s. s. 39 40 (b) a developer who lodged a claim with HGFL before 1 November 2001 if settlement of the claim was reached with HGFL before the date on which the House Contracts Guarantee (HIH Further Amendment) Act 2002 received the Royal Assent. 39 What are the functions and powers of VMIA in S. 39 (Heading) relation to the indemnity scheme? amended by No. 52/2005 s. 20(1). S. 39 inserted by No. 26/2001 s. 8. (1) VMIA is responsible for the administration of— S. 39(1) amended by No. 52/2005 (a) the indemnity scheme established under this s. 20(2). Part; and (b) the (HIH) Indemnity Fund. (2) VMIA has any other functions conferred on it S. 39(2) amended by under this Part. No. 52/2005 s. 20(2). (3) Without limiting its other powers, VMIA has any S. 39(3) amended by powers necessary to carry out its functions under No. 52/2005 this Part. s. 20(2). (4) VMIA acts on behalf of the State in carrying out S. 39(4) amended by its functions and exercising its powers under or No. 52/2005 for the purposes of this Part. s. 20(2). (5) No claim under this Part can be made on the S. 39(5) amended by assets of VMIA and the assets of VMIA are not No. 52/2005 available for the payment of any amount of claim, s. 20(2). costs or expenses under this Part. 40 Who can make a claim under the scheme? S. 40 inserted by No. 26/2001 (1) A person who has incurred a loss which is covered s. 8. by an indemnity under section 37 may make a
(b) a developer who lodged a claim with HGFL before 1 November 2001 if settlement of the claim was reached with HGFL before the date on which the House Contracts Guarantee (HIH Further Amendment) Act 2002 received the Royal Assent. S. 39 (Heading) amended by No. 52/2005 s. 20(1). S. 39 inserted by No. 26/2001 s. 8. 39 What are the functions and powers of VMIA in relation to the indemnity scheme? s. 39 S. 39(1) amended by No. 52/2005 s. 20(2). (1) VMIA is responsible for the administration of— (a) the indemnity scheme established under this Part; and (b) the (HIH) Indemnity Fund. S. 39(2) amended by No. 52/2005 s. 20(2). (2) VMIA has any other functions conferred on it under this Part. S. 39(3) amended by No. 52/2005 s. 20(2). (3) Without limiting its other powers, VMIA has any powers necessary to carry out its functions under this Part. S. 39(4) amended by No. 52/2005 s. 20(2). (4) VMIA acts on behalf of the State in carrying out its functions and exercising its powers under or for the purposes of this Part. S. 39(5) amended by No. 52/2005 s. 20(2). (5) No claim under this Part can be made on the assets of VMIA and the assets of VMIA are not available for the payment of any amount of claim, costs or expenses under this Part. S. 40 inserted by No. 26/2001 s. 8. 40 Who can make a claim under the scheme? s. 40 (1) A person who has incurred a loss which is covered by an indemnity under section 37 may make a