Sale of Goods Act 1979

Section 63.

SCHEDULE 2 Consequential Amendments

War Risks Insurance Act 1939 (2 & 3 Geo. 6 c.57)

1 In section 15(1)(e) of the War Risks Insurance Act 1939 for “section sixty-two of the Sale of Goods Act 1893 ” substitute “section 61 of the Sale of Goods Act 1979 ”.

Law Reform (Frustrated Contracts) Act 1943 (6 & 7 Geo. 6 c. 40)

2 In section 2(5)(c) of the Law Reform (Frustrated Contracts Act 1943 for “section seven of the Sale of Goods Act 1893” substitute “section 7 of the Sale of Goods Act 1979 ”

Frustrated Contracts Act (Northern Ireland) 1947 (c.2)

3 In section 2(5)(c) of the Frustrated Contracts Act (Northern Ireland) 1947 for “section seven of the Sale of Goods Act 1893” substitute “section 7 of the Sale of Goods Act 1979 ”.

Hire-Purchase Act 1964 (c. 53)

4 In section 27(5) of the Hire-Purchase Act 1964 (as originally enacted and as substituted by Schedule 4 to the [1974 c. 39.] Consumer Credit Act 1974)—

(a) in paragraph (a) for “section 21 of the Sale of Goods Act 1893” substitute “section 21 of the Sale of Goods Act 1979 ”;

(b) in paragraph (b) for “section 62(1) of the said Act of 1893 ” substitute “section 61(1) of the said Act of 1979 ”.

Hire-Purchase Act 1965 (c. 66)

5 In section 20 of the Hire-Purchase Act 1965—

(a) in subsection (1) for “Section 11(1)(c) of the Sale of Goods Act 1893 ” substitute “Section 11(4) of the Sale of Goods Act 1979 ”;

(b) in subsection (3) for “sections 12 to 15 of the Sale of Goods Act 1893” substitute “sections 12 to 15 of the Sale of Goods Act 1979 ”.

6 In section 54 of the Hire-Purchase Act 1965 for “section 25(2) of the Sale of Goods Act 1893 ” substitute “section 25(1) of the Sale of Goods Act 1979 ”.

7 In Section 58(1) of the Hire-Purchase Act 1965 for “the Sale of Goods Act 1893 ” substitute “the Sale of Goods Act 1979 ”.

Hire-Purchase (Scotland) Act 1965 (c. 67)

8 In section 20 of the Hire-Purchase (Scotland) Act 1965 for “1893 ” substitute “1979 ”.

9 In section 50 of the Hire-Purchase (Scotland) Act 1965 for “section 25(2) of the Sale of Goods Act 1893 ” substitute “section 25(1) of the Sale of Goods Act 1979 ”.

10 In section 54(1) of the Hire-Purchase (Scotland) Act 1965 for “the Sale of Goods Act 1893” substitute “the Sale of Goods Act 1979 ”.

Hire-Purchase Act (Northern Ireland) 1966 (c. 42)

11 In section 20 of the Hire-Purchase Act (Northern Ireland) 1966—

(a) in subsection (1) for “Section 11(1)(c) of the Sale of Goods Act 1893 ” substitute “Section 11(4) of the Sale of Goods Act 1979 ”;

(b) in subsection (3) for “1893 ” substitute “1979 ”.

12 In section 54 of the Hire-Purchase Act (Northern Ireland) 1966 for “section 25(2) of the Sale of Goods Act 1893” substitute “section 25(1) of the Sale of Goods Act 1979 ”.

13 In section 62(5) of the Hire-Purchase Act (Northern Ireland) 1966 (as originally enacted and as substituted by Schedule 4 to the Consumer Credit Act 1974)—

(a) in paragraph (a) for “1893 ” substitute “1979 ”;

(b) in paragraph (b) for “section 62(1) of the said Act of 1893 ” substitute “section 61(1) of the said Act of 1979 ”.

14 In section 65(1) of the Hire-Purchase Act (Northern Ireland) 1966 for “the Sale of Goods Act 1893 ” substitute “the Sale of Goods Act 1979 ”.

Uniform Laws on International Sales Act 1967 (c. 45)

15 For section 1(4) of the Uniform Laws on International Sales Act 1967 substitute the following: —

“(4) In determining the extent of the application of the Uniform Law on Sales by virtue of Article 4 thereof (choice of parties)—

(a) in relation to a contract made before 18 May 1973, no provision of the law of any part of the United Kingdom shall be regarded as a mandatory provision within the meaning of that Article ;

(b) in relation to a contract made on or after 18 May 1973 and before 1 February 1978, no provision of that law shall be so regarded except sections 12 to 15, 55 and 56 of the Sale of Goods Act 1979 ;

(c) in relation to a contract made on or after 1 February 1978, no provision of that law shall be so regarded except sections 12 to 15 of the Sale of Goods Act 1979”.

Supply of Goods (Implied Terms) Act 1973 (c. 13)

16 In section 14(1) of the Supply of Goods (Implied Terms) Act 1973 (as originally enacted and as substituted by Schedule 4 to the [1974 c. 39.] Consumer Credit Act 1974) for “Section 11(1)(c) of the principal Act ” substitute “Section 11(4) of the Sale of Goods Act 1979 ”.

17 For the definition of “consumer sale” in section 15(1) of the Supply of Goods (Implied Terms) Act 1973 substitute—

• “consumer sale” has the same meaning as in section 55 of the Sale of Goods Act 1979 (as set out in paragraph 11 of Schedule 1 to that Act).

Consumer Credit Act 1974 (c.39)

18 In section 189(1) of the Consumer Credit Act 1974, in the definition of “goods”, for “section 62(1) of the Sale of Goods Act 1893 ” substitute “section 61(1) of the Sale of Goods Act 1979 ”.

Unfair Contract Terms Act 1977 (c. 50)

19 In section 6 of the Unfair Contract Terms Act 1977—

(a) in subsection (1)(a) for “section 12 of the Sale of Goods Act 1893 ” substitute “section 12 of the Sale of Goods Act 1979 ”;

(b) in subsection (2)(a) for “section 13, 14 or 15 of the 1893 Act” substitute “section 13, 14 or 15 of the 1979 Act ”.

20 In section 14 of the Unfair Contract Terms Act 1977, in the definition of “goods ”, for “the Sale of Goods Act 1893 ” substitute “the Sale of Goods Act 1979 ”.

21 In section 20(1)(a) and (2)(a) of the Unfair Contract Terms Act 1977 for “1893 ” substitute (in each case) “1979 ”.

22 In section 25(1) of the Unfair Contract Terms Act 1977, in the definition of “goods ”, for “the Sale of Goods Act 1893 ” substitute “the Sale of Goods Act 1979 ”.