Hire-Purchase and Credit Sale Agreements (Control) Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/942 |
| Year | 1964 |
1964 No. 942
EMERGENCY POWERS
The Hire-Purchase and Credit Sale Agreements (Control) Order 196424thJune 1964
1stJuly 1964
2ndJuly 1964
The Board of Trade in pursuance of the powers conferred upon them by Regulations 55 and 55AA of the Defence (General) Regulations 1939, as having effect by virtue of the Emergency Laws (Repeal) Act 1959(a), hereby order as follows:—
1.—(1) A person shall not dispose of any goods to which this Order applies in pursuance of a hire-purchase or credit sale agreement entered into after the 28th April 1960 (hereinafter called "the said date"), unless the requirements specified in Part I of Schedule 2 hereto are or have been complied with in relation to that agreement.
(2) In any proceedings for an alleged contravention of the provisions of this Article, in which it is alleged that, by virtue of the provisions of Part II of Schedule 2 hereto, the requirement specified in paragraph 3 of Part I of that Schedule was not complied with, it shall, in respect of that allegation, be a defence if the defendant shall prove that at the time of the alleged offence—
(a) he had no reasonable cause to believe that money had been borrowed or otherwise acquired or agreed to be borrowed or otherwise to be acquired for the purpose and in the circumstances mentioned in the said Part II; and
(b) he was not a party to any agreement or arrangement under or as a result of which money could be borrowed or otherwise acquired or agreed to be borrowed or otherwise to be acquired to facilitate the making of payments of the description mentioned in the said paragraph 3.
2. A person shall not, by virtue of a hire-purchase or credit sale agreement entered into after the said date, be in possession of any goods to which this Order applies unless—
(a) that agreement complies with the requirements specified in paragraphs 1 and 2 of Part I of Schedule 2 hereto; and
(b) a payment, complying at the date when the payment was made with the requirements specified in paragraph 3 of Part I of Schedule 2 hereto, was made by him before he entered into the first such agreement (entered into after the said date) under which he held those goods; and
(a) 7 & 8 Eliz. 2. c. 19.
(c) that agreement provides for the payment of the balance due in respect of each description of goods comprised therein either—
(i) by approximately equal instalments at equal intervals spread over a period, commencing with the date of the first such agreement (whether entered into before, on or after the said date) under which he held those goods, not exceeding the period specified in column 3 of Part I of Schedule 1 hereto in relation to that description of goods:
Provided that, where a hire-purchase or credit sale agreement has been varied by the lengthening or shortening of the period over which the balance due thereunder is payable, this sub-head shall be deemed to be complied with in respect of the remainder of that period if the balance remaining at the date of the variation is payable by approximately equal instalments at equal intervals spread over the remainder of that period, or
(ii) in the case of a hire-purchase agreement, by one payment to be made within the period of three months commencing with the date of the first such agreement (whether entered into before, on or after the said date) under which he held those goods.
3.—(1) A person shall not knowingly cause or permit any goods to which this Order applies, owned by him, to be in possession of another person by virtue of a hire-purchase agreement if the possession of those goods by that other person contravenes the provisions of Article 2 hereof.
(2) A person shall not knowingly cause or permit any goods to which this Order applies, owned by him immediately before he enters into a credit sale agreement, to be in possession of another person by virtue of any such agreement if the possession of those goods by that other person contravenes the provisions of Article 2 hereof.
4.—(1) A person shall not knowingly cause or permit another person to be in possession of any goods to which this Order applies in anticipation of the making of a hire-purchase or credit sale agreement in respect of those or other goods to which this Order applies unless, within 14 days of those goods being disposed of to that other person, that other person has made actual payment of an amount, calculated in respect of those goods in accordance with the provisions of paragraph (2) hereof, to the person who has disposed of the goods to him.
(2) The amount to be paid by a person by virtue of paragraph (1) hereof in respect of any goods shall be the percentage, specified in column 2 of Part I of Schedule 1 hereto in relation to the description of goods to which those goods belong, of the price at which, at the date when the goods were disposed of to him, he could have purchased them for cash.
(3) The provisions of Part II of Schedule 2 shall, with the requisite modifications, apply for the purpose of determining whether this Article has been complied with as they apply for the purpose of determining whether the requirement specified in paragraph 3 of Part I of that Schedule has been complied with.
(4) Any payment made by virtue of this Article or of the corresponding provision of the Orders hereby revoked shall not be repaid in whole or in part unless and until the goods in respect of which the payment was made have been returned to the person to whom it was made.
5.—(1) A person shall not enter into any agreement whereby any hire-purchase or credit sale agreement entered into after the said date comprising goods to which this Order applies is varied in either or both of the following respects, that is to say,—
(a) Any payment, made in accordance with the provisions of this Order or of the corresponding provisions of the Orders hereby revoked before the agreement was entered into, is affected;
(b) the period over which the balance due thereunder is payable in respect of goods of any description is lengthened beyond the maximum period provided for in this Order for that description of goods.
(2) A person shall not enter into any agreement whereby a hire-purchase or credit sale agreement entered into whether before, on or after the said date is varied in such manner that that hire-purchase or credit sale agreement comprises after such variation goods to which this Order applies not comprised therein before such variation.
(3) A person shall not enter into any hire-purchase or credit sale agreement which is in substitution for another such agreement entered into whether before, on or after the said date and which—
(a) comprises all or some of the goods comprised in that other agreement; and
(b) comprises goods to which this Order applies but not comprised in that other agreement.
6.—(1) Nothing in Articles 1 and 2 of this Order shall apply to the disposal or possession of any goods under any hire-purchase or credit sale agreement (hereinafter called "the substituted agreement") if—
(a) the substituted agreement is in substitution for a hire-purchase or credit sale agreement, entered into between the same parties, in relation to which the conditions specified in Part II of Schedule 3 hereto are complied with (hereinafter called "the replaced agreement"), and
(b) the requirements specified in Part I of Schedule 3 hereto are or have been complied with in relation to the substituted agreement.
(2) Nothing in Article 5...
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