xmlns:atom="http://www.w3.org/2005/Atom"

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

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.