8. There is an exception to the duties in relation to a house–
(a)which is subject to a condition imposed under section 41(1)(a) of the Town and Country Planning (Scotland) Act 1997(1) regulating the use of the house to either or both of the following–
(i)occupation for less than 11 months in any 12 month period; or
(ii)use only for holiday accommodation; and
(b)where it is clear from the manner in which the house is marketed that it is subject to such a condition.