HL Deb 25 July 1974 vol 353 cc1908-10

[Nos. 195 to 229]

Clause 175, page 89, line 34, after 'III', reports of Director)'.

Clause 175,line 35, leave out 'and.'

Clause 175,line 37, at end insert 'or.'

Clause 175,page 90, line 13, leave out Clause 177 and insert—

Service of documents

"—(1) A document to be served under this Act by one person ("the server") on another person ("the subject") is to be treated as properly served on the subject if dealt with as mentioned in the following subsections.

(2) The document may be delivered or sent by post to the subject, or addressed to him by name and left at his proper address.

(3) For the purposes of this Act, a document sent by post to, or left at, the address last known to the server as the address of a person shall be treated as sent by post to, or left at, his proper address.

(4) Where the document is to be served on the subject as being the person having any interest in land, and it is not practicable after reasonable inquiry to ascertain the subject's name or address, the document may be served by—

  1. (a) addressing it to the subject by the description of the person having that interest in the land (naming it), and
  2. (b) delivering the document to some responsible person on the land or affixing it, or a copy of it, in a conspicuous position on the land.

(5) Where a document to be served on the subject as being a debtor, hirer or surety, or as having any other capacity relevant for the purposes of this Act, is served at any time on another person who—

  1. (a) is the person last known to the server as having that capacity, but
  2. (b) before that time had ceased to have it, the document shall be treated as having been served at that time on the subject.

(6) Anything done to a document in relation to a person who (whether to the knowledge of the server or not) has died shall be treated for the purposes of subsection (5) as service of the document on that person if it would have been so treated had he not died.

(7) Neither of the following enactments (which provide for the vesting of the estate of an intestate in the Probate Judge) shall be construed as authorising service on the Probate Judge of any document which is to be served under this Act—

section 9 of the Administration of Estates Act 1925;

section 3 of the Administration of Estates Act (Northern Ireland) 1955.

(8) References in the preceding subsections to the serving of a document on a person include the giving of the document to that person.

Clause 181, page 92, line 40, leave out '(3)(b)'.

Clause 182, page 93, line 14, leave out "and (9)".

Clause 182, page 93,line 15, after '121(1)(a) insert '141(5) and (7)'.

Clause 182, page 93,line 18, leave out 'or 75(3)(b)', and insert '75(3)(b) or 145(5) or (7)'.

Clause 183, page 93, line 23, leave out '192(2)', and insert '192'.

Clause 183, page 93,line 27, after ("exercisable")', and insert ' "by the Secretary of State")'.

Clause 183, page 93,line 38, after '("conferred")', insert '("on the Secretary of State")'.

After Clause 183, insert the following new clause 'The Director may vary or revoke any determination or direction made or given by him under this Act (other than Part III, or Part III as applied by section 149)'.

Clause 184, page 94, line 11, leave out second 'the', and insert 'a'.

Clause 184, page 94,line 12, leave out 'the', and insert 'a'.

Clause 184, page 94,line 15, leave out 'the', and insert 'a'.

Clause 184, page 94,line 22, leave out 'the', and insert 'a'.

Clause 184, page 94,line 23, leave out 'the'.

Clause 185, page 95, line 12, at end insert:

'(3A) Where a regulated agreement has two or more debtors or hirers (not being a par-nership or an unincorporated body of persons), section 86 applies to the death of any of them'.

Clause 189, page 97, line 39, at end insert 'and includes a consumer credit agreement which is cancelled under section 69(1), or be-becomes subject to section 69(1A), so far as the agreement remains in force'.

Clause 189,page 98, line 19, leave out from 'Wales' to end of line 21 and insert 'the county court, in relation to Scotland the sheriff court and in relation to Northern Ireland the High Court or the county court'.

Clause 189,page 99, line 31, leave out 'has the meaning given by section 128(a)' and insert 'means an order under scetion 65(1), 106(6)(a) or (b), 122(2) or 125(1) or (2);'.

Clause 189,page 100, line 13, leave out 'subject to section 177'.

Clause 189,page 101, line 29, leave out' and "unlicensed" shall be construed accordingly'.

Clause 189,page 101,line 43, at end insert:

'"modifying agreement" has the meaning given by section 82(2)'.

Clause 189,page 104, line 25, at end insert '"unlicensed" means without a licence, but applies only in relation to acts for which a licence is required;'.

Clause 189,page 104,line 27, leave out '11(4)' and insert '11(1A)'.

Clause 189,page 104,line 39, at end insert 'This subsection does not apply to Scotland'.

Clause 191, page 105, line 27, after '(1)', insert—

'The Director may make arrangements with the Department of Commerce for Northern Ireland for the Department, on his behalf,—

  1. (a) to receive applications, notices and fees;
  2. (b) to maintain, and make available for inspection and copying copies of entries in the register; and
  3. (c) to provide certified copies of entries in the register,

to the extent that seems to him desirable for the convenience of persons in Northern Ireland.

(1A) The Director shall give general notice of any arrangements made under subsection (1).

(1B)'.

Clause 189,page 104,line 33, leave out '182' and insert '179'.

Clause 192, page 106, line 17, leave out 'Schedule 3' and insert 'subsection (4)'.

Clause 192,line 24, at end insert:

'(4) The Secretary of State shall by order made by statutory instrument provide for the coming into operation of the amendments contained in Schedule 4 and the repeals contained in Schedule 5, and those amendments and repeals shall have effect only as provided by an order so made'.

Clause 193, page 106, line 28, leave out subsection (3).

LORD JACQUES

My Lords, Part XII is supplementary. Most of the Amendments in this Part are consequential upon earlier Amendments mainly inserting or amending new definitions into Clause 189. Other Amendments seek only to clarify the position. I beg to move that this House doth agree with the Commons in their Amendments Nos. 195 to 229.

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

On Question, Motion agreed to.