TABLE (Hansard, 6 July 1964)

HL Deb 06 July 1964 vol 259 cc847-60 847

§ Section 2.

§ Sections 4 to 10 and section (Re-delivery, and interim care of, goods comprised in notice of cancellation).

848

§ Section 12.

§ Section (Notice of hirer's default).

§ Sections 13 to 17.

§ Section 18(2) to (5).

§ Section (Legibility of documents).

§ Section 19.

§ Section 20 (in so far as it relates to the provisions mentioned in this Table).

§ Schedule 1.

§ (2) The modifications referred to in the preceding subsection are as follows:—")

§ Clause 21, page 22, line 17, at end insert— ("(d) for any reference to a personal representative there shall be substituted a reference to an executor.")

§ at end insert— ("()in section 9(3), for any reference to a condition or warranty there shall be substituted a reference to a stipulation.")

§ Clause 21, page 22, line 20, at end insert— ("()in section (Notice of hirer's default), subsection (8) and paragraph (a) of subsection (7) shall be omitted.")

§ Clause 21, page 22, leave out lines 22 and 23.

§ Clause 21, page 22, line 31, at end insert— ("(v)in subsection (4), the words from "and in relation to" to the end of the subsection shall be omitted.")

§ page 24, line 11, leave out ("Act of 1938") and insert ("Hire-Purchase Act 1938 as extended to Scotland.")

§ Clause 21, page 22, line 14, leave out ("£20") and insert ("£30".)

§ Clause 21, page 22, line 18, after ("signed") insert ("before two witnesses")

§ Clause 21, page 22, line 26, at end insert— ("()in section (Legibility of Documents)—

(i) in subsection (2)(d), the words "note or memorandum of a" and the words "paragraph (a) or paragraph (b) of", where those words second occur, shall be omitted; and
(ii) in subsection (5)(a), for the words "section 3(4) of this Act" there shall be substituted the words "section 2(3) or 3(3) of the Hire-Purchase Act 1938 as extended to Scotland".")

§ Clause 21, page 22, line 30, at end insert— ("(iii) in paragraph 6(2), for any reference to an assignment there shall be substituted a reference to an assignation.")

§ Clause 21, page 22, line 34, at end insert— ("(iv) paragraph 8A shall be omitted.")

§ page 24, line 38, leave out Clause 23 and insert the following new Clause—

§ Protection of purchasers of motor vehicles

§ (".—(1) The provisions of this section shall have effect where a motor vehicle has been let under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, at a time before the property in the vehicle has become vested in the hirer or buyer, he disposes of the vehicle to another person.

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§ (2) Where the disposition referred to in the preceding subsection is to a private purchaser, and he is a purchaser of the motor vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement, that disposition shall have effect as if the title of the owner or seller to the vehicle had been vested in the hirer or buyer immediately before that disposition.

§ (3) Where the person to whom the disposition referred to in subsection (1) of this section is made (in this subsection referred to as 'the original purchaser') is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (in this section referred to as 'the first private purchaser') is a purchaser of the vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the owner or seller to the vehicle had been vested in the hirer or buyer immediately before he disposed of it to the original purchaser.

§ (4) Where, in a case falling within the last preceding subsection,—

(a) the disposition whereby the first private purchaser becomes a purchaser of the motor vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement is itself a letting under a hire-purchase agreement, and
(b) the person who is the owner in relation to that agreement disposes of the vehicle to the first private purchaser or a person claiming under him, by way of transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf,

the disposition referred to in paragraph (b) of this subsection (whether the person to whom it is made is then a purchaser in good faith and without notice of the original hire-purchase agreement or conditional sale agreement or not) shall, as well as the disposition referred to in paragraph (a) of this subsection, have effect as mentioned in the last preceding subsection.

§ (5) The preceding provisions of this section shall have effect—

(a) notwithstanding anything in section 21 of the Sale of Goods Act 1893 (which relates to the sale of goods by a person who is not the owner), but
(b) without prejudice to the provisions of the Factors Acts (as defined by section 62(1) of the said Act of 1893) or of any other enactment enabling the apparent owner of goods to dispose of them as if he were the true owner of the goods.

