Hire-Purchase Act, 1946

Application of Act in relation to existing agreements.

21.—(1) The following sections of this Act shall, to the extent hereinafter specified, apply in relation to all hire-purchase agreements whether made before or after the commencement of this Act, that is to say:

(a) section 10 of this Act, so far as it relates to payments made after the commencement of this Act,

(b) sections 12 and 16 of this Act, so far as they relate to the recovery of possession of goods after the commencement of this Act,

(c) sections 11 , 13 , 14 , 15 , 16 and 20 of this Act, so far as they relate to actions commenced after the commencement of this Act,

(d) subsection (1) of section 17 of this Act, so far as it relates to orders made after the commencement of this Act, and subsection (2) of the said section so far as it relates to agreements determined or actions commenced, as the case may be, after the commencement of this Act, and

(e) section 18 of this Act, so far as it relates to a refusal to give up possession of goods after the commencement of this Act.

(2) Where goods have been let under a hire-purchase agreement made before the commencement of this Act, and the owner has, as part of the consideration for the hire-purchase price, carried out in relation to those goods any installation within the meaning of the last foregoing section, then, if the owner has served upon the hirer a notice specifying a sum not exceeding the expense actually incurred by the owner in respect of the installation, section 12 , 13 and 16 of this Act, so far as by virtue of the last foregoing subsection they apply in relation to that agreement, shall, as respects the recovery of possession of goods after the expiration of twenty-eight days from the service of the notice, and as respects actions commenced after the expiration of the said period, have effect as if for the references in the said sections to one-third of the hire-purchase price there were substituted references to the aggregate of the said sum and one-third of the amount which remains after deducting that sum from the hire-purchase price.

(3) Save as aforesaid this Act shall not apply in relation to any hire-purchase agreement or credit-sale agreement made before the commencement of this Act.