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Scope Of Part Ii

Volume 931: debated on Friday 6 May 1977

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I beg to move amendment No. 20, in page 7, line 35, leave out paragraph (d).

With this we may take Government Amendments Nos. 21, 22, 24, 25 and 26.

This amendment and the others to be taken with it are essentially drafting amendments in the interests of logic and clarity. Their primary object is to take paragraph (d) out of subsection (1) of Clause 14 and to put it into subsection (2).

Subsection (1) delineates the general scope of Part II of the Bill. Subsection (2) is intended to qualify or restrict that generality in particular areas. As contracts covered by paragraphs (a), (b) and(c) in subsection (1) already include those mentioned in paragraph (d), and (d) is essentially qualifying the generality of subsection (1) in relation to marine contracts, it is proper that they should be listed in subsection (2). In the last two lines of the substituted paragraph the opportunity is taken to underwrite the consumer preference situation of consumer contracts.

The reason for the limited application of Clauses 15 to 17 to these maritime contracts is to safeguard existing arrangements in the commercial maritime field while ensuring that there is adequate protection for the consumer. I hope that the House will approve the amendments.

Amendment agreed to.

Amendments made: No. 21, in page 8, line 6, after 17', insert ( a)'.

No. 22, in page 8, line 8, leave out ( a)' and insert (i)'.—[ The Lord Advocate.]

I beg to move Amendment No. 23, in page 8, line 10, leave out paragraph (b).

Clause 14(2)(b) provides that the provisions of Clauses 15 to 17 would be excluded from contracts by statutory enactments only where the latter expressly regulate the terms of the contract. In this way the objects of Part II, which covers Scotland, are protected against unintentional statutory encroachments. In Part III, which covers the United Kingdom, Clause 27(1) has a different wording but achieves the same result. Therefore, paragraph (b) generally is unnecessary. It is preferable to have the provision relating to statutory interpretation in the United Kingdom application part of the Bill where the same provisions can apply to United Kingdom statutes of Clause 14. I commend the amendment to the House.

Amendment agreed to.

Amendments made No. 24, in page 8, line 15, leave out ( c)' and insert (ii)

No. 25, in page 8, line 17, leave out ( d)' and insert (iii)'

No. 26, in page 8, line 18, at end insert:

(b) apply to—
a contract of marine salvage or towage; a charterparty of a ship or hovercraft; or a contract for the carriage of goods by ship or hovercraft,
only to the extent that—
  • (i)both parties deal or hold themselves out as dealing in the course of a business (and then only in so far as the contract purports to exclude or restrict liability for breach of duty in respect of death or personal injury); or
  • (ii)the contract is a consumer contract (and then only in favour of the consumer)'.—[The Lord Advocate.]