an bille fruilcheannaigh (leasu), 1957

AN BILLE FRUILCHEANNAIGH (LEASU), 1957. HIRE-PURCHASE (AMENDMENT) BILL, 1957.

Mar a ritheadh ag dhd Theach an Oireachtais. As passed by both Houses of the Oireachtas.

ARRANGEMENT OF SECTIONS

PART I

Preliminary and GeneralSection.

1. Short title, collective citation and construction.2. Commencement.3. Definitions.4. Laying of orders before Houses of the Oireachtas.5. Expenses.

PART II

Control of Hire-Purchase, Credit-Sale and Letting ofGoods

6. Control of hire-purchase, credit-sale and letting of goods.7. Furnishing of information.8. Authorised officers.9. Powers of authorised officers.

10. Prohibition on disclosure of information.11. Contravention of order.12. Offences in relation to bodies corporate and unincorporated

bodies.13. Penalties.14. Prosecution of offences.

PART III

Amendment of the Principal Act

15. Further provisions relating to postponed orders forspecific delivery of goods.

16. Recovery of possession of motor vehicles let under hire-purchase agreements.

17. Liability of guarantor where goods are returned to owner.18. Appropriation of payments by owner in respect of hire-

purchase agreements.19. Jurisdiction of the courts.20. Amendment of definition of hire-purchase price.

Seotion21. Amendment of section 3 of the Principal Act.22. Amendment of section 4 of the Principal Act.23. Restriction of section 5 of the Principal Act.24. Amendment of section 7 of the Principal Act.25. Amendment of section 16 of the Principal Act.

PART IV

Miscellaneous

26. Remittal or transfer of actions.27. Judgments in actions for the recovery of goods let under

hire-purchase agreements to be given only by a Judge or the Master of the High Court.

28. Sale by dealer of goods let to him under a hire-purchaseagreement.

29. Repeals.

SCHEDULEAdditional Paragraph to be included in Note or Memorandum of Hire-Purchase Agreement

RELATING TO A MOTOR VEHICLE.

AN BILLE FRU1LCHEANN A1GH (LEASU), 1957. HIRE-PURCHASE (AMENDMENT) BILL, 1957.

BILLentitled

5 AN ACT TO AMEND THE LAW WITH RESPECT TO THE HIRE-PURCHASE, SALE UPON CREDIT AND LETTING OF GOODS AND FOR THAT PURPOSE TO AMEND THE HIRE-PURCHASE ACT, 1946.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

10 PART I.

Preliminary and General.

1.— (1) This Act may be cited as the Hire-Purchase (Amend- Short title,ment) Act, 1960. coUective citation

and construction.

(2) The Principal Act and this Act may be cited together as 15 the Hire-Purchase Acts, 1946 and 1960.

(3) The Principal Act and this Act shall be construed as one.

2.—This Act shall come into operation on such day as the Commencement. Minister by order appoints.

3.—In this Act— Definitions.

20 “ the Principal Act ” means the Hire-Purchase Act, 1946; 1W6, No. 16.“ authorised officer ’ ’ means an officer appointed to be an authorised officer under section 8 of this Act;“ the Minister ” means the Minister for Industry and Commerce

4.—Every order under Part II of this Act shall be laid before Laying of orders 25 each House of the Oireachtas as soon as may be after it is made, tteCHieachtas. °f

and if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of

30 anything previously done thereunder.

5.—The expenses incurred by the Minister in the administration Expenses, of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

3

PART II.

Control of hire- purchase, credit- stile and letting of goods.

Furnishing of information.

Authorisedofficers.

Powers of authorised office**.

Control of Hire-Purchase, Credit-Sale and Letting of Goods.

6.—(1) The Minister may by order provide for the regulation and control of the letting, whether under hire-purchase agreements or otherwise, and the selling by credit-sale agreements of goods 5 or of any class or description of goods.