§ (6) Nothing in this section shall exonerate the hirer or buyer from any liability (whether criminal or civil) to which he would be subject apart from this section; and, in a case where the hirer or buyer disposes of the motor vehicle to a trade or finance purchaser, nothing in this section shall exonerate—

(a) that trade or finance purchaser, or
(b) any other trade or finance purchaser who becomes a purchaser of the vehicle and 850 is not a person claiming under the first private purchaser,

from any liability (whether criminal or civil) to which he would be subject apart from this section.")

§ After Clause 23, insert the following new clause:

§ Presumptions relating to dealings with motor vehicles

§ (" .—(1) Where in any proceedings (whether criminal or civil) relating to a motor vehicle it is proved—

(a) that the vehicle was let under a hire-purchase agreement, or was agreed to be sold under a conditional sale agreement, and
(b) that a person (whether a party to the proceedings or not) became a private purchaser of the vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement,

the following provisions of this section shall have effect for the purposes of the operation of section (Protection of purchasers of motor vehicles) of this Act in relation to those proceedings.

§ (2) It shall be presumed for those purposes, unless the contrary is proved, that the disposition of the vehicle to the person referred to in paragraph (b) of the preceding subsection (in this section referred to as 'the relevant purchaser') was made by the hirer or buyer.

§ (3) If it is proved that that disposition was not made by the hirer or buyer, then it shall be presumed for those purposes, unless the contrary is proved—

(a) that the hirer or buyer disposed of the vehicle to a private purchaser who was a purchaser of the vehicle in good faith and without notice of the hire-purchase agreement or conditional sale agreement, and
(b) that the relevant purchaser is or was a person claiming under the person to whom the hirer or buyer so disposed of the vehicle.

§ (4) If it is provided that the disposition of the vehicle to the relevant purchaser was not made by the hirer or buyer, and that the person to whom the hirer or buyer disposed of the vehicle (in this subsection referred to as 'the original purchaser') was a trade or finance purchaser, then it shall be presumed for those purposes, unless the contrary is proved,—

(a) that the person who, afer the disposition of the vehicle to the original purchaser, first became a private purchaser of the vehicle was a purchaser in good faith and without notice of the hire-purchase agreement or conditional sale agreement, and
(b) that the relevant purchaser is or was a person claiming under the original purchaser.

§ (5) Without prejudice to any other mode of proof, where in any proceedings a party thereto admits a fact, that fact shall, for the purposes of this section, be taken as against him to be proved in relation to those proceedings.")

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§ After Clause 23, insert the following new Clause:

§ Interpretation of Part III

§ (" .—(1) In this Part of this Act— 'conditional sale agreement' and 'seller' have the meanings assigned to them by section 18(5) of, and paragraph 6 of Schedule 1 to, this Act; 'disposition' means any sale or contract of sale (including a conditional sale agreement), any letting under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and 'disposed of' shall be construed accordingly; 'hire-purchase agreement' and 'owner' have the meanings assigned to them by section 21(1) of the Hire-Purchase Act 1938; 'motor vehicle' means a mechanically propelled vehicle intended or adapted for use on roads to which the public has access.

§ (2) In this Part of this Act 'trade or finance purchaser' means a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly,—

(a) of purchasing motor vehicles for the purpose of offering or exposing them for sale, or
(b) of providing finance by purchasing motor vehicles for the purpose of letting them under hire-purchase agreements or agreeing to sell them under conditional sale agreements,

and 'private purchaser' means a purchaser who, at the time of the disposition made to him, does not carry on any such business.

§ (3) For the purposes of this Part of this Act a person becomes a purchaser of a motor vehicle if, and at the time when, a disposition of the vehicle is made to him; and a person shall be taken to be a purchaser of a motor vehicle without notice of a hire-purchase agreement or conditional sale agreement if, at the time of the disposition made to him, he has not actual notice that the vehicle is or was the subject of any hire-purchase agreement or conditional sale agreement.

