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5.—(1) This Order does not apply—
(a)to a construction contract with a residential occupier (see below), or
(b)to any other description of construction contract excluded from the operation of this Order by order of the Department.
(2) A construction contract with a residential occupier means a construction contract which principally relates to operations on a dwelling which one of the parties to the contract occupies, or intends to occupy, as his residence.
In this paragraph “dwelling” means a dwelling-house or a flat; and for this purpose—
“dwelling-house” does not include a building containing a flat; and
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which the premises are divided horizontally.
(3) The Department may by order amend paragraph (2).
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