§ Clause 14, page 14, line 13, leave out ("re-Cover, or to")
§ Clause 14, page 14, line 16, leave out ("recover, or to")
§ Clause 14, page 14, line 17, at end insert ("and, in relation to any action to enforce a right to recover possession of the goods from the person in possession, section 10 of the principal Act shall apply as if any reference in that section to the hirer were a reference to the person in possession")
§ Clause 14, page 14, line 38, leave out ("recover, or to")
§
page 15, line 15, at end insert—
("(9) The preceding provisions of this section shall have effect in relation to sections
845
11(1) and 12(1) of the principal Act as modified by section 15 of that Act (which relates to successive hire-purchase agreements between the same parties) as those provisions have effect in relation to the said sections 11(1) and 12(1) apart from the said section 15.")
§ Clause 15, page 15, line 19, after ("action") insert ("to enforce a right")
§ Clause 16, page 16, line 39, after ("action") insert ("to enforce a right")
§ Clause 17, page 17, line 39, leave out ("£20") and insert ("£30")
§ Clause 17, page 18, line 31, leave out ("£20") and insert ("£30")
§ Clause 18, page 19, line 25, after ("by") insert ("or on belle if of")
§ After Clause 18, insert the following new clause:
§ Legibility of documents
§ (".—(l) The Board of Trade may make regulations prescribing such requirements (whether as to type, size, colour or disposition of lettering, quality or colour of paper, or otherwise) as the Board may consider appropriate for securing that documents to which this section applies are easily legible.
§ (2) Subject to the provisions of subsection (4) of this section, the documents to which this section applies are documents of any of the following descriptions, that is to say—
- (a) any hire-purchase agreement to which the principal Act applies, and any such copy as is mentioned in paragraph (d) or paragraph (e) of section 2(2) of that Act;
- (b) any credit-sale agreement to which the principal Act applies under which the total purchase price exceeds £30 and any such copy as is mentioned in paragraph (c) or paragraph (d)of section 3(2) of that Act;
- (c) any copy supplied to a hirer or buyer in pursuance of a request made by him under section 6 of the principal Act;
- (d) any note or memorandum of a contract of guarantee relating to such a hire-purchase agreement or credit-sale agreement as is mentioned in paragraph (a) or paragraph (b) of this subsection and any such copy as is mentioned in paragraph (a) or paragraph (b) of section 17(1) of this Act;
- (e) any such copy as is mentioned in paragraph (a) or paragraph (b) of subsection (4) of section 17 of this Act which is supplied to a guarantor in pursuance of a request made by him under subsection (3) of that section.
§ (3) A hire-purchase agreement, credit-sale agreement or contract of guarantee shall not be invalid by reason only that any regulations made under this section are not complied with; but where the requirements of any such regulations relating to a document are not complied with—
- (a) if the document falls within paragraph (a) or paragraph (b) of the last preceding subsection. section 2(2) or section 3(2) of the principal Act shall apply as if those requirements were included among the
846 requirements specified in paragraph (b) to (e) of the said section 2(2) or paragraphs(b) to (d) of the said section 3(2), as the case may be; - (b) if the document is a copy falling within paragraph (c) or paragraph (e) of the last preceding subsection, section 6(2) of the principal Act, or section 17(5) of this Act, shall apply as if that copy had not been supplied to the hirer or buyer, or the guarantor, as the case may be;
- (c) if the document falls within paragraph (d) of the last preceding subsection, subsections (1) and (2) of section 17 of this Act shall apply as if the requirements of the regulations relating to that document were included among the requirements imposed by subsection (1) of that section.
§ (4) Without prejudice to the operation of section 31(3) of this Act in relation to any regulations made under this section, any such regulations—
- (a) may specify which parts of the contents of a document to which the regulations apply are permitted to consist of handwriting or a reproduction of handwriting, and may prescribe requirements in relation to so much of the contents of such a document as is permitted to consist, and consists, of handwriting or a reproduction of handwriting and in relation to the remainder of the contents of such a document; and
- (b) may except from any of the requirements of the regulations any marginal note or other subsidiary parts of a document.
§ (5) In relation to so much of any document falling within paragraph (a) or paragraph (b) of subsection (2) of this section as consists of—
- (a) words or other matters prescribed by regulations made under section 3(4) of this Act, or
- (b) a statement required to be contained therein as prescribed by regulations made under section 2(2) or section 3(2) of the principal Act as modified by section 5 of this Act,
§ Clause 19, page 20, line 34, leave out ("£20") and insert ("£30".)
§ Clause 20, page 21, line 27, leave out ("section 5(1), sections 6") and insert ("sections 5")
§ Clause 20, page 21, line 36, at end insert ("In this subsection 'representations' has the same meaning as in section 9 of this Act, and references to making representations shall be construed accordingly ")
§ Clause 21, page 22, line 14, leave out from beginning to ("the") in line 18.
§ Clause 21, page 22, line 19, leave out ("and (2)") and insert ("(2) and (5)")
§ Clause 21, page 22, line 30, at end insert("(3) The following enactments shall cease to have effect, that is to say, sections 1 to 5 and 8 and 9 of the Hire Purchase and Small 847 Debt (Scotland) Act 1932, the Hire-Purchase Act 1954 (in so far as it applies to Scotland) and the Credit-Sale Agreements (Scotland) Act 1961.")
§
Clause 21, page 22, line 31, leave out subsection (3) and insert—
("(4) The following provisions of this subsection shall have effect for the purpose of the construction of any reference (however expressed) in any enactment passed before this Act to a contract to which the Hire Purchase and Small Debt (Scotland) Act 1932 applied or would in certain circumstances have applied:—
- (a) if the reference is a reference to a contract to which paragraph (a) of section 1 of that Act applied or would have applied, it shall be construed as a reference to a hire-purchase agreement within the meaning assigned to that expression by section 21(1) of the Act of 1938;
- (b) if the reference is a reference to a contract to which paragraph (b) of the said section 1 applied or would have applied, it shall be construed as a reference to a conditional sale agreement within the meaning assigned to that expression by section 18(5) of this Act;
- (c) if the context of the reference requires that it shall be construed as a reference only to a contract relating to an article within the limitation as to value specified in the said paragraph (a) or, as the case may be, the said paragraph (b) it shall be construed as a reference to a hire-purchase agreement (within the meaning assigned as aforesaid) under which the hire-purchase price does not exceed the limitation for the time being specified in section 1(1) of the Act of 1938 or, as the case may be, a conditional sale agreement (within the meaning assigned as aforesaid) under which the total purchase price does not exceed the limitation specified or referred to in section 18(2) of this Act;
- (d) for the removal of doubt it is hereby declared that except as required by the last preceding paragraph no account is to be taken of section 1 of the Act of 1938, or section 2 or the proviso to section 18(2) of this Act, in construing any such reference;
- (e) in relation to any such reference, expressions to which meanings are assigned by section 21(1) of the Act of 1938 shall in any enactment passed before this Act have the meanings so assigned to them respectively, unless the context otherwise requires; and any words defining the expressions 'purchaser' or 'instalment' for the purposes of any such reference shall be disregarded.")
§ Clause 22, page 23, line 2, leave out from ("Scotland") to end of line 6, and insert ("the provisions of this Act set out in the following Table shall extend to Scotland subject to the modifications specified in the next following subsection.