(2) Without prejudice to the generality of the foregoing or to anything in the Principal Act, an order under this section may provide for—

(а) the form of the agreements referred to in subsection (1) 10of this section,

(б) the minimum deposit to be paid by a buyer or hirer,(c) the maximum period of payment, and the amount and

frequency of instalments or rentals,(d) the information to be given in any visual advertisement 15

or visual announcement published or made in any form or manner whatsoever relating to goods for sale by way of hire-purchase or credit-sale agreement regarding the terms upon which the goods will be sold,

(e) the inclusion in any such advertisement or announcement 20of a statement of the price at which the goods will be sold for cash.

(3) An order under this section may also provide that a person who sells or lets goods to which the order applies shall not be entitled to enforce any agreement for such sale or letting or any 25 right to recover the goods unless specified provisions of the order are complied with.

(4) The Minister may by order amend or revoke an order under this section.

(5) An order under any provision of this section (except in 30 relation to paragraph (d) or (e) of subsection (2) of this section) shall be made only after consultation with the Minister for Finance.

7.—Any person who carries on, or is employed in connection with, the business of letting goods, whether under hire-purchase agreements or otherwise, or selling goods by credit-sale agreements 35 shall, whenever so required by the Minister, furnish to the Minister any books, documents, records, particulars, or information in that person’s power or control which the Minister may require for enabling him to exercise his functions under this Part of this Act.

8.—(1) The Minister may appoint such and so many of his 40 officers as he thinks fit to be authorised officers for the purposes of this Part of this Act.

(2) Every authorised officer shall be furnished with a warrant of his appointment as an authorised officer, and, as soon as he has entered any premises pursuant to section 9 of this Act, shall pro- 45 duce the warrant to the person in charge of the premises.

9.—(1) An authorised officer may, for the purpose of obtaining any information which the Minister may require for enabling him to exercise his functions under this Part of this Act, at all reasonable times enter premises at which the business of letting goods, ^ whether under hire-purchase agreements or otherwise, or selling goods by credit-sale agreements is carried on and do any one or more of the following things—

(a) inspect the premises,4

(6) require the person who carries on such business and any person employed in connection therewith to produce to him any books, documents or records relating to such business which are in that person’s power or control

5 and to give him such information as he may reasonablyrequire in regard to any entries in such books, documents or records,

(c) inspect and copy or take extracts from such books, documents or records,

•Q (d) require such person to give to him any information he may reasonably require in regard to the persons carrying on such business (including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee

15 of management or other controlling authority) oremployed in connection therewith,

(e) require such person to give to him any other information which he may reasonably require in regard to such business.

20 (2) No one shall be required by virtue of section 7 of this Act orsubsection (1) of this section to answer any question or to give any evidence tending to criminate himself.

(3) Subject to the provisions of subsection (2) of this section, if any person obstructs or impedes an authorised officer in

25 the exercise of his powers under this section or does not comply with a requirement under section 7 of this Act or under this section, that person shall be guilty of an offence.

10.—(1) No person shall disclose information available to him Prohibition on by virtue of the powers of obtaining information conferred on him “i801080*? of

.1 . T» ^ A information.30 by this Part of this Act.

(2) Subsection (1) of this section does not apply to—(а) a communication made by an authorised officer in the

execution of his duties under this Part of this Act,(б) the disclosure of information for the purpose of legal

proceedings under this Part of this Act.(3) If any person contravenes subsection (1) of this section he

shall be guilty of an offence.

11.—(1) A person who contravenes (whether by act or omission) Contravention any provision of an order under this Part of this Act for the time of order.

40 being in force shall be guilty of an offence.

(2) Every person who aids, abets, or assists another person, or conspires with another person, to do any thing (whether by way of act or of omission) the doing of which is declared by subsection (1) of this section to be an offence shall himself be guilty

45 of an offence.

12.—Where an offence under this Part of this Act is committed Offences in by a body corporate or by a person purporting to act on behalf relation to bodies of a body corporate or an unincorporated body of persons, and is [incorporated proved to have been so committed with the consent or approval of, bodies.

