Resale Prices Act 1976

SCHEDULES

Section 7.

SCHEDULE 1 Hire-Purchase Agreements under

PART I

Hire-purchase agreements before amendment by the [1974 c. 39.] Consumer Credit Act 1974

1 (1) This paragraph shall cease to have effect on the making of an order under section 192(4) of the Consumer Credit Act 1974 bringing into operation the amendment contained in paragraph 17 of Schedule 4 to that Act.

(2) In Part I of this Act any reference to selling goods includes a reference to letting goods under a hire-purchase agreement as defined by section 1 of the [1965 c. 66.] Hire-Purchase Act 1965.

(3) In the application of Part I—

(a) to Scotland, for the reference to a hire-purchase agreement as defined by section 1 of the Hire-Purchase Act 1965 substitute a reference to letting under a hire-purchase agreement as denned by section 1 of the [1965 c. 67.] Hire-Purchase (Scotland) Act 1965 or to an agreement to sell under a conditional sale agreement as defined by that section ; and

(b) to Northern Ireland, for the reference to section 1 of the Hire-Purchase Act 1965 substitute a reference to section 1 of the [1966 c. 42 (N.I.).] Hire-Purchase Act (Northern Ireland) 1966.

Hire-purchase agreements after amendment by the Consumer Credit Act 1974

2 (1) This paragraph shall not have effect until the making of an order under section 192(4) of the Consumer Credit Act 1974 bringing into operation the amendment contained in paragraph 17 of Schedule 4 to that Act, and sub-paragraph (2) below (which is in the same terms as that paragraph) shall then give effect to that amendment.

(2) In Part I of this Act any reference to selling goods includes a reference to bailing or (in Scotland) hiring goods under a hire-purchase agreement or to agreeing to sell the goods under a conditional sale agreement.

In this sub-paragraph—

• " 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 ; and

• " hire-purchase agreement " means an agreement, other than a conditional sale agreement, under which—

  (a)

  goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, 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,

  (i)

  the doing of any other specified act by any party to the agreement,

  (ii)

  the happening of any other specified event.

Section 29.

SCHEDULE 2 Transitional Provisions and Savings

General provisions

1 (1) In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act it shall not be invalidated by the repeal but shall have effect as if done under that provision.

(2) Without prejudice to sub-paragraph (1) above, any express or implied reference in and in relation to this Act to a thing done or not done or to an event shall (subject to its context) include a reference to the corresponding thing or event in relation to the repealed enactments.

2 Where a document refers expressly or by implication to an enactment repealed by this Act the reference shall (subject to its context) be construed as a reference to the corresponding provision of this Act.

3 Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, and there is a corresponding provision in this Act, this Act shall have effect as if that corresponding provision had been in force when that period began to run.

Proceedings of the Restrictive Practices Court under repealed enactments

4 Nothing in this Act affects the validity of the decisions and, proceedings of the Restrictive Practices Court under any enactment repealed by this Act, and those decisions and proceedings shall have effect in relation to this Act accordingly.

Section 29.

SCHEDULE 3 Repeals

PART I Consequential repeals

Chapter	Short Title	Extent of Repeal
4 & 5 Eliz. 2. c. 68.	The Restrictive Trade Practices Act 1956.	Part II.
		Sections 35 to 38.
1964 c. 58.	The Resale Prices Act 1964.	Sections 1 to 5.
		In section 6(5) from the beginning to " and ".
		Sections 7, 8(2) and (3) and 10 to 14, and the Schedule.
1968 c. 66.	The Restrictive Trade Practices Act 1968.	Sections 14, 15, 16(3)(b) and 17(1).
1973 c. 41.	The Fair Trading Act 1973.	Section 94(2).
		In section 137(1), the definition of " the Act of 1964 ".
		In Schedule 12, the entries relating to the Resale Prices Act 1964, and to section 12 of the Restrictive Trade Practices Act 1968.
1976 c. 34.	The Restrictive Trade Practices Act 1976.	In Schedule 5, the entry relating to the Restrictive Trade Practices Act 1956.

PART II Repeals of provisions of the Resale Prices Act 1964 and the Restrictive Trade Practices Act 1968 which have ceased to have any effect

Chapter	Short Title	Extent of Repeal
1964 c. 58.	The Resale Prices Act 1964.	Section 6(1) to (4).
		In section 6(5) from " and " to the end.
		Section 6(6).
		Section 8(1).
1968 c. 66.	The Restrictive Trade Practices Act 1968.	Section 12 and Schedule 1.