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Part 5 E+WHome information packs

Exceptions from the dutiesE+W

Valid from 01/08/2007

160Residential properties not available with vacant possessionE+W

(1)The duties under sections 155 to 159 do not apply in relation to a residential property at any time when it is not available for sale with vacant possession.

(2)But for the purposes of this Part a residential property shall be presumed to be available with vacant possession, at any time when any of those duties would apply in relation to the property if it is so available, unless the contrary appears from the manner in which the property is being marketed at that time.

Commencement Information

I1S. 160 wholly in force at 6.4.2008; s. 160 not in force at Royal Assent see s. 270(6); s. 160 in force for certain purposes at 1.8.2007 by S. I. 2007/1668, arts. 2-4; s. 160 in force for certain purposes at 10.9.2007 by S.I. 2007/2471, arts. 2-4; s. 160 in force for certain purposes at 14.12.2007 by S.I. 2007/3308, arts. 2-4; s. 160 in force in so far as not already in force at 6.4.2008 by S.I. 2008/898, art. 2(1)

161Power to provide for further exceptionsE+W

The Secretary of State may by regulations provide for other exceptions from any duty under sections 155 to 159 in such cases and circumstances, and to such extent, as may be specified in the regulations.

162Suspension of duties under sections 155 to 159E+W

(1)The Secretary of State may make an order suspending (or later reviving) the operation of any duty imposed by sections 155 to 159.

(2)An order under this section may provide for the suspension of a duty to take effect only for a period specified in the order.

(3)A duty which is (or is to any extent) revived after being suspended under this section is liable to be suspended again.