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CONSUMER PROTECTION ACT (NORTHERN IRELAND) 1965 - SECT 2

Prohibition on sale etc., of goods not complying with regulations under section 1.

2.(1) Subject to the provisions of this section, no person shall sell, or have
in his possession for the purpose of selling, any goods as respects which or a
component part of which any requirements of regulations under section 1 are in
force unless all the requirements of the regulations relating to the goods or
component part are duly observed.

(2) Subject to the provisions of this section, no person shall sell, or have
in his possession for the purpose of selling, a component part made or
supplied for the purpose of being embodied in, but not embodied in, any goods
as respects which any requirements of regulations under section 1 are in
force, being a component part such that if it were embodied in the goods any
requirement of the regulations applicable to the goods would be contravened.

(3) The foregoing provisions of this section shall not apply to a person

(a)where he is selling, or as the case may be is in possession of the goods or
component parts, otherwise than in the course of a business, or is acting as
agent, or as servant of the agent, of a person who was not acting in the
course of a business in entrusting the goods or component parts to an agent;
or

(b)where he reasonably believes that the goods or component parts will not be
used in Northern Ireland; or

(c)in the case of a sale under a credit sale agreement, if he has at no time
had possession of the goods or component parts and only became the owner
thereof at the time of entering into the agreement; or

(d)where he is selling, or as the case may be, is in possession for the
purpose of selling, the goods or component parts as scrap, that is to say for
the value of the materials of which the goods or parts are composed and not
for use as finished articles; or

(e)in the case of goods or component parts which have been damaged by, or in
consequence of, fire or flooding, where he is selling, or as the case may be,
is in possession for the purpose of selling, the goods or component parts to a
person who carries on a business of buying damaged goods and repairing or
reconditioning them for resale, or to a person by whom the goods or parts were
insured against damage.

(4) As respects any requirement relating to the manufacture of goods or a
component of goods, unless regulations under section 1 otherwise provide,
subsections (1) and (2) of this section shall not apply in relation to goods
or component parts manufactured before the imposition of the requirement, or
if it is so provided by such regulations shall not apply in relation to such
goods or component parts until a prescribed date.

[(5) If as respects goods of any class or description regulations under
section 1 so provide, subsections (1) to (3) of this section (other than
paragraphs (d) and (e) of subsection (3)) shall apply, subject to subsection
(6), in relation to goods of that class or description as if references to
selling or to a sale included references to letting under a
hire-purchase agreement or on hire, and the reference to a sale under a
credit-sale agreement were a reference to letting under a
hire-purchase agreement.]

[(5) If as respects goods of any class or description regulations under
section 1 so provide, subsections (1) to (3) (other than subsections (3)(d)
and (e)) shall apply subject to subsection (6) in relation to goods of that
class or description as if

(a)references to selling or to a sale included references to

<(i)bailing under a hire-purchase agreement, or


(ii)bailing under a hire agreement, or

(iii)an agreement to sell under a conditional sale agreement; and

(b)the reference to a sale under a credit-sale agreement were a reference

<(i)to a bailment under a hire-purchase agreement, or


(ii)to an agreement to sell under a conditional sale agreement.

[(6) Subsections (1) and (2) of this section shall not apply

(a)in the case of letting on hire, where the letting is incidental to the
letting of premises;

(b)in the case of possession for the purpose of letting on hire, where
possession is for the purpose of a letting which is to be incidental to the
letting of premises;

(c)in any case of letting, where the letting was lawful at the time when it
began.]

[(6) Subsections (1) and (2) shall not apply

(a)in a case of bailment under a hire agreement, where the bailment is
incidental to an agreement under which payments are to be made in the form of
rent issuing out of land;

(b)in a case of possession for the purpose of bailment under a hire agreement,
where possession is for the purpose of a bailment which is incidental to an
agreement under which payments are to be made in the form of rent issuing out
of land;

(c)in any case of bailment under a hire agreement, where the bailment was
lawful at the time when it began.]

© 1965 Crown Copyright

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