§ (4) In this Part of this Act 'the hirer or buyer'—

(a) in relation to a motor vehicle which has been let under a hire-purchase agreement, means the person who at the material time (whether the agreement has before that time been terminated or not) is the hirer in relation to that agreement for the purposes of the Hire-Purchase Act 1938, including a person who at that time is, by virtue of section 13(1) of that Act, deemed to be a bailee of the vehicle as therein mentioned;
(b) in relation to a motor vehicle which has been agreed to be sold under a conditional sale agreement, means the person who at the material time (whether the agreement has before that time been terminated or not) is in relation to that agreement the buyer (as defined by para- 852 graph 6 of Schedule 1 to this Act), including a person who at that time is, by virtue of section 13(1) of the Hire-Purchase Act 1938 (as modified by paragraph 4 of that Schedule), deemed to be in possession of the vehicle as therein mentioned.

§ (5) In this Part of this Act any reference to the title of the owner or seller to a motor vehicle which has been let under a hire-purchase agreement, or agreed to be sold under a conditional sale agreement, and is disposed of by the hirer or buyer, is a reference to such title (if any) to the vehicle as, immediately before that disposition, was vested in the person who then was the owner in relation to the hire-purchase agreement, or the seller in relation to the conditional sale agreement, as the case may be.

§ (6) In the application to Scotland of subsection (4) of this section, for the word 'bailee' there shall be substituted the word 'custodier'.")

§ Leave out Clause 24.

§ Leave out Clause 25.

§ Leave out Clause 26.

§ Leave out Clause 27.

§ Clause 32, page 31, line 41, at end insert— ("(3) For the removal of doubt it is hereby declared that no account is to be taken of section 1 of the principal Act, or of section 2 of this Act, for the purpose of construing any enactment whereby (however the enactment is expressed) it is provided that in the enactment (or, if the enactment extends to Scotland, in the enactment in its application to England and Wales) 'hire-purchase agreement', or any similar expression, has the same meaning as 'hire-purchase agreement' has in the principal Act or the definition of 'hire-purchase agreement' in the principal Act is otherwise applied for the purposes of the enactment:

§ Provided that this subsection shall not affect the construction of—

(a) any enactment (not contained in this Act) which expressly refers to hire-purchase agreements 'to which the Hire-Purchase Act 1938 applies', or
(b) any reference in this Act to hire-purchase agreements to which the principal Act applies.")

§ Clause 33, page 32, line 12, at end insert— ("(3) The provisions of Part III of this Act—

(a) shall have effect in relation to hire-purchase agreements and conditional sale agreements made before, as well as in relation to such agreements made after, the commencement of this Act, but
(b) shall not have effect where the disposition by the hirer or buyer which is referred to in subsection (1) of section (Protection of purchasers of motor vehicles) of this Act was made before the commencement of this Act.")

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§ After Clause 33, insert the following new clause:

§ Commencement

§ (" .—(1) Subject to the following provisions of this section, this Act shall come into operation on 1st January 1965.

§ (2) This section, any provisions of this Act which confer any power to make regulations (including any provision conferring such a power by way of amendment of another Act) and any provisions of this Act relating to the exercise of any such power shall come into operation on the passing of this Act; but no regulations shall be made in pursuance of any such provisions so as to come into operation before 1st January 1965.

§ (3) Any reference in this Act, and (notwithstanding anything in section 36 of the Interpretation Act 1889) any reference in any Act passed after the passing of this Act, to the commencement of this Act shall be construed as a reference to 1st January 1965.

§ (4) The preceding provisions of this section shall have effect without prejudice to the generality of section 37 of the Interpretation Act 1889 (which relates to the exercise of statutory powers between the passing and the commencement of an Act).")

§ Clause 34, page 32, line 23, leave out subsection (4)

§ Clause 34, page 32,line 31, leave out subsection (7).