50 or to have been facilitated by any default on the part of any person being, in the case of a body corporate, a director thereof, or, in the case of an unincorporated body, a member of the committee of management or other controlling authority thereof, that person shall also be guilty of the offence.

o5 13.—Every person who commits an offence under this Part of Penalties, this Act shall on summary conviction thereof be liable to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

5

Prosecution of offences.

1851, c. 93.

Further provisions relating to postponed orders for specific delivery of goods.

1926, No. 18.

Recovery of possession of motor vehicles let under hire-purchase agreements.

14.—(1) Proceedings in relation to an offence under this Part of this Act may be brought and prosecuted by the Minister.

(2) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Part of this Act may be instituted within twelve months 5 from the date of the offence.

PART III.

Amendment of the Principal Act.

15.— (1) Where a postponed order for the specific delivery of goods to the owner has been made, whether before or after the 10 commencement of this Act, under paragraph (6) of subsection (4) of section 13 of the Principal Act, the powers of the court under paragraphs (a) and (c) of subsection (4) of section 14 of that Act (which respectively enable the court to vary the conditions of the postponement or to make an order for the delivery of part of the 15 goods to the owner and for the transfer to the hirer of the owner’s title to the remainder) maj’ be exercised, notwithstanding that any condition of the postponement has not been complied with, at any time before the goods are delivered to the owner in accordance with an execution order within the meaning of the Enforcement of 20 Court Orders Act, 1926, issued in pursuance of the order; and where such an execution order has been issued (whether before or after the commencement of this Act) the court shall—

(a) if the court vanes the conditions of the postponementunder the said paragraph (a), suspend the execution 25 order on the like conditions;

(b) if the court makes an order under the said paragraph (c)for the specific delivery of a part of the goods to the owner and for the transfer to the hirer of the owner’s title to the remaining part thereof, cancel the execution 30 order so far as it provides for the delivery of the last- mentioned part of the goods.

(2) Notwithstanding anything contained in rules of court, at any time before the delivery of goods to the owner in accordance -with an execution order issued as aforesaid, the execution order 35 may, so far as it provides for the delivery of the goods, be discharged by the payment to the owner by the hirer or any guarantorof the whole of the unpaid balance of the hire-purchase price together with any interest (being interest payable under the hire- purchase agreement on instalments of the hire-purchase price which 40 are due and unpaid) the payment of which had been provided for in the postponed order, and in any such case the owner’s title to the goods shall vest in the hirer.

(3) If in an action to which the said section 13 applies an offeras to conditions for the postponement of the operation of an order 45 under paragraph (6) of subsection (4) of that section is made by the hirer and accepted by the owner in accordance with rules of court, an order under that paragraph may thereupon be made by the court in accordance with the said offer without hearing evidence as to matters specified in the said paragraph (b): 50

Provided that where a guarantor is a party to the action, no such order shall be made before the date fixed for the hearing of the action.

16.—(1) Section 6 of the Principal Act shall not apply in relation to a provision in an agreement made after the commencement of 55 this Act whereby an owner of a motor vehicle which has been let under a hire-purchase agreement or a pei-son acting on his behalf is—

(a) authorised to enter premises (other than a house used as a dwelling or any building within the curtilage thereof) for the purpose of taking possession of the motor vehicle, or

5 (6) relieved from liability for any such entry.

(2) Where—(а) the owner of a motor vehicle let under a hire-purchase

agreement has commenced an action after the commencement of this Act to recover possession of the vehicle

10 from the hirer, and

(б) either—(i) one-third of the hire-purchase price has, before the

commencement of the action, been paid or tendered by or on behalf of the hirer or any guarantor, or

15 (ii) the hire-purchase agreement is a further hire-purchase agreement within the meaning of section 16 of the Principal Act, and

(c) the vehicle has been abandoned or has been left unattended in circumstances which have resulted or are imminently

20 likely to result in damage to, or more than normaldepreciation in the value of, the vehicle,

the provisions of section 12 of the Principal Act shall not apply and the owner shall be entitled to enforce a right to recover possession of the vehicle and to retain possession thereof during

25 the ensuing period prior to the making of an order by the court in relation to the vehicle under subsection (3) of section 13 of the Principal Act.

