40 [360] costs and expenses, measured by the court, reasonably incurred by the prosecutor in relation to the prosecution of the offence. (2) An order for costs and expenses referred to in paragraph (1) shall be in addition to and not instead of any fine or penalty the court may impose. Prosecution of offences-operators of essential services 36. (1) Summary proceedings for an offence under these Regulations committed by an operator of essential services other than an offence committed by an operator of essential services in a sector referred to in Regulation 7(2) may be brought and prosecuted by the competent authority referred to in Regulation 7(1). (2) Summary proceedings for an offence under these Regulations committed by an operator of essential services in a sector referred to in Regulation 7(2) may be brought and prosecuted by the competent authority referred to in that Regulation. Prosecution of offences-relevant digital service providers 37. Summary proceedings for an offence committed by a relevant digital service provider under these Regulations may be brought and prosecuted by the competent authority referred to in Regulation 8. Hearing of proceedings otherwise than in public 38. If a Court is satisfied that it is desirable that the whole or part of proceedings relating to an application or an appeal under these Regulations be heard otherwise than in public because of the nature or the circumstances of the case or having regard to the interests of justice then the Court may make an order that the proceedings shall, in whole or part, be heard otherwise than in in public.