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

Hire-purchase agreements U.K.

[F1 15 Supplementary. U.K.

(1) In sections 8 to 14 above and this section—

• “ business ” includes a profession and the activities of any government department (including a Northern Ireland department), [F2 or local or public authority ] ;

• “ buyer ” and “ seller ” includes a person to whom rights and duties under a conditional sale agreement have passed by assignment or operation of law;

• F3 . . .

• “ 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;

• [F4 “ 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) ]

• “ creditor ” means the person by whom the goods are bailed or (in Scotland) hired under a [F5 relevant hire-purchase agreement ] or the person to whom his rights and duties under the agreement have passed by assignment or operation of law; and

• “ hire-purchase agreement ” means an agreement, other than 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,

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

(iii) the happening of any other specified event.

[F6 and a hire-purchase agreement is relevant if it is not a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies;]

• F7 . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 ( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in sections 8 to 13 above shall prejudice the operation of any other enactment including any enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly or any rule of law whereby any [F9 term], other than one relating to quality or fitness, is to be implied in any [F5 relevant hire-purchase agreement].]

Textual Amendments

F1 S. 15 substituted by Consumer Credit Act 1974 (c. 39), s. 192(3)(4), Sch. 4 para. 36

F2 Words substituted by Unfair Contract Terms Act 1977 (c. 50), Sch. 3

F3 Words in s. 15(1) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(9)(a), Sch. 3 (with s. 8(3))

F4 Definition of “consumer sale” substituted by Sale of Goods Act 1979 (c. 54, SIF 109:1), s. 63, Sch. 2 para. 17

F5 Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 2; S.I. 2015/1630, art. 3(g) (with art. 6(1))

F6 Words in s. 15(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 7(2)(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F7 Words in s. 15(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 7(2)(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F8 S. 15(3) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 7(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F9 Word in s. 15(4) substituted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(9)(c) (with s. 8(3))