Regulation 221 Duty of the Secretary of State to indemnify

The cases and circumstances prescribed for the purposes of section 35(5)(b) (power or duty of Secretary of State to indemnify) are—

(a)

cases where the operator is liable in respect of gross negligence or wilful misconduct in the performance of its obligations under the Act or regulations made under the Act;

(b)

circumstances where damage or loss is caused as a result of the non-compliance by the operator with—

(i)

any conditions of its licence;

(ii)

any requirements under the Act or regulations made under the Act.