xmlns:atom="http://www.w3.org/2005/Atom"
20In section 2, for subsection (6) substitute—
“(6)If as respects goods of any class or description regulations under section 1 above so provide, subsections (1) to (3) above (other than subsection 3(d) and (e)) shall apply in relation to goods of that class or description as if—
(a)references to selling or to a sale included references to—
(i)bailing or (in Scotland) hiring under a hire-purchase agreement, or
(ii)bailing or (in Scotland) hiring under a hire agreement, or
(iii)an agreement to sell under a conditional sale agreement; and
(b)the reference to a sale under a credit-sale agreement were a reference
(i)to a bailment, or a hiring under a hire-purchase agreement, or
(ii)to an agreement to sell under a conditional sale agreement.
Provided that subsections (1) and (2) above shall not apply—
(a)in a case of bailment or hiring under a hire agreement, where the bailment or hiring is incidental to an agreement under which payments are to be made in the form of rent issuing out of land ;
(b)in a case of possession for the purpose of bailment or hiring under a hire agreement, where possession is for the purpose of a bailment or hiring which is incidental to an agreement under which payments are to be made in the form of rent issuing out of land ;
(c)in any case of bailment or hire under a hire agreement, where the bailment or hiring was lawful at the time when it began.”
21In section 5—
(1)After the definition of " component part" insert—
“" 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 ;
" hire agreement " means an agreement for the bailment or (in Scotland) the hiring of goods which is not a hire-purchase agreement;”
(2)for the definition of " credit-sale agreement" substitute—
“" credit sale agreement " means an agreement for the sale of goods, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement;”
(3)for the definition of " hire-purchase agreement" substitute—
“" hire-purchase agreement " means an agreement, other than a conditional sale agreement, under which—
goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
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—
the exercise of an option to purchase by that person,
the doing of any other specified act by any party to the agreement,
the happening of any other specified event;”