HL Deb 25 July 1974 vol 353 cc1918-9


49.—(1) In the case of an agreement—

  1. (a) which was made before the day appointed for the purposes of paragraph 17, and
  2. (b) to which (by virtue of paragraph 17(2)) section 78(4) applies,

section 185(2) shall have effect as respects a notice given before that day in relation to the agreement (whether given before or after the passing of this Act) as it would have effect if section 78(4) had been in operation when the notice was given.

(2) Paragraph (1) applies to an agreement made on or after the day appointed for the purposes of paragraph 17 to provide credit on a current account opened before that day as it applies to an agreement made before that day.

50. In section 189, the definition of "local authority" shall have effect in relation to matters arising before 16th May 1975 as if for the words "regional, islands or district council" there were substituted "a county council or town council".'

Schedule 4, page 148, line 7, at end insert—

'("Fair Trading Act 1973

36A. For section 138(5) substitute—

(5) In subsection (4) of this section, the following expressions have the meanings given by, or referred to in, section 189 of the Consumer Credit Act 1974

"antecedent negotiations",

"conditional sale agreement",

"credit-sale agreement",

"hire-purchase agreement".")'.

Page 149, line 43, leave out from 'the' to end of line 44 and insert 'insertion after "High Court" of the words "or county court".'.

Schedule 5, page 160, line 22, after 'words', insert '"or a pawnbroker" and'.

Schedule 5, page 160,line 32, leave out 'The'.

Schedule 5, page 160,page 161, line 43, leave out first 'The *.

Schedule 5, page 160,page 162, line 2, leave out 'The'.

Schedule 5, page 160,line 39, leave out first 'The'.


My Lords, I have now only to deal with Schedules 1 to 5. Practically all the Amendments to the Schedules are of a drafting or consequential nature. I need only draw attention to the deletion of Schedule 3 and the substitution of a new Schedule. This makes provision for the transitional and commencement provisions, and reflects later discussions between the Department and the industry about these matters. The Schedule now reflects what is practical, it gives flexibility and yet provides the minimum degree of retrospection necessary to achieve adequate consumer protection. In conclusion, I am personally impressed by the way in which the Bill has been improved and I hope that the House generally will be so impressed. Many of the improvements arose from issues first raised in this House. I am sure that noble Lords in all parts of the House will join me in expressing pleasure that what was said in this House has not gone unheeded. I beg to move that this House doth agree with the Commons in their Amendments Nos. 230 to 250.

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


My Lords, I should like to thank the noble Lord, Lord Jacques, for getting through 250 Amendments extremely swiftly and very comprehensively. As he said, on a number of occasions an Amendment was introduced as a result of some point which had been raised in this House originally. I have not thanked him on each occasion, but all my noble friends are extremely grateful to him. The fact that there have been so many Amendments is due to the fact that the noble Lord and his noble friends have listened to outside organisations of one kind and another. I think the Bill has been very much improved as a result of the consultations that have taken place in the course of its passage through both Houses.

On Question, Motion agreed to.