§ Schedule 1, page 33, line 23, at end insert— ("(2) In accordance with the preceding subparagraph {and without prejudice to the generality thereof) in section 4(1) of this Act the reference to a document which, if executed by or on behalf of another person as owner of the goods to which it relates, would constitute a hire-purchase agreement to which the principal Act applies shall be construed as including a reference to a document which, if executed by or on behalf of another person as seller of the goods to which it relates, would constitute such a conditional sale agreement as is mentioned in section 18(3) of this Act.")

§ Schedule 1, page 33,line 25, after ("bailment") insert ("and in section (Notice of hirer's default) of this Act the words 'or the bailment of the goods' in subsections (2) and (5) and the words 'or the bailment' in the second place where they occur in subsection (5)")

§ Schedule 1, page 33,line 35, leave out from ("Where") to end of line 40 and insert ("goods have been sold under a conditional sale agreement and the property in the goods, having become vested in the buyer, is transferred to a person who does not become the buyer under the agreement, the buyer shall no longer be entitled to determine the agreement under section 4 of the principal Act.

§ (2) Subject to the preceding sub-paragraph, where a buyer under a conditional sale agreement determines the agreement under section 4 of the principal Act after the property in the goods has become vested in him, the property in the goods shall thereupon vest in the person (in this sub-paragraph referred to as 'the previous owner') in whom it was vested immediately before it became vested in the buyer")

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§ Schedule 1, page 33, line 46, at end insert— (" 6.—(1) The definitions of 'buyer' and 'seller' in section 21(1) of the principal Act shall not apply to conditional sale agreements.

§ (2) In this Part of this Schedule— (a) 'buyer', in relation to a conditional sale agreement means the person who agrees to purchase goods under the agreement and includes a person to whom the rights or liabilities of that person under the agreement have passed by assignment or by operation of law;

§ 'seller', in relation to a conditional sale agreement, means the person who agrees to sell goods under the agreement and includes a person (other than the buyer) to whom that person's property in the goods or any of that person's rights or liabilities under the agreement has passed by assignment or by operation of law.")

§ Schedule 1, page 34, line 4, leave out from ("means") to third ("of") in line 5 and insert ("a conditional sale agreement, as defined by subsection (5) of section 18 of this Act, in relation to which the provisions of Part I of this Act have effect in accordance with subsection (3)")

§ Schedule 1, page 34, line 6, at end insert ("and 'buyer' and 'seller' have the meanings assigned to them by paragraph 6 of this Schedule")

§ Schedule 1, page 34, line 13, at end insert— ("8A.—(1) Section 11(1)(c) of the Sale of Goods Act 1893 (whereby in certain circumstances a breach of a condition in a contract of sale is to be treated only as a breach of warranty) shall not apply to a conditional sale agreement.

§ (2) A breach of a condition (whether express or implied) to be fulfilled by the seller under a conditional sale agreement shall be treated as a breach of warranty, and not as grounds for rejecting the goods and treating the agreement as repudiated, if (but only if) it would have fallen to be so treated had the condition been contained or implied in a corresponding hire-purchase agreement as a condition to be fulfilled by the owner.

§ (3) In this paragraph 'corresponding hire-purchase agreement' means a hire-purchase agreement relating to the same goods as the conditional sale agreement and made between the same parties and at the same time and in the same circumstances and, as nearly as may be, in the same terms as the conditional sale agreement.")

§ Schedule 1, page 34, line 21, at end insert ("as well as a reference to payments in respect of two or more conditional sale agreements")

§ Schedule 1, page 34, line 29, at end insert ("or both are conditional sale agreements")

§ Schedule 2, page 35, line 8, after ("1938") insert— ("(a)")

§ Schedule 2, page 35, line 10, leave out ("and") and insert— ("(b) at the end of subsection (1) there shall be added the words:—

§ 'Provided that nothing in this subsection shall be taken to confer on an owner any 855 right to recover, otherwise than by action, possession of any goods let under a hire-purchase agreement where one-third of the hire-purchase price has not been paid or tendered as aforesaid'; and (c)")

§ Schedule 2, page 35, line 12, leave out from ("1938") to ("for") in line 14, and insert— ("(a) for subsection (1) there shall be substituted the following subsections— '(1) The following provisions of this section shall apply, in a case to which the last foregoing section applies, where the owner commences an action to enforce a right to recover possession of any of the goods from the hirer after one-third of the hire-purchase price has been paid or tendered as aforesaid. (1A) After such an action has been commenced the owner shall not take any steps to enforce payment of any sum due under the hire-purchase agreement or under any contract of guarantee relating thereto, except by claiming the said sum in the said action'; and (b).")

