CORRESPONDENCE
| Author | Mark Adler |
| DOI | http://doi.org/10.1111/j.1468-2230.1975.tb01438.x |
| Published date | 01 November 1975 |
| Date | 01 November 1975 |
Nov.
19751
REVIEWS
727
manner in which they transact their business. This includes discussion
of
the
“
revising
”
functions
of
the second chamber,
so
important in alleviating the
strain upon
a
House
of
Commons which (especially under
a
Labour adminis-
tration)
is
burdened by an ambitious programme
of
controversial legislation.
The second, and more interesting part comprises an original study, based in
part upon unpublished material (including the Crossman Diaries)
of
three
cuuses cCIkbres
in the recent life
of
the Lords: the self-damaging attempt by
Conservative peers to block the Rhodesia Sanctions Order in
1968;
the
wrecking amendment carried against the Government’s House
of
Commons
(Redistribution
of
Seats) Bill in
1969;
and, sandwiched between these two, the
highly instructive saga of the Parliament
(No.
2) Bill, which saw an attempt
to reform the composition and powers
of
the House
of
Lords blocked by an
unlikely coalition
of
dissident backbenchers in the Commons. The Govern-
ment’s embarrassing failure in the latter case
is
plausibly attributed to ,the fact
that
“
departmental responsibility was too diffuse and ministerial roles
confused.”
This study throws important light upon a significant episode in modern
constitutional history and contributes usefully to the debate about the future
of
the House of Lords. In the prevailing mood of radical constitutional
reappraisal (devolution, Bills of Rights, and
so
on) who knows what the
future may have in store for an institution which has
so
often been ridiculed,
ignored
or
written
off
as an effete hangover from another age?
GAVIN DREWRY.
CORRESPOlNDENCE
THE
EDITOR,
THE
MODERN
LAW
REVIEW,
The
Consumer
Credit
Act 1974:
The Trader’s Burden
Dear Sir,
The difficulties now notoriously suffered by the small business man will
be
increased as the full provisions
of
the Consumer Credit Act
1974
[noted in
(1975)
38
M.L.R.
4351
come into force within the course
of
the next year.
Traders affected by the Act will have to grasp and comply with a morass
of
technical detail at the peril of both criminal liability and of serious financial
damage. But apart from the overwhelming administrhtive burden which will
be imposed upon them, they will also be compelled
to
risk irrecoverable loss
at the hands
of
the careless, incompetent or malicious customer. Three
provisions stand out as particularly deserving further comment.
The Secretary
of
State for Prices and Consumer Protection will have the
power under section
16
(5)
to exclude from the sphere
of
the Act certain
small credit agrecments, and others are partly exempted by section
74
(2).
However, no such allowance
is
made for small hire agreements. Thus a com-
mercial but not profitable bailment for which consideration is small
or
merely
technical must be arranged according to the complex documentary and pro-
cedural requirements
of
the Act and the trader must of course be licensed.
The supply
of
goods under a conditional sale agreement or on the basis of
sale
or
return will be inhibited by this rule, as will,
if
consideration is found,
the distribution
of
samples on approval. In these cases the property in the
goods does not pass and
it
cannot be argued that the transaction is one
of
credit (as defined by
s.
9)
and
so
excluded by the provisions referred to above.
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