PART 4

Social housing in England
CHAPTER 5

Insolvency of registered providers of social housing

Financial support for registered providers in housing administration

Indemnities where housing administration order is made
110
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.
S. 110 in force at 5.7.2018 by S.I. 2018/805, reg. 3(a)