HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 68 Saving for Interpretation Act (Northern Ireland) 1954.

Saving for Interpretation Act (Northern Ireland) 1954. 68. This Act may be cited as the Hire-Purchase Act (Northern Ireland) 1966 ... Commencement ... 1. The hirer may put an end to this agreement by giving notice of termination in writing to any person who is entitled to collect or receive the hire-rent. 2. He must then pay any instalments which are in arrear at the time when he gives notice. If, when he has paid those instalments, the total amount which he has paid under the agreement is less than (here insert the minimum amount which the hirer is required to pay in accordance with the provisions of sections 28(1) and 55) he must also pay enough to make up that sum, unless the court determines that a smaller sum would be equal to the owner's loss. 3. If the goods have been damaged owing to the hirer having failed to take reasonable care of them, the owner may sue him for the amount of the damage unless that amount can be agreed between the hirer and the owner. 4. The hirer should see whether this agreement contains provisions allowing him to put an end to the agreement, on terms more favourable to him than those just mentioned. If it does, he may put an end to the agreement on those terms. 5. [After (here insert an amount calculated in accordance with the provisions of sections 33 and 55) has been paid or tendered, then,] unless the hirer has himself put an end to the agreement, the owner of the goods cannot take them back from the hirer without the hirer's consent unless the owner obtains an order of the court. 6. If the owner applies to the court for such an order, the court may, if the court thinks it just to do so, allow the hirer to keep either (a)the whole of the goods, on condition that the hirer pays the balance of the price in the manner ordered by the court; or (b)a fair proportion of the goods having regard to what the hirer has already paid. If the agreement is a subsequent agreement to which section 47 applies, the words in square brackets should be omitted. 1. The buyer may put an end to this agreement by giving notice of termination in writing to any person who is entitled to collect or receive the instalments of the purchase price. 2. He must then pay any instalments which are in arrear at the time when he gives notice. If, when he has paid those instalments, the total amount which he has paid under the agreement is less than (here insert the minimum amount which the buyer is required to pay in accordance with the provisions of sections 28(1) and 55) he must also pay enough to make up that sum, unless the court determines that a smaller sum would be equal to the seller's loss. 3. If the goods have been damaged owing to the buyer having failed to take reasonable care of them, the seller may sue him for the amount of the damage unless that amount can be agreed between the buyer and the seller. 4. The buyer should see whether this agreement contains provisions allowing him to put an end to the agreement on terms more favourable to him than those just mentioned. If it does, he may put an end to the agreement on those terms. 5. [After (here insert an amount calculated in accordance with the provisions of sections 33 and 55) has been paid or tendered, then,] unless the buyer has himself put an end to the agreement, the seller of the goods cannot take them back from the buyer without the buyer's consent unless the seller obtains an order of the court. 6. If the seller applies to the court for such an order, the court may, if the court thinks it just to do so, allow the buyer to keep either (a)the whole of the goods, on condition that the buyer pays the balance of the price in the manner ordered by the court; or (b)a fair proportion of the goods having regard to what the buyer has already paid. If the agreement is a subsequent agreement to which section 47 applies, the words in square brackets should be omitted. 1. The provisions of this Schedule shall have effect where goods have been let under a hire-purchase agreement, and at any time after the death of a person who, immediately before his death, was the hirer in relation to that agreement (in this Schedule referred to as "the deceased hirer") the following circumstances exist, that is to say (a)the goods have not been delivered to the owner, and a person (in this Schedule referred to as "the person in possession") who is neither the owner of the goods nor a personal representative of the deceased hirer is in possession of the goods; (b)no order for the specific delivery of the goods or of any part of them has been made against the deceased hirer under Part III, or, if such an order has been made, its operation has been postponed and the postponement has not been revoked by the court; (c)no order under Part III for the specific delivery of the goods or of any part of them has (whether in pursuance of this Schedule or otherwise) been made against any person since the death of the deceased hirer. 2. The provisions of this Schedule shall also have effect where goods have been agreed to be sold under a conditional sale agreement, and at any time after the death of a person who, immediately before his death, was the buyer in relation to that agreement (in this Schedule referred to as "the deceased buyer") the following circumstances exist, that is to say (a)the goods have not been delivered to the seller, and a person (in this Schedule referred to as "the person in possession") who is neither the seller nor a personal representative of the deceased buyer is in possession of the goods; (b)no order for the specific delivery of the goods or of any part of them has been made against the deceased buyer under Part III, or, if such an order has been made, its operation has been postponed and the postponement has not been revoked by the court; (c)no order under Part III for the specific delivery of the goods or of any part of them has (whether in pursuance of this Schedule or otherwise) been made against any person since the death of the deceased buyer. 