HC Deb 22 July 1977 vol 935 c2216

Lords amendment: No. 38, in page 11, line 4, leave out Clause 21 and insert new Clause— 21. For the avoidance of doubt, where any provision of this Part of this Act requires that the incorporation of a term in a contract must be fair and reasonable for that term to have effect—

  1. (a)if that requirement is satisfied, the term may be given effect to notwithstanding that the contract has been terminated in consequence of breach of that contract;
  2. (b)for the term to be given effect to, that requirement must be satisfied even where a party who is entitled to rescind the contract elects not to rescind it."

The Lord Advocate

I beg to move, That this House doth agree with the Lords in the said amendment.

This is a Scottish redraft of provisions equivalent to Clause 9 of the Bill.

Question put and agred to.

Lords Amendments Nos. 39 to 43 agreed to.

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