where proceedings under Part II of this Act are concerned) or Article 5.3 of the Luxembourg Convention (where proceedings under Part III of this Act are concerned).