If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the covenant required by section 35 shall be determined as if a relevant disposal which is not an exempted disposal had occurred at the appropriate time.
In subsection (1) "the appropriate time" means—
the time when the agreement is entered into, or
if it was made before the beginning of the discount repayment period, immediately after the beginning of that period.
An agreement is within this subsection if it is an agreement between the purchaser or his successor in title and any other person—
which is made (expressly or impliedly) in contemplation of, or in connection with, a disposal to be made, or made, under section 32,
which is made before the end of the discount repayment period, and
under which a relevant disposal (other than an exempted disposal) is or may be required to be made to any person after the end of that period.
Such an agreement is within subsection (3)—
whether or not the date on which the relevant disposal is to take place is specified in the agreement, and
whether or not any requirement to make that disposal is or may be made subject to the fulfilment of any condition.
The Secretary of State may by order provide—
for subsection (1) to apply to agreements of any description specified in the order in addition to those within subsection (3);
for subsection (1) not to apply to agreements of any description so specified to which it would otherwise apply.
An order under subsection (5)—
may make different provision with respect to different cases or descriptions of case; and
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—