HL Deb 02 July 1990 vol 520 cc1930-3

5.15 p.m.

Baroness Ewart-Biggs

My Lords, I beg to move that the Bill be now further considered on Report.

Moved, That the Bill be further considered on Report.—(Baroness Ewart-Biggs).

On Question, Motion agreed to.

Clause 1 [The Consumer Guarantee]:

Baroness Ewart-Biggs moved Amendment No. 1:

Page 1, line 7, after ("guarantee") insert ("given in relation to a specified product,").

The noble Baroness said: My Lords, I beg to move Amendment No. 1. As noble Lords will recall, I spoke to it during the earlier Report stage. I therefore do not wish to take up the time of your Lordships.

On Question, amendment agreed to.

Baroness Ewart-Biggs moved Amendments Nos. 2 to 5:

Page 2, line 9, after ("of") insert ("additional").

Page 2, line 9, after "charge" insert ("other than a charge made in accordance with paragraph (g) or (h) below,").

Page 3, line 5, at end insert: ("(2) In this section, a specified product means a product which is specified for the purposes of this section in regulations made by the Secretary of State. (3) The Secretary of State shall not make regulations by virtue of this section except in relation to products which are ordinarily supplied for private use or consumption. (4) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power —

  1. (a) to make different provision for different cases; and
  2. (b) to make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.".

Page 3, line 5, at end insert: ("(2) Nothing in this section requires the guarantor to collect any product from, or return any product or replacement product to, any place outside the United Kingdom. (3) Where the consumer who seeks to rely on a Consumer Guarantee is resident outside the United Kingdom, he may in his notice under section 1(j) above nominate an address in the United Kingdom from which the product in question is to be collected by the guarantor, and to which it or any replacement is to be returned.").

On Question, amendments agreed to.

Clause 3 [Enforceability of guarantees]:

Baroness Ewart-Biggs moved Amendments Nos. 6 and 7:

Page 3, line 18, leave out from ("period") to end of line 20, and insert ("indicated, as if those terms constituted a contract between the guarantor and the consumer.").

Page 3, line 20, at end insert: ("( ) The proper law of such a contract shall be deemed to be that of part of the United Kingdom in which the product was first supplied to a consumer.").

The noble Baroness said: My Lords, I have already spoken to these amendments. I beg to move.

On Question, amendments agreed to.

[Amendment No. 8 not moved.]

Baroness Ewart-Biggs moved Amendments Nos. 9 and 10:

After Clause 3, insert the following new clause:

("Choice of Consumer Guarantees

.—(1) Where a product is covered by two Consumer Guarantees, one given by the producer and the other by the supplier, a consumer may invoke only one of them, but he may choose which. (2) A consumer who has invoked one Consumer Guarantee may not then invoke the other even where he releases the guarantor under the first Consumer Guarantee from discharging any obligation under that Guarantee.").

After Clause 3, insert the following new clause:

("Title and Consumer Guarantee

.—(1) Subject to the following provisions of this section, the title to a product shall not be affected by anything done to or with it pursuant to a Consumer Guarantee covering the product. (2) Where, pursuant to a Consumer Guarantee, the guarantor replaced a product—

  1. (a) the title to the replaced product shall vest in the guarantor when the consumer receives the replacement, and
  2. (b) any person who immediately before that time had any title to the replaced product shall at that time have vested in him the corresponding title to the replacement product.
(3) Where any title to a replacement product is substituted for title to the replaced product by virtue of subsection (2)(b) above, references to the replaced product in any insurance policy or other document shall be treated as including references to the replacement product. (4) Nothing in this section requires a person who had agreed to buy or otherwise acquire the replaced product, to buy or acquire the replacement product instead.").

On Question, amendments agreed to,

Clause 4 [Power to make regulations]:

Baroness Ewart-Biggs moved Amendments Nos. 11 and 12:

Page 4, line 3, leave out ("increase") and insert ("change").

Page 4, line 3, leave out from ("of') to ("the") in line 4.

On Question, amendments agreed to.

Clause 5 [Definitions]:

Baroness Ewart-Biggs moved Amendment No. 13:

Page 4, line 42, after ("1987") insert ("where that person is domiciled in the United Kingdom by virtue of any provision of the Civil Jurisdiction and Judgments Act 1982").

On Question, amendment agreed to.

Clause 7 [Acceptance of goods and opportunity to examine them]

Baroness Ewart-Biggs moved Amendment No. 14:

Page 6, line 24, leave out subsection (5) and insert: ("(5) Where the buyer deals as a customer or (in Scotland) the contract is a consumer contract, the buyer is not deemed to have accepted the goods for the purposes of subsection (4) above until he has had a reasonable opportunity of examining them for the purpose mentioned in subsection (2) above.").

Viscount Ullswater

My Lords, I believe that on the previous occasion the noble Baroness moved Amendments Nos. 9 to 13 and 15 and 16, excluding Amendment No. 14. Has that been changed?

Baroness Ewart-Biggs

My Lords, we considered Amendment No. 14 in Committee. The point at issue is whether the House agrees that there are circumstances where a consumer should lose his right to a refund under the Sale of Goods Act 1979 even before he has had a reasonable opportunity to examine the goods. The Minister responded to this at Committee stage. I am moving it once again because I cannot think of any good reason why a consumer should lose the right to a refund even before he has had a fair chance to see whether the product works satisfactorily. I beg to move.

Lord Denham

My Lords, Amendments Nos. 1 to 7 are already in the Bill. Amendment No. 8 was not moved. The noble Baroness moved Amendments Nos. 9 to the end en bloc. The Question that has been put is that Amendments Nos. 9 to 16 at the end of the Marshalled List be agreed to en bloc.

On Question, amendment agreed to.

Clause 13 [Short title, commencement and extent]:

Baroness Ewart-Biggs moved Amendments Nos. 15 and 16:

Page 9, line 25, leave out subsections (2) and (3) and insert: ("(2) Part I of this Act shall come into force on the day when regulations are made for the first time under section 1(4) above. (3) Part II of this Act shall come into force at the end of the period of two months beginning with the day on which it is passed.").

Page 9, line 36, leave out ("to Scotland but only Part I and this section apply").

The noble Baroness said: My Lords, I have spoken to these amendments on a previous occasion. I beg to move.

On Question, amendments agreed to.