Regulation 8 Qualifying report: additional requirements where previous report obtained

(1)

This regulation applies if, at any time before the date on which a report is made for the purpose of satisfying the condition in regulation 3(1)(b), the individual making that report—

(a)

becomes aware that the connected person has obtained a previous report, or

(b)

believes the connected person may have obtained a previous report (but this is subject to paragraph (2)).

(2)

Where—

(a)

the connected person makes a statement to the individual making the report as to whether they have obtained a previous report, or a specified number of previous reports, and

(b)

the individual making the report has no reason to believe that statement is incorrect

the report must be made on the basis that the statement is correct.

(3)

If this regulation applies, the report must contain the following—

(a)

if the previous report has been given to the individual making the report, that previous report, a copy of that previous report, or details of the contents of that previous report which relate to the matters referred to in paragraph (6)(c), or

(b)

if the previous report has not been given to the individual making the report—

(i)

a statement that the previous report has not been obtained;

(ii)

the reasons why the previous report has not been obtained;

(iii)

details of any steps taken by the individual making the report to obtain the previous report; and

(iv)

if this regulation applies by virtue of the individual making the report having formed the belief referred to in paragraph (1)(b), the reasons why the individual making the report formed that belief.

(4)

The requirement in paragraph (3)(b)(ii) may be met by including, if applicable, in the report a statement that the connected person claims that no previous report exists.

(5)

Where this regulation applies in respect of two or more previous reports, the report must contain the matters specified in paragraph (3) in relation to each of the previous reports.

(6)

For the purposes of this regulation, a “previous report” means an opinion obtained by the connected person which—

(a)

was obtained before the date on which the report is made,

(b)

is concerned with a disposal of property that is the same, or substantially the same, as the relevant property identified in the report, and

(c)

makes reference to whether the person making the previous report is satisfied that—

(i)

the grounds for the disposal are reasonable or, as the case may be, unreasonable, in the circumstances, or

(ii)

the consideration to be provided for the property is reasonable or, as the case may be, unreasonable, in the circumstances.