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| Regulations. |
13. - (1) Any power of the Secretary of State to make regulations under this Part is exercisable by statutory instrument.
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(2) The Secretary of State shall consult the National Assembly for Wales before making any regulations under this Part which relate to Wales.
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(3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
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| Acting as an estate agent. |
14. - (1) This section identifies who is to be regarded, for the purposes of this Part, as a person acting as estate agent for the seller of a residential property.
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(2) Only an individual, body corporate or partnership with a place of business in England and Wales may be regarded as acting as estate agent for the seller.
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(3) Where a person to whom subsection (2) applies does anything, in the course of a business, in pursuance of instructions from the seller-
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(a) to carry out any activities with a view to effecting the introduction to the seller of a person wishing to buy the property; or |
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(b) to dispose of the property by auction or tender, |
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that person is a person acting as estate agent for the seller (and it is immaterial whether or not he describes himself as an estate agent).
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(4) Where a partnership (or a partner acting in the course of a partnership business) is instructed as mentioned in subsection (3), the individual partners are not to be regarded as persons to whom subsection (2) applies.
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(5) The operation of this section in relation to a partnership is not affected by a change in the membership of the partnership.
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| General interpretation. |
15. - (1) In this Part-
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"acting as estate agent for the seller" shall be construed in accordance with section 14; |
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"disposal" includes the creation of, or the grant of an option to acquire, an interest in land; |
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"dwelling-house" has the meaning given by section 1(3); |
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(a) a lease granted for a term certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture; or
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(b) a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease;
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and for this purpose "lease" does not include a mortgage term; |
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"potential buyer" means a person who claims that he is or may become interested in buying a residential property; |
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"residential property" has the meaning given by section 1(2); |
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"sale" and "seller" have the meanings given by section 1(7); and |
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"seller's pack" has the meaning given by section 1(7). |
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(2) Any action taken in the course of a business carried on by any person is to be regarded for the purposes of this Part as action taken by that person.
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(3) A document held in electronic form is to be regarded for the purposes of this Part as being in a person's possession if (and only if) he is readily able (using equipment available to him)-
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(a) to view the document in a form that is visible and legible; and |
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(b) to produce copies of it in a visible and legible documentary form. |