3. Expressions to which a meaning is assigned by Part III have the same meanings in this Schedule as in that Part. 4. At any time when the circumstances specified in paragraph 1 or paragraph 2 exist, and the goods are protected goods, the owner (where the agreement is a hire-purchase agreement) or the seller (where it is a conditional sale agreement) shall not enforce any right to recover possession of the goods from the person in possession otherwise than by action. 5. In sections 34(2) and 35(1) (including those provisions as applied by section 45 to conditional sale agreements) any reference to contravention of section 34(1) shall include a reference to contravention of paragraph 4; and accordingly, if the owner or seller recovers possession of goods in contravention of that paragraph, a personal representative of the deceased hirer or the deceased buyer, as the case may be, shall (without prejudice to any other right exercisable by him as the hirer or buyer in relation to the agreement) be entitled to recover from the owner or seller, in an action for money had and received, all sums paid by the hirer or buyer under the agreement or under any security given by him in respect thereof. 6.(1) In subsections (2) to (6) of section 35, in sections 36 to 44 and in section 49 (a)any reference to an action to which section 35 applies shall include a reference to any action to which sub-paragraph (2) applies, and (b)any reference to an action to enforce a right to recover possession of protected goods from the hirer shall include a reference to an action to enforce a right to recover possession of protected goods from the person in possession in the circumstances specified in paragraph 1. (2) This sub-paragraph applies to any action brought by the owner, in the circumstances specified in paragraph 1, to enforce a right to recover possession of protected goods from the person in possession, where the owner has not previously, in contravention of section 34(1) or of paragraph 4, recovered possession of part of the goods let under the agreement. (3) In any action to which sub-paragraph (2) applies, the court (without prejudice to any other power exercisable by the court) may (a)on the application of any party to the action, adjourn the action to enable a grant of probate or letters of administration to be obtained, and, if such a grant is obtained by a person who is not a party to the action, to enable that person to be made a party thereto, or (b)on the application of any person who is not a party to the action, but who satisfies the court that he is a personal representative of the deceased hirer or that he intends to apply for letters of administration in respect of his estate, adjourn the action to enable that person to be made a party to the action, and, if he has not obtained a grant of probate or letters of administration, to enable him to obtain such a grant. (4) Section 36(1) shall not apply to any such action. (5) Section 48 shall apply to any action to enforce a right to recover possession of goods from the person in possession as if in that section any reference to the hirer or buyer were a reference to the person in possession. 7.(1) In subsections (2) to (6) of section 35, in sections 36 to 44 and in section 49 (a)any reference to an action to which section 35 applies shall include a reference to any action to which sub-paragraph (2) applies, and (b)any reference to an action to enforce a right to recover possession of protected goods from the buyer shall include a reference to an action to enforce a right to recover possession of protected goods from the person in possession in the circumstances specified in paragraph 2. (2) This sub-paragraph applies to any action brought by the seller, in the circumstances specified in paragraph 2, to enforce a right to recover possession of protected goods from the person in possession, where the seller has not previously, in contravention of section 34(1) or of paragraph 4, recovered possession of part of the goods agreed to be sold under the agreement. (3) In any action to which sub-paragraph (2) applies, the court (without prejudice to any other power exercisable by the court) may (a)on the application of any party to the action, adjourn the action to enable a grant of probate or letters of administration to be obtained, and, if such a grant is obtained by a person who is not a party to the action, to enable that person to be made a party thereto, or (b)on the application of any person who is not a party to the action, but who satisfies the court that he is a personal representative of the deceased buyer or that he intends to apply for letters of administration in respect of his estate, adjourn the action to enable that person to be made a party to the action, and, if he has not obtained a grant of probate or letters of administration, to enable him to obtain such a grant. (4) Section 36(1) shall not apply to any such action. (5) Section 48 shall apply to any action to enforce a right to recover possession of goods from the person in possession as if in that section any reference to the hirer or buyer were a reference to the person in possession. (6) In the preceding provisions of this paragraph references to any provisions of sections 35 to 44 are references to those provisions as applied by section 45 to conditional sale agreements. 8.(1) Where the circumstances specified in paragraph 1 or paragraph 2 exist, in a case where (a)an order for the specific delivery of the goods has been made under Part III of this Act in an action against the deceased hirer or the deceased buyer, and (b)the operation of that order has been postponed, (2) The court may adjourn any [application for such leave] in the like circumstances, and for the like purposes, as in accordance with paragraph 6(3) or paragraph 7(3) it could adjourn an action to which paragraph 6(2) or (as the case may be) paragraph 7(2) applies. Schedule 4 rep. by 1974 c.39 s.192 sch.5 Pt.II

