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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 29

29.(1) Any provision to which this subsection applies shall be void.

(2) Subsection (1) applies to any provision in any agreement (whether a
hire-purchase agreement, credit-sale agreement or conditional sale agreement
or not)

(a)whereby an owner or seller, or any person acting on his behalf, is
authorised to enter upon any premises for the purpose of taking possession of
goods which have been let under a hire-purchase agreement or agreed to be sold
under a conditional sale agreement, or is relieved from liability for any such
entry, or

(b)whereby the right conferred by section 27 to terminate a
hire-purchase agreement or a conditional sale agreement is excluded or
restricted, or whereby any liability, in addition to the liability imposed by
section 28, is imposed on a hirer or buyer by reason of the termination of a
hire-purchase agreement or conditional sale agreement under section 27, or

(c)whereby a hirer or buyer, after the termination in any manner whatsoever of
a hire-purchase agreement or conditional sale agreement or (in the case of a
hire-purchase agreement) of the bailment, is (apart from any liability which
has accrued before the termination) subject to a liability to pay an amount
which exceeds whichever is the lesser of the two following amounts, that is to
say

(i)the amount mentioned in paragraph (a) or (as the casey may be) in paragraph
(b) of section 28(1), and

(ii)an amount equal to the loss sustained by the owner or seller in
consequence of the termination of the agreement or bailment, or

(d)whereby any person acting on behalf of an owner or seller in connection
with the formation or conclusion of a hire-purchase agreement,
credit-sale agreement or conditional sale agreement is treated as, or deemed
to be, the agent of the hirer or buyer, or

(e)whereby an owner or seller is relieved from liability for the acts or
defaults of any person acting on his behalf in connection with the formation
or conclusion of a hire-purchase agreement, credit-sale agreement or
conditional sale agreement.

(3) There shall also be void any provision in any agreement (whether a
hire-purchase agreement, credit-sale agreement or conditional sale agreement
or not)

(a)excluding or restricting the operation of any enactment contained in
sections 11 to 15 or the exercise of any right conferred by such an enactment
or imposing any liability in consequence of the exercise of such a right,
other than or in addition to any liability imposed by such an enactment, or

(b)excluding or restricting the operation of any enactment contained in
section 16 or section 31, or

Para.(c) rep. (with saving for agreements made before 18.5.1973) by 1973 c.13
s.18(4)

(4) Any contract, whether oral or in writing, which apart from this subsection
would have effect as a contract to enter into a hire-purchase agreement, a
credit-sale agreement or a conditional sale agreement (as distinct from a
contract constituting such an agreement) shall be void.

(5) Section 2(4) applies to subsections (2) and (3) of this section.

© 1966 Crown Copyright

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