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Contents of sellers' packs |
| Contents of sellers' packs. |
7. - (1) The Secretary of State may make regulations-
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(a) prescribing the documents to be included in the seller's pack for a residential property; and |
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(b) specifying particular information to be included in or excluded from any document so prescribed. |
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(2) Any document so prescribed must be one that the Secretary of State considers would disclose relevant information.
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(3) Any particular information required to be included in a prescribed document must be information that the Secretary of State considers to be relevant information.
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(4) In this section "relevant information" means information about any matter connected with the property (or the sale of the property) that would be of interest to potential buyers.
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(5) Without prejudice to the generality of subsection (4), the information which the Secretary of State may consider to be relevant information in relation to a residential property includes any information about any of the following matters, namely-
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(a) the interest which is for sale and the terms on which it is proposed to sell it; |
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(b) the title to the property; |
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(c) anything relating to or affecting the property that is contained in- |
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(i) a register required to be kept by or under any enactment (whenever passed); or
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(ii) records kept by a person who can reasonably be expected to give information derived from those records to the seller at his request (on payment, if required, of a reasonable charge);
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(d) the physical condition of the property (including any particular characteristics or features of the property); |
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(e) any warranties or guarantees subsisting in relation to the property; |
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(f) any taxes, service charges or other charges payable in relation to the property. |
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(6) The regulations may require the seller's pack for the property to include-
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(b) replies the seller proposes to give to prescribed pre-contract enquiries; |
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(c) documents or particular information indexing or otherwise explaining the contents of the seller's pack for the property. |
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(7) The regulations may require any document required to be included in the seller's pack-
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(a) to be prepared, on such terms (if any) as may be prescribed, by a person of a prescribed description; and |
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(b) to be in such form as may be specified in the regulations. |
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(8) The regulations may-
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(a) provide for the time at which any document is to be included in or removed from the seller's pack; |
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(b) make incidental, supplementary and transitional provision; and |
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(c) make different provision for different areas, for different descriptions of properties or for other different circumstances (including the manner in which a residential property is marketed). |
| Home condition reports. |
8. - (1) Regulations under section 7 may make the provision mentioned in this section in relation to any description of document within section 7(5)(d) (reports on matters relating to the physical condition of a property) which is to be included in the seller's pack for a residential property.
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(2) In this section "home condition report" means a document of that description.
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(3) The regulations may require a home condition report to be made by an individual who is a member of an approved certification scheme following an inspection carried out by him in accordance with the provisions of the scheme.
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(4) The regulations shall, if the provision mentioned in subsection (3) is made, make provision for the approval by the Secretary of State of one or more suitable certification schemes (and for the withdrawal by him of any such approval).
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(5) The regulations shall require the Secretary of State to be satisfied, before approving a certification scheme, that the scheme contains appropriate provision-
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(a) for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to produce home condition reports; |
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(b) for ensuring that members of the scheme have in force suitable indemnity insurance; |
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(c) for the resolution of complaints against members of the scheme by sellers or buyers of residential property; |
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(d) for the registration of all home condition reports made by members of the scheme; and |
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(e) for such other purposes as may be specified in the regulations. |
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(6) The regulations may require or authorise an approved certification scheme to contain provision about any matter relating to the home condition reports with which the scheme is concerned (including the terms on which members of the scheme may undertake to produce a home condition report).
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(7) Nothing in this section affects the power under section 7 to make provision about home condition reports in the regulations.
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Enforcement |
| Enforcement. |
9. - (1) It is the duty of a local weights and measures authority to enforce the provisions of this Part in their area.
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(2) Schedule 1 (which makes provision about-
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(a) fixed penalties for offences under sections 3 and 4; and |
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(b) the enforcement of this Part by officers of local weights and measures authorities), |
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has effect.
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| Proceedings for offences under Part I. |
10. - (1) Proceedings for an offence under this Part may not be commenced except by or with the consent of the Director of Public Prosecutions or a local weights and measures authority.
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(2) Proceedings for an offence under this Part committed by a person acting in the course of a business shall not be commenced after-
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(a) the end of the period of three years beginning with the date of the commission of the offence; or |
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(b) the end of the period of one year beginning with the date of the discovery of the offence by the prosecutor, |
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whichever is earlier.
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(3) Proceedings for an offence under this Part committed by a person not acting in the course of a business shall not be commenced after the end of the period of six months beginning with the date of the commission of the offence.
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(4) A certificate signed by or on behalf of the prosecutor and stating the date on which the offence was discovered by him shall be evidence of that fact.
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A document stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.
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| Offences by bodies corporate etc. |
11. - (1) Where the commission by a person of an offence under this Part is due to the act or default of an employee of that person, the employee is guilty of the offence and may be proceeded against and punished (whether or not proceedings are also taken against his employer).
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(2) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished (whether or not proceedings are also taken against the body corporate).
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(3) In subsection (2) "officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in that capacity.
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(4) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were an officer of the body.
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(5) Where an offence under this Part committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a partner, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
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