this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run. 2. Where an Order in Council is made under section 3, the provisions of Parts II, III and IV of this Act, and of Schedules 1 to 3, shall not, except as provided by the following provisions of this Part of this Schedule, have effect in relation to (a)any hire-purchase agreement or conditional sale agreement made before the operative date which is by virtue of the Order included in references to which section 2(2) applies, but would not be so included apart from the Order, or (b)any credit-sale agreement made before that date which is by virtue of the Order included in references to which section 2(3) or section 2(4) applies, but would not be so included apart from the Order. 3. Notwithstanding anything in paragraph 2, in relation to any hire-purchase agreement or conditional sale agreement made before the operative date which (not being excluded by section 4) is by virtue of the Order included in references to which section 2(2) applies, but would not be so included apart from the Order, (a)sections 25, 26 and 53(1) shall apply, except in the case of a default committed before the operative date; (b)section 30 shall apply where the hirer or buyer dies on or after that date; (c)sections 33 and 47 shall apply in relation to any time on or after that date; (d)section 34 shall apply in relation to the recovery of possession of protected goods on or after that date; (e)the provisions of Part III of this Act (other than sections 33, 34, 46 and 47) shall apply in relation to actions begun on or after that date; (f)the provisions of sections 46 and 52(2), and of Schedule 3, shall apply where the hirer or buyer dies on or after that date; (g)section 51 shall apply so far as it relates to payments made on or after that date; (h)section 52(1) shall apply so far as it relates to a refusal to give up possession of goods on or after that date; (i)section 53(2) shall apply where the order of the court is made on or after that date; (j)section 53(3) shall apply where the agreement is terminated, or the action in question is begun, on or after that date. 4.(1) The provisions of this paragraph shall have effect in relation to any such agreement as is mentioned in paragraph 3 where (a)the owner or seller has, as part of the consideration for the hire-purchase price or total purchase price, carried out any installation in relation to the goods let or agreed to be sold under the agreement, and (b)the owner or seller has served on the hirer or buyer a notice specifying a sum not exceeding the expense of the installation. (2) For the purposes of the application to the agreement of the provisions of section 33(1)(b) or section 47(1) any reference in those provisions to one-third of the hire-purchase price or total purchase price shall, in relation to (a)the recovery of possession of goods after the end of the period of twenty-eight days from the service of the notice under sub-paragraph (1), and (b)any action begun after the end of that period, (3) In this paragraph "installation" has the meaning assigned to it by section 55(2). 5. In this Part of this Schedule "the operative date", in relation to an Order in Council, means the date on which the Order comes into operation. Schedule 6Amendments. Schedule 7Repeals4PS0900ANNEX Section 46. 62.(1) This section applies where a motor vehicle has been bailed under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person. (2) Where the disposition referred to in subsection (1) is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the "relevant agreement") that disposition shall have effect as if the creditor's title to the vehicle had been vested in the debtor immediately before that disposition. (3) Where the person to whom the disposition referred to in subsection (1) is made (the "original purchaser") is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition ("the first private purchaser") is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser. (4) Where, in a case within subsection (3) (a)the disposition by which the first private purchaser becomes a purchaser of the motor vehicle in good faith without notice of the relevant agreement is itself a bailment under a hire-purchase agreement, and (b)the person who is the creditor in relation to that agreement disposes of the vehicle to the first private purchaser, or a person claiming under him, by transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf, (5) The preceding provisions of this section apply (a)notwithstanding anything in section 21 of the Sale of Goods Act [1979] (sale of goods by a person not the owner), but (b)without prejudice to the provisions of the Factors Act (as defined by [section 61(1) of the said Act of 1979]) or of any other enactment enabling the apparent owner of goods to dispose of them as if he were the true owner. (6) Nothing in this section shall exonerate the debtor from any liability (whether criminal or civil) to which he would be subject apart from this section; and, in a case where the debtor disposes of the motor vehicle to a trade or finance purchaser, nothing in this section shall exonerate (a)that trade or finance purchaser, or (b)any other trade or finance purchaser who becomes a purchaser of the vehicle and is not a person claiming under the first private purchaser, Protection of purchasers of motor vehicles. 