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5. (1) The following are excepted contracts, namely any contract—
(a)for the sale or other disposition of an interest in land except for a rental agreement;
(b)for the construction of a building where the contract also provides for a sale or other disposition of an interest in land on which the building is constructed, except for a rental agreement;
(c)relating to financial services, a non-exhaustive list of which is contained in Schedule 2;
(d)concluded by means of an automated vending machine or automated commercial premises;
(e)concluded with a telecommunications operator through the use of a public pay-phone;
(f)concluded at an auction.
(2) References in paragraph (1) to a rental agreement—
(a)if the land is situated in England and Wales, are references to any agreement which does not have to be made in writing (whether or not in fact made in writing) because of section 2(5)(a) of the Law of Property (Miscellaneous Provisions) Act 1989(1);
(b)if the land is situated in Scotland, are references to any agreement for the creation, transfer, variation or extinction of an interest in land, which does not have to be made in writing (whether or not in fact made in writing) as provided for in section 1(2) and (7) of the Requirements of Writing (Scotland) Act 1995(2); and
(c)if the land is situated in Northern Ireland, are references to any agreement which is not one to which section II of the Statute of Frauds, (Ireland) 1695(3) applies.
(3) Paragraph (2) shall not be taken to mean that a rental agreement in respect of land situated outside the United Kingdom is not capable of being a distance contract to which these Regulations apply.
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