HL Deb 25 July 1974 vol 353 cc1900-3

[Nos. 141 to 761]

Clause 129, page 65, line 24, leave out from 'court' to first 'it' and insert 'shall dismiss the application if, but (subject to subsections (3) and (4)) only if'.

Clause 129, page 65,line 31, leave out 'under any provision mentioned in subsection (1)'.

Clause 130, page 66, line 13, leave out from 'shall' to 'the' in line 15 and insert 'make an order under section 86(2) if, but only if,'.

leave out lines 16 to 19 and insert 'satisfy himself that the present and future obligations of the debtor or hirer under the agreement are likely to be discharged'.

Clause 131, page 66, leave out lines 39 and 40 and insert—

'(b) the remedying by the debtor or hirer of any breach of a regulated agreement (other than non-payment of money) within such period as the court may specify.'.

Clause 132, page 67, line 5, leave out from '131(2)(a) to end of line 6 and insert 'giving effect to the offer without hearing evidence of means'.

leave out lines 24 to 26 and insert—

'(5) Without prejudice to anything done by the creditor or owner before the commencement of the period specified in a time order made under section 131(2)(b) ("the relevant period"),—

(a) he shall not while the relevant period subsists take in relation to the agreement any action such as is mentioned in section 87(1);

(b) where—

(i) a provision of the agreement ("the secondary provision") becomes operative only on breach of another provision of the agreement ("the primary provision"), and

(ii) the time order provides for the remedying of such a breach of the primary provision within the relevant period,

he shall not treat the secondary provision as operative before the end of that period;

(c)if while the relevant period subsists the breach to which the order relates is remedied it shall be treated as not having occurred.'.

Clause 135, page 68, line 12, leave out from '(1)' to end of line 16 and insert 'If, in relation to a regulated hire-purchase or conditional sale agreement, it appears to the court just to do so—

(a) on an application for an enforcement order or time order; or

(b) in an action brought by the creditor to recover possession of goods to which the agreement relates, the court may'.

Clause 135, page 68,line 23, leave out from 'goods' to end of line 24.

Clause 135, page 68,line 36, leave out 'debtor may select' and insert 'court thinks just'.

leave out lines 40 to 43.

Clause 135,page 69, line 6, leave out 'an instalment order' and insert 'a time order'.

Clause 135,page 69,line 10, at end insert:

'(7) If, in contravention of a return order or transfer order, any goods to which the order relates are not returned to the creditor, on the application of the creditor, may—

(a) revoke so much of the order as relates to those goods, and

(b) order the debtor to pay the creditor the unpaid portion of so much of the total price as is referable to those goods.

(8) For the purposes of this section, the part of the total price referable to any goods is the part assigned to those goods by the agreement or (if no such assignment is made) the part determined by the court to be reasonable'.

Clause 136, page 69, line 13, after 'creditor', insert 'or owner'.

Clause 136, page 69,line 16, after 'debtor', insert 'or hirer'.

Clause 136, page 69,line 22, after 'debtor', insert 'or hirer'.

Clause 136, page 69,line 23, after 'creditor', insert 'or owner'.

Clause 136, page 69,line 24, after 'debtor' insert 'or hirer'.

Clause 136, page 69,line 25, after 'creditor', insert 'or owner'.

Clause 136, page 69,line 26, after 'debtor', insert 'or hirer'.

Clause 136, page 69,line 27, after 'debtor's', insert 'or hirer's'.

Clause 137, page 70, line 2, at end insert—

'("'(1A) The court shall not suspend the operation of a term requiring the delivery up of goods by any person unless satisfied that the goods are in his possession or control.")'.

Clause 141, page 71, line 26, leave out 'in the county court or sheriff court'.

Clause 141,page 72, line 13, after '(5)' insert 'In England and Wales'.

leave out lines 23 to 25 and insert—

'(7) In Northern Ireland an application under subsection (1)(a) may be brought in the county court in the case of—

(a) a regulated agreement, or

(b) an agreement (not being a regulated agreement) under which the creditor provides the debtor with fixed-sum credit not exceeding £300 or running-account credit on which the credit limit does not exceed £300.'.

Clause 143, page 72, line 32, after '(1)', insert 'In England and Wales'.

leave out from beginning of line 38 to 'shall' in line 4 on page 73 and insert 'and such an action'.

page 73, line 7, leave out 'subsection (1)' and insert 'This Act'.

Clause 143, page 73,line 14, leave out 'or application'.

Clause 143, page 73,line 15, leave out 'or application'.

Clause 143, page 73,line 15, at end insert:

'(3A) In Northern Ireland the county court shall have jurisdiction to hear and determine any action or application falling within subsection (1).'.

Clause 144, page 73, line 26, leave out 'the debtor or hirer, or any surety' and insert 'an interested party'.

Clause 143, page 73,line 32, leave out from beginning to end of line 36 and insert—

'(2) Where—

(a) a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(1A), or

(b) a regulated agreement is terminated under section 91, and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect'.

Clause 145, page 73, line 42, leave out '143(1)' and insert '143(3A)'.

Clause 145,page 74, line 1, after 'hirer', insert 'in the county court'.

Clause 145,page 74, leave out from beginning of line 6 to first 'in' in line 9 and insert 'under section 131(1)(b), 134(1), 141(1)(a) or 144(1)(b) which is brought in the county court may be brought'.

LORD JACQUES

My Lords, Part IX of the Bill is concerned with the judicial issues. The Amendments are largely drafting or consequential, or are by way of simplification. There is, however, one Amendment which I should particularly mention. The Amendment to Clause 135 substitutes the words, "court thinks just" for the words "debtor may select", and is for the purpose of meeting an assurance given to the noble Viscount, Lord Colville of Culross during Committee stage in this House. I beg to move that this House doth agree with the Commons in their Amendments Nos. 141 to 176.

Moved, That this House doth agree with the Commons in the said Amend ments.—(Lord Jacques.)

On Question, Motion agreed to.