(3) Where, pursuant to subsection (2) of this section, an owner of a motor vehicle enforces a right to recover possession of the

30 vehicle—(а) he shall make an application to the court under sub

section (3) of section 13 of the Principal Act not later than the fourteenth day after the day on which possession of the vehicle was recovered or, if the court

35 is not sitting on that day, the first day on which thecourt sits after that day, and

(б) if, on the hearing of the action referred to in subsection (2)of this section, the owner does not satisfy the court that in all the circumstances of the case he was entitled,

40 pursuant to that subsection, to enforce his right torecover possession of the vehicle, the court may, without prejudice to any other power of the court, award to the hirer such damages payable by the owner, in respect of the recovery and the ensuing retention of possession

45 of the vehicle, as it thinks proper.

(4) Where, pursuant to subsection (5) of this section, an owner of a motor vehicle enforces a right to recover possession of the vehicle but does not comply with the provisions of paragraph (a) of subsection (3) of this section, he shall, notwithstanding the pro-

50 visions of subsection (2) of this section, be deemed to have recovered the vehicle in contravention of subsection (1) of section 12 of the Principal Act and subsection (2) of that section shall have effect accordingly.

(5) Subsection (2) of section 12 of the Principal Act shall not 55 apply in any case in which damages are awarded under paragraph

(b) of subsection (3) of this section.

(6) The Schedule to the Principal Act is, as respects hire- purchase agreements relating to motor vehicles and made after the commencement of this Act, hereby amended by the insertion at the

60 end thereof of the paragraph set out in the Schedule to this Act.

Liability of guarantor where goods are returned to owner.

Appropriation of payments by owner in respect of hire-purchase agreements.

Jurisdiction of the courts.

(7) In this section “ motor vehicle ” means any mechanically propelled vehicle constructed for use on roads for the carriage of persons or goods and includes a tractor.

17.—(1) Where—(a) goods are let under a hire-purchase agreement, whether 5

made before or after the commencement of this Act, and(b) the owner recovers possession thereof or an order is made

by the court under paragraph (a) of subsection (4) of section 13 of the Principal Act for the specific delivery thereof to the owner, io

then, subject to subsection (3) of this section, the liability of a guarantor under a contract of guarantee in relation to the agreement shall not exceed the amount, if any, which the hirer would have been liable to pay under section 5 of the Principal Act if he had determined the agreement under that section at the time of the 15 recovery or the making of the order, as the case may be.

(2) Subject to subsection (3) of this section, any provision in a contract of guarantee in relation to a hire-purchase agreement whereby the guarantor, after the recovery of possession of the goods let under the agreement or the making of an order by the 20 court under the said paragraph (a) for the specific delivery of the goods to the owner, is subject to a liability which exceeds the liability specified in subsection (1) of this section shall be void.

(3) Subsections (1) and (2) of this section are without prejudiceto any liability of the guarantor which has accrued in respect of 25 instalments of the hire-purchase price which are due under the hire-purchase agreement and are unpaid at the time of the recoveryor the making of the order, as the case may be.

(4) This section shall not have effect in respect of a claim or order in relation to a guarantor made before the commencement of 30 this Act.

18.—Where—(a) a hirer is entitled under section 10 of the Principal Act

to appropriate a payment made after the commencement of this Act, and 35

(b) the hirer fails to make an appropriation under that section,and

(c) one-third of the hire-purchase price has been paid undereach of the hire-purchase agreements in respect of which are due sums in or towards the satisfaction of 40 which the entitlement exists,

the owner may, notwithstanding the provisions of the said section 10, appropriate the payment in or towards the satisfaction of the sum due under any one of the agreements or in or towards the satisfaction of the sums due under any two or more of the 45 agreements in such proportions as he thinks fit and, if he fails to make any such appropriation as aforesaid, the payment shall, by virtue of that section, be appropriated towards the satisfaction of the sums due under the respective hire-purchase agreements in the proportions which those sums bear to one another. 50

19.-0) In an action commenced after the commencement of this Act by the owner of goods let under a hire-purchase agreement to enforce a right to recover possession of the goods from the hirer—

(a) the Circuit Court shall have jurisdiction where the hire-purchase price does not exceed one thousand pounds, 55and

8

(ft) the District Court shall have jurisdiction where the hire- purchase price does not exceed one hundred pounds.

