regulations 8(m)(ii), 8(n) 8(o), 9(k) and 9(l)
1. A search report complying with this Schedule must contain the following information—
(a)the address of the premises in respect of which the search is conducted;
(b)a statement of whether the following persons have, or are likely to have, any personal or business relationship with any person involved in the sale of the property—
(i)a person who conducted the search; and
(ii)a person who prepared the search report;
(c)subject to Schedules 9 and 10, such enquiries as formed the basis of the search and the information sought;
(d)subject to paragraph 3 of this Schedule, the results of the search;
(e)the date the search was completed;
(f)a description of the records searched, and who they are held by;
(g)if the records searched are derived from other records, a description of those other records and whom those other records are held by;
(h)a description of how relevant documents can be obtained (if they are not included in the home information pack);
(i)the names and addresses of the parties to the arrangements—
(i)under which the search was conducted; and
(ii)if different, under which the search report was prepared;
(j)the name of the persons liable in each of the following events—
(i)any negligent or incorrect entry in the records searched;
(ii)any negligent or incorrect interpretation of the records searched; and
(iii)any negligent or incorrect recording of that interpretation in the search report;
(k)a description of such complaints or redress procedures as exist in relation to the report; and
(l)the terms on which the report is made, including—
(i)the terms described in paragraphs 4, 5 and 6 of this Schedule; and
(ii)the names of the persons who are liable to make the payments described in paragraph 6(b) and 6(c) of this Schedule.
2. A search report complying with this Schedule may contain or be accompanied by documents containing all or any of the following information—
(a)information which identifies the search or the search report;
(b)information which explains the results of the search, the search report or the enquiries or matters to which the results of the search relate; and
(c)information which identifies services or features local to the property, but not including any advertising or marketing information about them.
3. The results of the search included in a search report under paragraph 1(d) of this Schedule must not fail to answer such enquiries as formed the basis of the search, nor fail to give the information originally sought, unless—
(a)a record from which the answer or result could be deduced is not held by or obtainable under any circumstances from—
(i)a local authority in the case of a search report required by regulation 8(m)(ii) or 8(n), or authorised by regulation 9(k)(i); or
(ii)any person in the case of any other search report, and
(b)a statement is also included in the search report indicating—
(i)that a particular result is not included; and
(ii)the reason under sub-paragraph (a) for failing to include the result.
4. Any person may prepare a report required by regulation 8(m)(ii), 8(n) or 8(o), but must do so on the following terms without exclusion or limitation—
(a)that the search report will be prepared with reasonable care and skill; and
(b)that a responsible person may copy or issue a copy of the report for the purposes of complying with any of the following provisions—
(i)regulations 5, 6, 8(m)(ii), 8(n), 8(o) and 21; and
(ii)section 156(1), (2) and (11) of the 2004 Act.
5. The person preparing a search report required by regulation 8(m)(ii), 8(n) or 8(o) must do so on terms enabling the provisions of the contract under which the report is prepared—
(a)to be enforced in relation to the terms mentioned in paragraph 4 of this Schedule, by—
(i)the seller;
(ii)a potential or actual buyer of the property interest; and
(iii)a mortgage lender in respect of the property interest; and
(b)to be enforced by such persons in their own right, whether or not they are a party to such a contract.
6. The person preparing the search reports required by regulation 8(n) or 8(o) must do so on terms ensuring that—
(a)any liability of any type arising under paragraph 5 of this Schedule is the subject of a contract of insurance against such risk effected by, and to be carried out by persons so authorised for the purposes of the Financial Services and Markets Act 2000;
(b)any liability for financial loss arising under paragraph 5 of this Schedule will be met by financial compensation to be paid by a person (other than the persons described in paragraph 5(a)(i) to (iii) of this Schedule) who is—
(i)a party to the contract of insurance; or
(ii)another person involved in the sale of the property; and
(c)such financial compensation is paid by a person mentioned in sub-paragraph (a), if any person mentioned in sub-paragraph (b) fails to pay it (or no longer exists and has no successor).
7. The amount of the financial compensation referred to in paragraph 6(b) of this Schedule may be limited to the amount the potential or actual buyer reasonably believed to be the value of the property interest—
(a)at the time the search report was completed; and
(b)as used for residential purposes.
8. A person may prepare the search reports required by regulation 8(m)(ii), 8(n) or 8(o) on any of the following terms—
(a)terms additional to those described in paragraphs 4, 5 and 6 of this Schedule (without excluding or limiting them); and
(b)terms more favourable to—
(i)the seller;
(ii)a potential or actual buyer of the property interest; or
(iii)a mortgage lender in respect of the property interest,
than those described in paragraphs 4, 5 and 6 of this Schedule.
9. Any search report which contains terms less favourable to—
(a)the seller;
(b)a potential or actual buyer of the property interest; or
(c)a mortgage lender in respect of the property interest,
than those required by this Part of this Schedule does not comply with the requirements of this Schedule.
10. Paragraph 4 of this Schedule applies to pack documents which contain the enquiries required (or enquiries to like effect) to be contained in a search report which would be included under regulation 8(m)(ii), 8(n) or 8(o), regardless of whether one or more of the following has occurred—
(a)they are included under regulation 9(k), Schedule 11 or another provision of these Regulations; or
(b)they are described as a local land charges search, local enquiries or drainage and water enquiries, or given similar descriptions.
11. The search reports authorised by regulation 9(k) and 9(l) may be made on any terms, which, in particular, may include the terms described in Parts 1 and 2 of this Schedule.