PART 4Social housing in England

CHAPTER 5Insolvency of registered providers of social housing

Financial support for registered providers in housing administration

I1110Indemnities where housing administration order is made

1

If a housing administration order has been made in relation to a registered provider, the Secretary of State may agree to indemnify persons in respect of one or both of the following—

a

liabilities incurred in connection with the carrying out of functions by the housing administrator, and

b

loss or damage sustained in that connection.

2

The agreement may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.

3

As soon as practicable after agreeing to indemnify persons under this section, the Secretary of State must lay a statement of the agreement before Parliament.

4

For repayment of sums paid by the Secretary of State in consequence of an indemnity agreed to under this section, see section 111.

5

The power of the Secretary of State to agree to indemnify persons—

a

is confined to a power to agree to indemnify persons in respect of liabilities, loss and damage incurred or sustained by them as relevant persons, but

b

includes power to agree to indemnify persons (whether or not they are identified or identifiable at the time of the agreement) who subsequently become relevant persons.

6

The following are relevant persons for the purposes of this section—

a

the housing administrator,

b

an employee of the housing administrator,

c

a partner or employee of a firm of which the housing administrator is a partner,

d

a partner or employee of a firm of which the housing administrator is an employee,

e

a partner of a firm of which the housing administrator was an employee or partner at a time when the order was in force,

f

a body corporate which is the employer of the housing administrator,

g

an officer, employee or member of such a body corporate, and

h

a Scottish firm which is the employer of the housing administrator or of which the housing administrator is a partner.

7

For the purposes of subsection (6)—

a

references to the housing administrator are to be read, where two or more persons are appointed as the housing administrator, as references to any one or more of them, and

b

references to a firm of which a person was a partner or employee at a particular time include a firm which holds itself out to be the successor of a firm of which the person was a partner or employee at that time.