Commentary on Sections Part 5 - Home Information Packs Section 162: Suspension of duties under sections 155 to 159
353.This section allows the Secretary of State by order to suspend any duty imposed by sections 155, 156, 158 and 159. Such a suspension may be time limited or indefinite and in either case can be revived. This power will only be used in exceptional circumstances.
354.Section 163: Contents of home information packs
355.This section deals with the contents of the home information pack. It gives the Secretary of State power to prescribe the documents to be included in the pack, the time at which they should be included and the information that may be included in, or excluded from them. It also allows the Secretary of State to prescribe documents that may be included in the pack. In other words, optional pack documents.
356.Before prescribing any document for inclusion in the pack, the Secretary of State must be satisfied that it contains information that is relevant to the property being sold and concerns matters that are of interest to a potential buyer.
357.The contents of the home information pack will be specified in the regulations. Subsection (5) gives an indication of the sort of information that is likely to be considered relevant and includes:
	The terms of sale.
	Evidence of title.
	Information in public registers that is relevant to the property, such as replies to local searches.
	Information on the physical condition of the property.
	Information on the energy efficiency of the property.
	Any warranties and guarantees on the property.
	Information concerning service charges and other taxes and charges affecting the property.
	Replies to standard preliminary enquiries made on behalf of buyers;
358.This is information that is, for the most part, obtained by or on behalf of buyers or sellers under the current system. An item which, under current arrangements, is not normally available but which is intended to be included in the pack is information about the energy efficiency of the property. This will contribute towards the implementation of EU Directive 2002/91/EC (Energy Performance of Buildings Directive) which requires member states to introduce requirements for energy performance certificates and to ensure that these are made available by the owner to prospective buyers when properties are sold.
359.Subsection (7) permits the Secretary of State to prescribe the form in which and the terms upon which a prescribed document may be prepared and who should prepare it. Subsection (8) provides that the power to prescribe the terms of a document includes the power to impose a requirement that three specified categories of person should be able to enforce terms under which the document is prepared. This is intended to ensure that buyers and lenders, as well as sellers, are able to rely on the contents of the pack, including the home condition report commissioned by the seller of a property.
360.Subsection (9) enables the Secretary of State to vary the contents of the pack. The regulations may make different provision for different areas, for different types of property or for other different circumstances. An example of the use of this power could be the exclusion of a home condition report from the home information pack where a new home was marketed for sale "off plan" before construction had started or been completed. In addition, different documentation will generally be required depending on whether the interest in a property is leasehold or freehold. It also allows the Secretary of State to vary the time at which particular documents should be included in the pack.