Part 3Provision of information on sale of house

Prescribed documents

I1I2104Information to be held or provided to potential buyers

1

The Scottish Ministers may by regulations—

a

prescribe documents for the purposes of section 98, 99(1) or 101(2), and

b

make such further provision about those documents as they think fit.

2

A document may be prescribed under subsection (1) only if the Scottish Ministers consider that it discloses information about—

a

the physical condition of a house (including any characteristics or features of the house),

b

the value of a house, or

c

any other matter connected with a house, or the sale of a house, that would be of interest to potential buyers.

3

Regulations under subsection (1) may, in particular, make provision—

a

about the form of, and the information to be included in, or excluded from, a prescribed document,

b

requiring that a prescribed document be prepared by a person of a description specified in the regulations,

c

requiring that the date to which information in a prescribed document relates is no earlier than the beginning of such period as the regulations may specify before the date on which the house was put on the market,

d

requiring that a prescribed document is to be valid for such period of time, or is to be invalidated in such circumstances, as the regulations may specify.

4

Regulations under subsection (1) may also make provision for and in connection with the registration of prescribed documents and may, in particular, make provision—

a

for a register of prescribed documents to be kept by the Scottish Ministers or such other person as the regulations may specify (or for the keeping of 2 or more such registers),

b

authorising the Scottish Ministers to make payments or to give other assistance in connection with the creation, administration or operation of such a register,

c

requiring persons of such type as may be so specified to register prescribed documents in such circumstances as may be so specified,

d

about the circumstances and manner in which, and the purposes for which, information contained in such a register may be inspected, copied or otherwise obtained,

e

setting the amount, or the maximum amount, of any fee which may be charged in connection with registering documents or with inspecting or obtaining information contained in such a register,

f

for enforcement by enforcement authorities of any requirement to register prescribed documents.