§ 36 Page 5, line 2, at end insert 'but, subject to section 2 of this Act, an order under this subsection shall not prejudice the rights of any third party in relation to the non-per- 384 formance of any obligation under such hire purchase or conditional sale agreement'.
§ The Earl of MansfieldMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 36. This amendment ensures that a non-entitled spouse who is granted the use or possession of furniture and plenishings on hire purchase must keep up the payments. Otherwise the finance company may take possession of the articles in question. Clause 2 gives the non-entitled spouse the right to make such payments.
I can perhaps sum up the effect of this by saying that this provision brings the rights of third parties with an interest in movable properties into line with the rights of third parties with an interest in heritable property.
§ Moved, That this House doth agree with the Commons in the said amendment.—(The Earl of Mansfield.)
§ On Question, Motion agreed to.