63.(1) Where in any proceedings (whether criminal or civil) relating to a motor vehicle it is proved (a)that the vehicle was bailed under a hire-purchase agreement, or was agreed to be sold under a conditional sale agreement, and (b)that a person (whether a party to the proceedings or not) became a private purchaser of the vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the "relevant agreement"), (2) It shall be presumed for those purposes, unless the contrary is proved, that the disposition of the vehicle to the person referred to in subsection (1)(b) (the "relevant purchaser") was made by the debtor. (3) If it is proved that that disposition was not made by the debtor, then it shall be presumed for those purposes, unless the contrary is proved (a)that the debtor disposed of the vehicle to a private purchaser purchasing in good faith without notice of the relevant agreement, and (b)that the relevant purchaser is or was a person claiming under the person to whom the debtor so disposed of the vehicle. (4) If it is proved that the disposition of the vehicle to the relevant purchaser was not made by the debtor, and that the person to whom the debtor disposed of the vehicle (the "original purchaser") was a trade or finance purchaser, then it shall be presumed for those purposes, unless the contrary is proved, (a)that the person who, after the disposition of the vehicle to the original purchaser, first became a private purchaser of the vehicle was a purchaser in good faith without notice of the relevant agreement, and (b)that the relevant purchaser is or was a person claiming under the original purchaser. (5) Without prejudice to any other method of proof, where in any proceedings a party thereto admits a facct, that fact shall, for the purposes of this section, be taken as against him to be proved in relation to those proceedings.64.(1) In this Part "conditional sale agreement" means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; "creditor" means the person by whom goods are bailed under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of law; "disposition" means any sale or contract of sale (including a conditional sale agreement), any bailment under a hire-purchase agreement and any transfer of the property in goods in pursuance of a provision in that behalf contained in a hire-purchase agreement, and includes any transaction purporting to be a disposition (as so defined), and "dispose of" shall be construed accordingly; "hire-purchase agreement" means an agreement other than a conditional sale agreement, under which (a)goods are bailed in return for periodical payments by the person to whom they are bailed, and (b)the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs (i)the exercise of an option to purchase by that person, (ii)the doing of any other specified act by any party to the agreement, <(iii)the happening of any other specified event; and "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads to which the public has access. (2) In this Part "trade or finance purchaser" means a purchaser who, at the time of the disposition made to him, carries on a business which consists, wholly or partly, (a)of purchasing motor vehicles for the purpose of offering or exposing them for sale, or (b)of providing finance by purchasing motor vehicles for the purpose of bailing them under hire-purchase agreements or agreeing to sell them under conditional sale agreements, (3) For the purposes of this Part a person becomes a purchaser of a motor vehicle if, and at the time when, a disposition of the vehicle is made to him; and a person shall be taken to be a purchaser of a motor vehicle without notice of a hire-purchase agreement or conditional sale agreement if, at the time of the disposition made to him, he has no actual notice that the vehicle is or was the subject of any such agreement. (4) In this Part the "debtor", in relation to a motor vehicle which has been bailed under a hire-purchase agreement or, as the case may be, agreed to be sold under a conditional sale agreement, means the person who at the material time (whether the agreement has before that time been terminated or not) either (a)is the person to whom the vehicle is bailed under that agreement or (b)is, in relation to the agreement, the buyer, including a person who at that time is, by virtue of section 130(4) of the Consumer Credit Act 1974 treated as a bailee of the vehicle. (5) In this Part any reference to the title of the creditor to a motor vehicle which has been bailed under a hire-purchase agreement, or agreed to be sold under a conditional sale agreement, and is disposed of by the debtor, is a reference to such title (if any) to the vehicle as, immediately before that disposition, was vested in the person who then was the creditor in relation to the agreement. (6) This Part binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland." Presumptions relating to dealings with motor vehicles.1974 c.39

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HIRE-PURCHASE ACT (NORTHERN IRELAND) 1966 - SECT 68