177Interpretation of Part 5
(1)In this Part—
“ancillary land”, in relation to a dwelling-house or a sub-divided building, means any land intended to be occupied and enjoyed together with that dwelling-house or building;
“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;
“sale”, in relation to a residential property, means a disposal, or agreement to dispose, by way of sale of—
(a)the freehold interest;
(b)the interest under a long lease;
(c)an option to acquire the freehold interest or the interest under a long lease;
and “seller” means a person contemplating disposing of such an interest (and related expressions shall be construed accordingly).
(2)Any reference in the definition of “sale” to the disposal of an interest of a kind mentioned in that definition includes a reference to the creation of such an interest.
(3)A document which is not in electronic form is only to be regarded for the purposes of this Part as being under the control of a person while it is in the possession of another if he has the right to take immediate possession of the document on demand (and without payment).
(4)A document held in electronic form is only to be regarded for the purposes of this Part as being in a person’s possession or under his control 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.