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Hire-Purchase Act 1964

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This is the original version (as it was originally enacted).

23Avoidance of provisions and contracts inconsistent with Part I

(1)Any provision which is contained in an agreement (whether a hire-purchase agreement or credit-sale agreement or not) and is a provision to which this subsection applies shall be void.

(2)The preceding subsection applies to—

(a)any provision excluding or restricting the operation of any enactment contained in sections 4 to 9 of this Act 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;

(b)any provision excluding or restricting the operation of any enactment contained in section 10 or section 11 of this Act;

(c)any provision excluding or modifying any condition implied by virtue of section 13 of this Act.

(3)Any contract, whether oral or in writing, which apart from this subsection would have effect as a contract to enter into an agreement to which this subsection applies (as distinct from a contract constituting such an agreement) shall be void.

(4)The last preceding subsection applies—

(a)to any hire-purchase agreement to which .the principal Act applies, and

(b)to any credit-sale agreement to which that Act applies under which the total purchase price exceeds £30.

(5)This section shall have effect without prejudice to the operation of section 5 of the principal Act (which avoids certain provisions specified in that section).

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