Air Navigation and Transport (Indemnities) Act 2005

Defences available to Minister.

11.—(1) The Minister shall have available to him or her in respect of a Ministerial indemnity—

(a) all defences to a claim for indemnity,

(b) all rights (including but without prejudice to the generality of the foregoing, rights of repudiation, disclaimer and subrogation)—

(i) held by or accruing to the insurer under the policy of insurance referred to in section 4 (1), or

(ii) in the case of an air navigation undertaking to which section 4 (2) refers which are or were prior to the commencement of the state of difficulty normally held by or accrue to an insurer under a policy of insurance relating to the risk the subject of the indemnity,


(c) all rights of repudiation and disclaimer in relation to warranties and representations made by or on behalf of the applicant for a Ministerial indemnity,

as if the Minister were, to the extent of the liability referred to in the Ministerial indemnity concerned, the insurer under a policy of insurance of the type concerned.

(2) Nothing in this Act shall confer any rights on a person as against an air navigation undertaking, the Minister or the State in respect of an event which is a specified risk that that person would not have had against the air navigation undertaking concerned had the event occurred before the date specified in the order most recently made under section 2 (1) as being the date upon which the state of difficulty commenced.