Consumer Credit Act 1974

[1965 c. 14 (N.I.).] Consumer Protection Act (Northern Ireland) 1965

46 In section 2, for subsections (5) and (6) substitute—

“(5) If as respects goods of any class or description regulations under section 1 so provide, subsections (1) to (3) (other than subsection 3(d) and (e)) shall apply subject to subsection (6) in relation to goods of that class or description as if—

(a) references to selling or to a sale included references to—

(i) bailing under a hire-purchase agreement, or

(ii) bailing under a hire agreement, or

(iii) an agreement to sell under a conditional sale agreement; and

(b) the reference to a sale under a credit-sale agreement were a reference—

(i) to a bailment under a hire-purchase agreement, or

(ii) to an agreement to sell under a conditional sale agreement.

(6) Subsections (1) and (2) shall not apply—

(a) in a case of bailment under a hire agreement, where the bailment is incidental to an agreement under which payments are to be made in the form of rent issuing out of land ;

(b) in a case of possession for the purpose of bailment under a hire agreement, where possession is for the purpose of a bailment which is incidental to an agreement under which payments are to be made in the form of rent issuing out of land ;

(c) in any case of bailment under a hire agreement, where the bailment was lawful at the time when it began.”

47 In section 5—

(1) after the definition of " component part" insert—

• “" 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 ;

• " hire agreement " means an agreement for the bailment of goods which is not a hire-purchase agreement; "”

(2) for the definition of " credit-sale agreement" substitute—

• “" credit sale agreement " means an agreement for the sale of goods, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement;”

(3) for the definition of hire-purchase agreement substitute—

• “" 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;”.