Homes Bill - continued        House of Commons
PART I, SELLERS' PACKS - continued
Supplementary - continued

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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.
      (2) The Secretary of State shall consult the National Assembly for Wales before making any regulations under this Part which relate to Wales.
      (3) A statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.
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.
      (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.
      (3) Where a person to whom subsection (2) applies does anything, in the course of a business, in pursuance of instructions from the seller-
    (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
    (b) to dispose of the property by auction or tender,
       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).
      (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.
      (5) The operation of this section in relation to a partnership is not affected by a change in the membership of the partnership.
General interpretation.     15. - (1) In this Part-
    "acting as estate agent for the seller" shall be construed in accordance with section 14;
    "disposal" includes the creation of, or the grant of an option to acquire, an interest in land;
    "dwelling-house" has the meaning given by section 1(3);
    "long lease" means-
      (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
      (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;
    and for this purpose "lease" does not include a mortgage term;
    "potential buyer" means a person who claims that he is or may become interested in buying a residential property;
    "residential property" has the meaning given by section 1(2);
    "sale" and "seller" have the meanings given by section 1(7); and
    "seller's pack" has the meaning given by section 1(7).
      (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.
      (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)-
    (a) to view the document in a form that is visible and legible; and
    (b) to produce copies of it in a visible and legible documentary form.
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