Introduction Details of the Sections Section 118 – Section 117: supplementary
127.Subsection (1) specifies that, for section 117(2)(b) purposes, the reference to an interest held for the purposes of the same collective investment scheme includes an interest to which a person connected with the scheme is entitled.
128.Subsection (2) says that for the purposes of section 117 private access between two dwellings is a route between them to which no third party has a right to access.
129.Subsection (3) provides the definition of “third party” for subsection (2) as someone who is neither entitled to possession of the dwellings mentioned in subsection (1) nor is connected with any of them.
130.Subsection (4) defines the “use” condition for section 22(1)(d) as being met where each of the two dwellings is either (a) occupied by a relevant individual or (b) intended to be or usually so occupied or (c) not occupied.
131.Subsection (5) provides the definition of “relevant individual” for subsection (4), including an individual who is a connected person; occupies the property on non-commercial terms; or who is employed by a relevant person in connection with that person’s occupation of a dwelling in the building.
132.Subsection (6) specifies that a person entitled to the possession of a dwelling is one so entitled by an estate or interest in land.