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Amendment Of Enactments

Volume 931: debated on Friday 6 May 1977

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Amendment made: No. 43, in page 17, line 11, leave out from "substitute" to "Act" in line 12 and insert

"the provisions of the Unfair Contract Terms".—[Mr. Ward.]

I beg to move Amendment No. 44, in page 17, line 16, after '1973', insert

'(as originally enacted and as substituted by the Consumer Credit Act 1974)—
'(a) in section 14(1) for the words from "conditional sale" to the end substitute "a conditional sale agreement where the buyer deals as consumer within Part I of the Unfair Contract Terms Act 1977, or, in Scotland, the agreement is a consumer contract within Part II of that Act";
(b)'.

With this it will be convenient to take Amendments Nos. 49, 50 and 51.

The amendment is consequential. Section 14(1) of the 1973 Act refers to consumer sales. The term "consumer sale" in the 1973 Act is defined by reference to Section 55(7) of the Sale of Goods Act 1893, which is being repealed and re-enacted in the Bill. Hence the substitution for "consumer sale" of an agreement where the buyer deals as consumer within the meaning of the Bill.

The Consumer Credit Act 1974 reenacts certain sections of the Supply of Goods (Implied Terms) Act 1973. The amendment ensures that when the 1974 Act is brought into force the re-enactment of Sections 14(1) and 15(1) will incorporate the amendment made in the Bill.

Amendments Nos. 49 and 50 repeal parts of the Supply of Goods (Implied Terms) Act 1973 that are no longer needed. Amendment No. 51 ensures that when the 1974 Act is brought into force the re-enactments of Sections 12 and 15 will incorporate the repeals made in the Bill. The Consumer Credit Act 1974 re-enacts certain sections of the Supply of Goods (Implied Terms) Act 1973.

Amendment agreed to.