HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 39 Effect of postponed order.

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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 39

Effect of postponed order.

39.(1) At any time while the operation of an order for the specific delivery
of goods to the owner is postponed, the court

(a)may vary the conditions of the postponement, and make such further
modification of the agreement, and of any contract of guarantee relating
thereto, as the court considers necessary having regard to the variation of
the conditions of the postponement, or

(b)may revoke the postponement, or

(c)subject to section 37, may make an order for the specific delivery of a
part of the goods to the owner and for the transfer to the hirer of the
owner's title to the remainder of the goods.

(2) The powers of the court under subsection (1)(a) or (c) may be exercised,
notwithstanding that any condition of the postponement has not been complied
with, at any time before the goods are delivered to the owner in accordance
with [an enforcement order].

[(3) Where an enforcement order has been made, then

(a)if the court varies the conditions of the postponement under subsection
(1)(a), the Enforcement of Judgments Office shall, subject to rules of court,
stay the enforcement order on the like conditions;

(b)if the court makes an order under subsection (1)(c), the Enforcement of
Judgments Office shall, subject to rules of court, set aside the
enforcement order so far as it provides for the delivery of that part of the
goods in respect of which the owner's title is to be transferred to the
hirer.]

(4) At any time before the delivery of goods to the owner in accordance with
[an enforcement order, the enforcement order may], be discharged by the
payment to the owner by the hirer or any guarantor of the whole of the unpaid
balance of the hire-purchase price; and in any such case the owner's title to
the goods shall vest in the hirer.

Subs.(5) rep. by 1969 c.30 (NI) s.132 sch.6

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Northern Irish Legislation

HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 39