Section 110 — Housing and Planning Act 2016: Indemnities where housing administration order is made

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.