§ Schedule 2, page 35, line 23, after ("Act") insert ("and the words 'and in subsection (1) of section (Jurisdiction of County Court) of the Hire-Purchase Act 1964'")

§ Schedule 2, page 35, line 26, leave out from beginning to ("which") in line 28 and insert— ("19A.—(1) Subject to the following provisions of this section, where goods have been let under a hire-purchase agreement to which this Act applies and the owner brings or institutes an action to enforce a right to recover possession of any of the goods from the hirer, the action shall be brought or instituted in the sheriff court for the district in which the hirer resides or carries on business or resided or carried on business at the date on which he last made a payment under the hire-purchase agreement.

§ (2) No cause, action or proceeding on or arising out of any hire-purchase agreement to which this Act applies or credit-sale agreement to which this Act applies.")

§ Schedule 2, page 36, line 4, at end insert— ("13. In the Schedule to the Act of 1938—

(a) in the second paragraph 1, the words from the beginning to 'has been paid, then]' shall be omitted; and
(b) in the second paragraph 2, after the word 'If', in the first place where it occurs, there shall be inserted the words '^*[after (here insert an amount calculated in accordance with the provisions of sections 11 and 19 of this Act) has been paid]'; and after the word 'court', in the second place where it occurs, there shall be inserted the words '(under powers conferred by the Hire-Purchase (Scotland) Acts 1938 to 1964)'.")

§ Schedule 2, page 35, line 25, after ("which") insert ("on being signed as mentioned in subsection (2)(a) of this section")

§ Schedule 2, page 35,line 30, leave out from first ("the") to first ("in") in line 31 and insert ("location of those words")

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§ Schedule 2, page 35,line 32, at end insert ("and may prescribe such other requirements (whether as to type, size, colour or disposition of lettering or otherwise) as the Board may consider appropriate for securing that the words come to the attention of the hirer at the time when he is about to sign the document")

§ Schedule 2, page 35,line 44, leave out ("£20") and insert ("£30")

§ Schedule 2, page 35, line 47, after ("reference") insert ("to paragraph (a) or")

§ Schedule 2, page 35, line 48, after ("reference") insert ("to paragraph (a) or, as the case may be,")

§ Schedule page 39, line 28, leave out ("immediately before or")

§ Schedule 2, line 31, at end insert ("the agreement having been signed by or on behalf of all other parties before it is signed by the hirer, that copy is delivered to him immediately after he signs the agreement, or")

§ Schedule 2, page 40, line 2, after ("which") insert ("on being signed as mentioned in subsection (2)(a) of this section")

§ Schedule 2, page 35, line 6, leave out from ("the") to ("in") in line 7 and insert ("location of those words")

§ Schedule 2, page 35, line 8, at end insert ("and may prescribe such other requirements (whether as to type, size, colour or disposition of lettering or otherwise) as the Board may consider appropriate for securing that the words come to the attention of the hirer at the time when he is about to sign the document")

§ Schedule 2, page 35, line 17, leave out ("£20") and insert ("£30")

§ Schedule 2, page 35, line 33, leave out ("£20") and insert ("£30")

§ Schedule 2, page 41, line 10, leave out ("immediately before or")

§ Schedule 2, page 35, line 11, leave out ("a") and insert ("the")

§ Schedule 2, page 35, line 13, at end insert ("the agreement having been signed by or on behalf of all other parties before it is signed by the buyer, that copy is delivered to him immediately after he signs the agreement, or")

§ Schedule 2, page 35, line 35, leave out ("£20") and insert ("£30")

§ Schedule 2, page 35, line 38, after ("reference") insert ("to paragraph (a) or")

§ Schedule 2, page 35, line 39, after ("reference") insert ("to paragraph (a) or, as the case may be,")

§ Schedule 2, page 35, line 51, at end insert— ("Provided that, if the court is satisfied in any action that a sum less than the amount by which one-half of the hire-purchase price exceeds the total of the sums paid and the sums due in respect of the hire-purchase price immediately before the termination would be equal to the loss sustained by the owner in consequence of the termination of the agreement by the hirer, the court may make an order for the payment of that sum in lieu of that amount.")