(2) In an action commenced after the commencement of this Act by the owner of goods let under a hire-purchase agreement to

5 enforce payment of a sum due under the hire-purchase agreement or under any contract of guarantee relating thereto—

(а) the Circuit Court shall have jurisdiction where the amountclaimed does not exceed one thousand pounds, and

(б) the District Court shall have jurisdiction where the amount10 claimed does not exceed one hundred pounds.

(3) Neither paragraph (v) of section 52 of the Courts of Justice Act, 1924, nor paragraph (a) of section 53 of the Courts of Justice Act, 1936, shall apply to an action—

(a) in which the defendant or one, at least, of the defendants 15 ordinarily resides or carries on any profession, business

or occupation in the State, and(ft) to which subsection (1) or subsection (2) of this section

relates.

20. —(1) For the purposes of the Principal Act, any sum payable 20 by the hirer under a hire-purchase agreement by way of a deposit

or other initial payment, or credited or to be credited to him under such an agreement on account of any such deposit or payment, whether that sum is to be or has been paid to the owner or to any other person or is to be or has been discharged by a payment of

25 money or by the transfer or delivery of goods or by any other means, shall form part of the hire-purchase price.

(2) This section shall apply for the purposes of the Principal Act in its application to agreements made before the commencement of this Act, except in relation to any note or memorandum

30 of such an agreement made for the purposes of section 3 of the Principal Act.

21. —Paragraph (d) of subsection (2) of section 3 of the Principal Act is, as respects hire-purchase agreements made after the commencement of this Act, hereby amended by the substitution of

35 “ fourteen ” for “ seven

22. —Paragraph (c) of subsection (2) of section 4 of the Principal Act is, as respects credit-sale agreements made after the commencement of this Act, hereby amended by the substitution of “ fourteen ” for “ seven ”.

40 23.—(1) Section 5 of the Principal Act shall not apply in relationto hire-purchase agreements made after the commencement of this Act in respect of plant or machinery (other than mechanically propelled vehicles) which is intended for use in an industrial process and the cash price (within the meaning of section 3 of the Principal

46 Act) of which exceeds two hundred pounds.(2) The Schedule to the Principal Act shall, as respects hire-

purchase agreements to which subsection (1) of this section relates, have effect as if “ Right of Hirer to terminate Agreement ” and the first four paragraphs in the notice therein prescribed were deleted.

50 24.—Subsection (1) of section 7 of the Principal Act is, asrespects requests of the kind referred to in that subsection received after the commencement of this Act, hereby amended by the sub-

' stitution of “ seven ” for “ four ”.

25.—Section 16 of the Principal Act is, as respects the enforce- 55 ment after the commencement of this Act of a right to recover

possession of goods let under a hire-purchase agreement, hereby amended by—

(a) the insertion after “ those goods ” of “ or anv of them ”, and

6° (ft) the insertion after “the commencement thereof” of “as if one-third of the hire-purchase price had been paid or tendered ”.

1924, No. 10. 1936, No. 48.

Amendment of definition of hire-purchase prioe.

Amendment of section 3 of the Principal Act.


Restriction of section 5 of the Principal Act.



9

PART IV.

Remittal or transfer of actions. 1924, No. 10.

1936, No. 48.

Judgments in actions for the recovery of goods let under hire- purchase agreements to be given only by a Judge or the Master of the High Court.

Sale by dealer of goods let to him under a hire- purchase agreement.

Repeals.

Section 16.

Miscellaneous.

