Search Legislation

Hire-Purchase Act 1964

Status:

This is the original version (as it was originally enacted).

Part IIAmendment of Law relating to Hire-purchase and Credit-sale in Scotland

25Extension of principal Act to Scotland

(1)The Hire-Purchase Act 1938, as amended by sections 1(1), (2) and (5), 3(1), (2), (3) and (6), 12, 21(1) and 34 of this Act, shall extend to Scotland, subject to—

(a)the modifications set out in Part I of Schedule 2 to this Act, and

(b)the addition of the provisions set out in Part II of the said Schedule, being provisions corresponding to the provisions enacted for England and Wales by sections 2 and 3(1) of the Hire-Purchase Act 1954 and sections 1(3) and (4), 3(4) and (5) and 24(7) of this Act.

(2)In accordance with the preceding subsection the said Act of 1938 shall have effect in Scotland as set out in Part III of the said Schedule 2.

(3)The following enactments shall cease to have effect, that is to say, sections 1 to 5 and 8 and 9 of the Hire Purchase and Small Debt (Scotland) Act 1932, the Hire-Purchase Act 1954 (in so far as it applies to Scotland) and the Credit-Sale Agreements (Scotland) Act 1961.

(4)The following provisions of this subsection shall have effect for the purpose of the construction of any reference (however expressed) in any enactment passed before this Act to a contract to which the Hire Purchase and Small Debt (Scotland) Act 1932 applied or would in certain circumstances have applied:—

(a)if the reference is a reference to a contract to which paragraph (a) of section 1 of that Act applied or would have applied, it shall be construed as a reference to a hire-purchase agreement within the meaning assigned to that expression by section 21(1) of the Act of 1938 ;

(b)if the reference is a reference to a contract to which paragraph (b) of the said section 1 applied or would have applied, it shall be construed as a reference to a conditional sale agreement within the meaning assigned to that expression by section 21(5) of this Act;

(c)if the context of the reference requires that it shall be construed as a reference only to a contract relating to an article within the limitation as to value specified in the said paragraph (a) or, as the case may be, the said paragraph (b) it shall be construed as a reference to a hire-purchase agreement (within the meaning assigned as aforesaid) under which the hire-purchase price does not exceed the limitation for the time being specified in section 1(1) of the Act of 1938 or, as the case may be, a conditional sale agreement (within the meaning assigned as aforesaid) under which the total purchase price does not exceed the limitation specified or referred to in section 21(2) of this Act;

(d)for the removal of doubt it is hereby declared that except as required by the last preceding paragraph no account is to be taken of section 1 of the Act of 1938, or section 2 or the proviso to section 21(2) of this Act, in construing any such reference;

(e)in relation to any such reference, expressions to which meanings are assigned by section 21(1) of the Act of 1938 shall in any enactment passed before this Act have the meanings so assigned to them respectively, unless the context otherwise requires; and any words defining the expressions " purchaser " or " instalment " for the purposes of any such reference shall be disregarded.

(5)In this Part of, and in Schedules 2 and 7 to, this Act, the expression " the Act of 1938 " means the said Act of 1938 as extended to Scotland by this section.

26Extension to Scotland of provisions of Part I

(1)For the purpose of further amending the law relating to hire-purchase and credit-sale in Scotland the provisions of this Act set out in the following Table shall extend to Scotland subject to the modifications specified in the next following subsection. Table

Section 2.
Sections 4 to 11.
Section 13.
Sections 15 to 20.
Section 21(2) to (5).
Section 22.
Section 23.
Section 24 (in so far as it relates to the provisions mentioned in this Table).
Schedule 1.

(2)The modifications referred to in the preceding subsection are as follows:—

(a)references to the principal Act and to Part I of this Act shall be construed respectively as references to the Act of 1938 and such of the provisions of the said Part I as are extended to Scotland by this section; and any reference to those provisions, or to any of them, shall be construed as a reference to those provisions, or, as the case may be, that provision, as so extended;

(b)any reference to the Hire-Purchase Act 1954 or any provision thereof shall be omitted;

(c)any reference to the bailment of goods shall be omitted ;

(d)for any reference to a personal representative there shall be substituted a reference to an executor;

(e)in section 10(3), for any reference to a condition or warranty there shall be substituted a reference to a stipulation;

(f)in section 13 for any reference to a condition, in relation to an agreement, there shall be substituted a reference to a stipulation which is material to the agreement;

(g)in section 15, subsection (8) and paragraph (a) of subsection (7) shall be omitted ;

(h)in section 17—

(i)for any reference to a grant of probate or letters of administration there shall be substituted a reference to an appointment as executor;

(ii)for any reference, in relation to an action, to adjourning there shall be substituted a reference to sisting;

(iii)in subsection (3), the words " in an action for money had and received " shall be omitted ;

(iv)in subsection (4), the words from "and in relation to " to the end of the subsection shall be omitted;

(v)in subsection (7), for the words " by an application for the issue of a warrant of delivery " there shall be substituted the words

by an application for the grant of a warrant to officers of court to search such premises in the occupation of that person as may be specified in the warrant and to take possession of the goods or any of them which may be found in such premises

; and at the end of the said subsection there shall be added the words

Any warrant granted in pursuance of an application under this subsection shall be deemed to include authority to open, if need be, shut and lockfast places for the purpose of carrying the warrant into lawful execution; and

(vi)subsection (8) shall be omitted ;

(i)in section 18(3)(b) the words " (in any manner in which money may be ordered to be paid in accordance with section 99 of the County Courts Act 1959) " shall be omitted;

(j)in section 20, for subsection (1) there shall be substituted the following subsection:—

(1)A contract of guarantee relating to a hire-purchase agreement to which the Hire-Purchase Act 1938 as extended to Scotland applies or relating to a credit-sale agreement to which that Act applies under which the total purchase price exceeds £30, and any security given by a guarantor in respect of money payable under such a contract, shall (subject to the next following subsection) not be enforceable unless the contract of guarantee is signed before two witnesses by the guarantor and, within seven days of the making of the contract of guarantee or the making of the hire-purchase agreement or credit-sale agreement, whichever is the later, there is delivered or sent to the guarantor a copy of the contract of guarantee and a copy of the hire-purchase agreement or credit-sale agreement. and, in subsection (4)(b), the words " a note or memorandum of " shall be omitted ;

(k)in section 22—

(i)in subsection (2)(d), the words " note or memorandum of a" and the words " paragraph (a) or paragraph (b) of ", where those words second occur, shall be omitted ; and

(ii)in subsection (5)(a), for the words " section 3(4) of this Act" there shall be substituted the words

section 2(3) or 3(3) of the Hire-Purchase Act 1938 as extended to Scotland;

(l)in Schedule 1—

(i)paragraph 3 shall be omitted ;

(ii)in paragraph 4, for the word " bailee " there shall be substituted the word

custodier;

(iii)in paragraph 6(2), for any reference to an assignment there shall be substituted a reference to an assignation;

(iv)in paragraph 8, the reference to section 9 of the Factors Act 1889 shall be construed as a reference to that section as extended to Scotland by the Factors (Scotland) Act 1890; and

(v)paragraph 9 shall be omitted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources