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40.—(1) In this Part—
“agent” includes a person who—
provides advice to another in a professional capacity; or
acts on behalf of another with their authority;
“automated valuation supplier” means a person who carries out valuations of properties for the purposes of their sale other than by means of a visual inspection of the property;
“keeper of the register” means the Secretary of State or persons keeping the register or any part of the register on behalf of the Secretary of State;
“primary disclosure” means one or more of the following disclosures—
an inspection of the register or a home condition report entered onto the register;
the taking or giving of electronic or paper copies of the register or a home condition report entered onto the register; or
the giving of information contained in or derived from the register or a home condition report entered onto the register;
“report reference number” means the number assigned to a home condition report in accordance with regulation 41;
“request” includes an electronic or automated request;
“register” means the register of home condition reports described in section 165 of the 2004 Act and further described in this Part, and includes parts of the register;
“secondary disclosure” means a disclosure of a home condition report or its contents where that information has been obtained by virtue of a primary disclosure; and
“seller” does not include former sellers.
(2) In this Part, references to a home condition report include—
(a)part of a home condition report; and
(b)a summary or explanation of a home condition report.
(3) In this Part, references to the obtaining, keeping or storing of a document or information include the obtaining, keeping or storing of such a document or information in any form.
(4) In this Part, a disclosure includes—
(a)a primary or secondary disclosure; and
(b)leaving or storing information in a place where it may be visible to another person(1).
By virtue of section 165(7) of the Housing Act 2004, a disclosure not made in accordance with these Regulations contravenes section 165(4) and a person making such a disclosure is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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