26.—(1) The jurisdiction of the High Court to remit or transfer actions under section 25 of the Courts of Justice Act, 1924, may, in relation to an action pending in the High Court by the owner 5 of goods let under a hire-purchase agreement—

(a) to enforce a right to recover possession of the goods fromthe hirer, or

(b) to enforce payment of a sum due under the hire-purchaseagreement or under any contract of guarantee relating jq thereto,

at any time before judgment is given in the action, be exercised by the High Court of its own motion and without application in that behalf having been made to it by any party to the action.

(2) Paragraph (b) of subsection (2) of section 11 of the Courts 15 of Justice Act, 1936, shall not apply in relation to an action which the High Court proposes to remit or transfer by virtue of this section.

27.—Notwithstanding anything contained in rules of court, in an action in the High Court or the Circuit Court commenced after 20 the commencement of this Act by the owner of goods let under a hire-purchase agreement claiming, whether solely or together with any other claim, the enforcement of a right to recover possession of the goods from the hirer, judgment may be obtained only from a Judge or, where appropriate, from the Master of the High 25 Court.

28.—Where the hirer of goods of any class or description is a dealer in goods of that class or description and sells the goods of which he is the hirer when ostensibly acting in the ordinary course of his business as such dealer, the sale shall be as valid 30 as if he were expressly authorised by the owner to make the sale, provided that the buyer acts in good faith and has not at the time of the sale notice that the hirer has not authority to make the sale.

29.—Subsection (5) of section 13 and section 20 of the Principal Act are, as respects actions commenced after the commencement 35 of this Act, hereby repealed.

SCHEDULE.

Additional Paragraph to be included in Note or Memorandum of Hire-Purchase Agreement relating

to a Motor Vehicle. 40

4. Paragraphs 1 and 2 above relating to the owner taking back the goods are modified as follows in the case of any motor vehicle (this includes a tractor):

(a) the owner is entitled to enforce any right which he mayhave under this agreement to enter on any premises 45 of the hirer (other than a house used as a dwelling or any building within the curtilage thereof) for the purpose of taking back the vehicle,

10

(6) where the owner has made an application to the Court for an order to recover possession of the vehicle, he may, if the vehicle has been abandoned or has been left unattended in circumstances likely to result in damage

5 - to, or more than normal depreciation in the value of,the vehicle, and if the agreement so provides, take back the vehicle and retain possession of it during the ensuing period prior to the making by the Court of an order for the purpose of protecting the vehicle from

10 damage or depreciation.

, 4

.1

v \11

AN BILLE FRUILCHEANNAIGH (LEASU), 1957.

BILLEda, ngairtear

Acht do least! an dli a bhaineas le hearral d’fhruilcheannach, a dhlol ar cairde agus a lige&n agus chuige sin do least! an Achta Fost-Cheannaigh, 1946.

Rite ag dha Theoch an Oireachtais, 2 Meitheamh, 1960.

BAILE ATHA CLIATH:▲RNA FHOILSlU AG OIFIG AN tSOLATHAIR.

L« noannnrh direach 6n Oifig Dlolta Foilseaeh&n Rialtaie An Stuara, Ard Oifig an Phoist, Baile Atha Cliath, n6 tri

aon dioltoir leabhar

C16-bhuailte ag Cahill & Co., Ltd

[Luach: SciUing Qian.]

HIRE-PURCHASE (AMENDMENT) BILL, 1957.

BILLentitled

An Act to amend the law with respect to the hire-purchase, sale upon credit and letting of goods and for that purpose to amend the Hire-Purchase Act, 1946.

Passed by both Houses of the Oireachtas, 2nd June, 1960.

DUBLINPUBLISHED BY THE STATIONERY OFFICE.

To be purchased through any bookaeUer, or direotly from the Government Publications Sale Offloe,

G.P.O. Arcade, Dublin.

Printed by Cahill A Co., Ltd.

[Price: One Shilling.]

Wt. C23649/G/6—675. 6/60. C.&C0. (43i6).G.i6.

an bille fruilcheannaigh (leasu), 1957

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