SCHEDULES

SCHEDULE 2 Minor and consequential amendments

The Sale of Goods Act 1979 (c. 54)

5

1

The Sale of Goods Act 1979 is amended as follows.

2

In section 11 (when condition to be treated as warranty)—

a

for subsection (1) there is substituted —

1

This section does not apply to Scotland.

b

subsection (5) is omitted.

3

In section 12 (implied terms about title etc.)—

a

for “condition” (in subsection (1)) and for “warranty” (in subsections (2), (4) and (5)) there is substituted “ term ”; and

b

after subsection (5) there is inserted—

5A

As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.

4

In section 13 (sale by description)—

a

in subsection (1) for “condition” there is substituted “ term ”; and

b

after that subsection there is inserted—

1A

As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

5

In section 14 (implied terms about quality or fitness)—

a

for “condition or warranty” (in subsections (1) and (4)) and for “condition” (in subsection (3)) there is substituted “ term ”; and

b

for subsection (6) there is substituted—

6

As regards England and Wales and Northern Ireland, the terms implied by subsections (2) and (3) above are conditions.

6

In section 15 (sale by sample)—

a

in subsection (2), for “condition” there is substituted “ term ” and paragraph (b) is omitted; and

b

for subsection (3) there is substituted—

3

As regards England and Wales and Northern Ireland, the term implied by subsection (2) above is a condition.

7

In section 53 (remedy for breach of warranty) for subsection (5) there is substituted—

5

This section does not apply to Scotland.

8

In section 55 (exclusion of implied terms) in subsection (2) for “condition or warranty” (in both places) there is substituted “ term ”.

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10

For the heading “Conditions and warranties” that precedes sections 10 to 14 there is substituted the heading Implied terms etc..