§ [Nos. 93 to 114]
§ Clause 87, page 46, line 5, leave out 'this Part' and insert 'section 88'.
§ Clause 87, page 46,line 11, leave out 'of the debtor or hirer' and insert 'conferred on the debtor or hirer by the agreement'.
§ Clause 87, page 46,line 13, at end insert:
§ '(1A) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred and taking such steps as may be necessary to make the restriction or deferment effective'.
§ Clause 88, page 46, leave out lines 33 and 34.
§ Clause 88,page 47, line 1, after 'creditor', insert 'or owner'.
§ Clause 90, page 48, line 1, leave out from 'If' to end of line 5 and insert 'the later agreement is a modifying agreement, subsection (3) shall apply with the substitution, for the second reference to the later agreement of a reference to the modifying agreement'.
§ Clause 88,line 10, after 'apply', insert '(in relation to the possession of the goods)'.
§ Clause 94, page 49, line 5, after 'agreement', insert '(less any rebate allowable under section 96)'.
§ Clause 94, page 49,line 11, leave out Clause 95.
§ Clause 99, page 50, line 22, at end insert—
§ '(1A) Subsection (1) applies only where—
§ (a) a period for the duration of the agreement is specified in the agreement, and
§ (b) that period has not ended when the creditor or owner does an act mentioned in subsection (1),
§ but so applies notwithstanding that, under the agreement, any party is entitled to terminate it before the end of the period so specified'.
§ Clause 99, page 50,line 26, at end insert 'and taking such steps as may be necessary to make the restriction or deferment effective'.
§ Clause 100, page 50, line 39, at end insert—
§ '(2A) Subsection (1) does not apply to a conditional sale agreement relating to land after the title to the land has passed to the debtor'.
§ Clause 100, page 50,line 1, after 'agreement', insert 'relating to goods'.
§ Clause 100, page 50,line 2, leave out 'or land'.
§ Clause 100, page 50,line 7, after first 'agreement', insert 'relating to goods'.
§ Clause 100, page 50,line 8, leave out 'or land'.
§ Clause 100, page 50,line 9, leave out 'or land'.
§ Clause 102, page 53, line 6, leave out 'he' and insert 'the Director'.
§ Clause 102, page 53,line 7, at end insert:
1898§ '(9) In the case of a modifying agreement, subsection (3) shall apply with the substitution, for "the making of the agreement" of "the making of the original agreement".'
§ Clause 103, page 53, line 13, leave out 'creditor-broker' and insert 'credit-broker'.
§ Clause 104, page 53, line 31, at end insert—
§ '(iii) the agreement has ceased to have any operation and'.
§ Clause 104, page 53,line 38, leave out 'has no knowledge of any indebtedness of the customer' and insert 'asserts that the customer is not indebted to him'.
§ LORD JACQUESMy Lords, Part VII of the Bill is concerned with default and termination. There are a number of Amendments which are drafting Amendments and there are a number of clarifying Amendments. May I give an example. A new subsection is added to Clause 102 to make it clear how the hirer's right of termination after eighteen months is to apply in the case of an agreement which has been varied. It provides that the hirer's right under the modifying agreement shall continue to date from the making of the original agreement and not from the date of modification.
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 93 to 114.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Jacques.)
§ On Question, Motion agreed to.