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§ Schedule 2, page 42, line 27, leave out from ("is") to ("or") in line 30 and insert ("(apart from any liability which has accrued before the termination) subject to a liability to pay an amount which exceeds whichever is the lesser of the two following amounts, that is to say, the amount first mentioned in section 4(1) of this Act and an amount equal to the loss sustained by the owner in consequence of the termination of the agreement,")

§ Schedule 2, page 43, line 1, leave out ("£20") and insert ("£30")

§ Schedule 2, page 44, leave out lines 9 to 12 and insert:— ("(2) Where the hirer, whether expressly or by implication,—

(a) has made known to the owner, or to a servant or agent of the owner, the particular purpose for which the goods are required, or
(b) in the course of any antecedent negotiations has made that purpose known to any other person by whom those negotiations were conducted, or to a servant or agent of such a person,

there shall be an implied stipulation that the goods shall be reasonably fit for that purpose.

§ Section 20(2) of the Hire-Purchase Act 1964 shall apply for the purposes of this subsection as it applies for the purposes of Part I of that Act.")

§ Schedule 2, page 45, line 18, after ("of") insert ("any of")

§ Schedule 2, page 45, line 19, at end insert ("Provided that nothing in this subsection shall be taken to confer on an owner any right to recover, otherwise than by action, possession of any goods let under a hire-purchase agreement where one-third of the hire-purchase price has not been paid or tendered as aforesaid.")

§ Schedule 2, page 45, leave out lines 33 to 44 and insert— ("12.—(1) The following provisions of this section shall apply, in a case to which the last foregoing section applies, where the owner commences an action to enforce a right to recover possession of any of the goods from the hirer after one-third of the hire-purchase price has been paid or tendered as aforesaid.

§ (1A) After such an action has been commenced the owner shall not take any steps to enforce payment of any sum due under the hire-purchase agreement, or under any contract of guarantee relating thereto, except by claiming the said sum in the said action.")

§ Schedule 2, page 49, line 9, leave out ("comprising those goods") and insert ("relating to the whole or any part of those goods (with or without other goods)")

§ Schedule 2, page 49, line 11, leave out ("from the commencement thereof") and insert ("if in section 11(1) of this Act the words from 'and one-third' to 'any guarantor' and in section 12(1) of this Act the words 'after one-third of the hire-purchase price has been paid or tendered as aforesaid', were omitted")

§ Schedule 2, page 49, line 32, leave out from beginning to ("which") in line 33 and insert— 858 ("19A.—(1) Subject to the following provisions of this section, where goods have been let under a hire-purchase agreement to which this Act applies and the owner brings or institutes an action to enforce a right to recover possession of any of the goods from the hirer, the action shall be brought or instituted in the sheriff court for the district in which the hirer resides or carries on business or resided or carried on business at the date on which he last made a payment under the hire-purchase agreement.

§ (2) No cause, action or proceeding on or arising out of any hire-purchase agreement to which this Act applies or credit-sale agreement to which this Act applies.")

§ Schedule 2, page 51, line 29, after ("Act") insert ("apart from the proviso to subsection (1) of section 4")

§ at end insert ("unless the court determines that a smaller sum would be equal to the owner's loss.")

§ Schedule 2, page 51, line 29, leave out lines 39 and 40.

