Part 2Further education bodies: insolvency etc
CHAPTER 4Further education bodies: special administration
Financial support for bodies in education administration
I128Indemnities where education administration order is made
1
If an education administration order has been made in relation to a further education body, the appropriate national authority 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 education administrator, and
b
loss or damage sustained in that connection.
2
The agreement may be made in whatever manner, and on whatever terms, the appropriate national authority considers appropriate.
3
As soon as possible after agreeing to indemnify persons under this section, the appropriate national authority must lay a statement of the agreement before Parliament or the National Assembly for Wales (as appropriate).
4
For repayment of sums paid by the appropriate national authority in consequence of an indemnity agreed to under this section, see section 29.
5
The power of the appropriate national authority 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 education administrator;
b
an employee of the education administrator;
c
a partner or employee of a firm of which the education administrator is a partner or employee;
d
a partner of a firm of which the education administrator was an employee or partner at a time when the order was in force;
e
a body corporate which is the employer of the education administrator;
f
an officer, employee or member of such a body corporate;
g
a Scottish firm which is the employer of the education administrator or of which the education administrator is a partner.
7
For the purposes of subsection (6)—
a
references to the education administrator are to be read, where two or more persons are appointed as the education 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.