OpenLegislation

Regulation 40 Interpretation of this Part

Original text. Later amendments are not shown.

(1)

In this Part—

  • “agent” includes a person who—

    1. (a)

      provides advice to another in a professional capacity; or

    2. (b)

      acts on behalf of another with their authority;

  • “automated valuation supplier” means a person who carries out valuations of properties for the purposes of their sale other than by means of a visual inspection of the property;

  • “keeper of the register” means the Secretary of State or persons keeping the register or any part of the register on behalf of the Secretary of State;

  • “primary disclosure” means one or more of the following disclosures—

    1. (a)

      an inspection of the register or a home condition report entered onto the register;

    2. (b)

      the taking or giving of electronic or paper copies of the register or a home condition report entered onto the register; or

    3. (c)

      the giving of information contained in or derived from the register or a home condition report entered onto the register;

  • “report reference number” means the number assigned to a home condition report in accordance with regulation 41;

  • “request” includes an electronic or automated request;

  • “register” means the register of home condition reports described in section 165 of the 2004 Act and further described in this Part, and includes parts of the register;

  • “secondary disclosure” means a disclosure of a home condition report or its contents where that information has been obtained by virtue of a primary disclosure; and

  • “seller” does not include former sellers.

(2)

In this Part, references to a home condition report include—

(a)

part of a home condition report; and

(b)

a summary or explanation of a home condition report.

(3)

In this Part, references to the obtaining, keeping or storing of a document or information include the obtaining, keeping or storing of such a document or information in any form.

(4)

In this Part, a disclosure includes—

(a)

a primary or secondary disclosure; and

(b)

leaving or storing information in a place where it may be visible to another personf1.

Annotations

Footnotes

f1

By virtue of section 165(7) of the Housing Act 2004, a disclosure not made in accordance with these Regulations contravenes section 165(4) and a person making such a disclosure is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.