Clause 16. — (Avoidance of Certain Provisions Relating to Death of Hirer.)

Orders of the Day — HIRE-PURCHASE (No. 2) BILL [Lords] – in the House of Commons at 12:00 am on 24 June 1964.

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Photo of Sir David Price Sir David Price , Eastleigh 12:00, 24 June 1964

I beg to move, in page 15, line 32, to leave out from "of" to "agreement" in line 37 and insert: subsection (2) or (as the case may be) subsection (3) of this section shall have effect where goods are let under a hire-purchase agreement to which the principal Act applies, and that agreement, or any other agreement, provides that, on the occurrence of, or at a time to be ascertained by reference to, one or more events referred to in the provision in question,—(a) the hire-purchase". It might be convenient to take this Amendment with Amendments Nos. 16, 17, 18, 19. 20, 21 and 22, all of which are consequential on the Amendment in line 32.

Photo of Mr Robert Grimston Mr Robert Grimston , Westbury

If that is agreeable to the House, yes.

Photo of Sir David Price Sir David Price , Eastleigh

The House will recall the purpose of this Clause. The Molony Committee drew attention to the fact that provisions were being included in hire purchase agreements by which they would terminate if the hirer should die. It recommended that this practice should be stopped, and Clause 16 carries out its recommendation by making void any such provision in a hire purchase agreement.

However, it now seems to us that the provision in question might conceivably be included, not in the hire purchase agreement itself, but in some other agreement. The Amendment in line 32 will ensure that the intention of the Clause cannot be defeated in this way by use of a collateral agreement. The other Amendments are consequential.

Amendment agreed to.

Further Amendments made: In page 15, line 40, after "the", insert "hire-purchase".

In page 15, line 44, after "hirer", insert: "under the hire-purchase agreement".

In page 16, line 10, leave out from "where" to "contains" in line 11 and insert: goods are let under a hire-purchase agreement to which the principal Act applies, and that agreement, or any other agreement".

In page 16, line 12, after first "the", insert "hire-purchase".

In page 16, line 13, after "the", insert "hire-purchase".

In page 6, line 15, after first "the", insert "hire-purchase".

In page 16, line 16, after second "the", insert "hire-purchase".—[Mr. D. Price.]

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