§ Schedule 2, page 52, line 1, after ("If") insert ("^*[after (here insert an amount calculated in accordance with the provisions of sections 11 and 19 of this Act) has been paid]")

§ Schedule 2, page 52, line 2, after first ("court") insert ("(under powers conferred by the Hire-Purchase (Scotland) Acts 1938 to 1964)")

§ Schedule 4, page 53, line 21, leave out ("twenty") and insert ("thirty")

§ Schedule 4, page 52, line 32, at end insert—

§ ("In section 5, in paragraph (c) for the words from 'subject to a liability' to the end of the paragraph there shall be substituted the words '(apart from any liability which has accrued before the termination) subject to a liability to pay an amount which exceeds whichever is the lesser of the two following amounts, that is to say, the amount first mentioned in section 4(1) of this Act and an amount equal to the loss sustained by the owner in consequence of the termination of the agreement or bailment'.")

§ Schedule 2, page 52, line 40, leave out ("twenty") and insert ("thirty")

§ Schedule 2, page 52, line 46, at end insert ("In section 11(1), after the words 'possession of' there shall be inserted the words 'any of'")

§ Schedule 2, page 52, line 46, at end insert— ("in section 15, for the words 'comprising those goods' there shall be substituted the words 'relating to the whole or any part of those goods (with or without other goods)', and for the words 'as from the commencement thereof' there shall be substituted the words 'as if in section 11(1) of this Act the words from "and one-third" to "any guarantor", and in section 12(1) of this Act the words "after one-third of the hire-purchase price has been paid or tendered as aforesaid", were omitted'.")

§ Schedule 2, page 52, line 50, at end insert ("after the words 'section twelve of this Act' there shall be inserted the words 'or section 859 (Jurisdiction of County Court) of the Hire-Purchase Act 1964', and after the words 'the said section' there shall be inserted the words 'twelve or section (Jurisdiction of County Court),as the case may be'")

§ Schedule 2, page 52, line 52, at end insert— ("In section 19(1), after the words 'this Act', in the third place where they occur, there shall be inserted the words 'and in subsection (1) of section (Jurisdiction of County Court) of the Hire-Purchase Act 1964'.")

§ Schedule 2, page 54, line 13, at end insert— ("In the Schedule, in the first paragraph 2, after the word 'Act', there shall be inserted the words 'apart from the proviso to subsection (1) of section four', and at the end there shall be added the words 'unless the court determines that a smaller sum would be equal to the owner's loss'.")

§ Schedule 2, page 54, line 13,leave out lines 19 to 26

§ Schedule 6, Page 56, line 23, at end insert— ("(a) Section (Notice of hirer's default) except in relation to a default committed before the commencement of this Act")

§ Schedule 6, Page 56, line 26, after ("16") insert ("and section (Jurisdiction of County Court)")

§ Schedule 6, Page 56, line 42, leave out from ("the") to end of line and insert ("coming into operation of that Order.

§ (2) In relation to any such agreement as is mentioned in the preceding sub-paragraph, whether made before, on or after the date on which the Order comes into operation,— (a) section (Notice of hirer's default) of this Act shall apply, except in the case of a default committed before that date.")

§ Schedule 6, Page 56, line 45, after ("16") insert ("and section (Jurisdiction of County Court)")

§ Schedule 7, page 58, line 1, leave out ("and 15") and insert ("15 and 19A(1)")

§ Schedule 7, page 58, line 5, at end insert ("(e) Section (Notice of hirer's default) of this Act except in relation to a default committed before the commencement of this Act")

§ Schedule 7, page 58, line 11, after first ("Act") insert ("section 21(4) of this Act,")

§ Schedule 7, page 58, line 31, leave out ("and 15") and insert ("15 and 19A(1)")

§ Schedule 7, page 58, line 35, at end insert ("(e) section (Notice of hirer's default) of this Act, except in relation to a default committed before the date on which that order comes into operation")

§ line 41, at end, insert— ("(2) The preceding sub-paragraph shall apply to any such agreement as is therein mentioned, whether the agreement was made before, on or after the date on which the Order comes into operation.")

§ LORD DRUMALBYN
My Lords, I beg to move that the House doth agree with the Commons in the said Amendments.

860

§ Moved, That the House doth agree with the Commons in the said Amendments.—(Lord Drumalbyn.)

§ On Question, Motion agreed to.