Hiring, Hire-Purchase and Credit Sale Order, 1956.

• Jurisdiction: Ireland
• Citation: IR SI 46/1956
• Year: 1956

S.I. No. 46 of 1956.

HIRING, HIRE-PURCHASE AND CREDIT SALE ORDER, 1956.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942), (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), hereby order as follows : 1. This Order may be cited as the Hiring, Hire-Purchase and Credit Sale Order, 1956. 2.—(1) This Order applies to agreements entered into after the date of this Order.

(2) Where an agreement entered into on or before the date of this Order is varied after that date by the inclusion of goods not comprised therein before the variation or by the alteration of any term of the agreement in a manner prohibited by this Order, then, this Order shall apply to the agreement as so varied. 3. Any word or expression used in this Order to which a particular meaning is assigned by the Hire-Purchase Act, 1946 (No. 16 of 1946), has in this Order the meaning so assigned to it. 4.—(1) An owner of goods shall not be entitled to enforce a hire-purchase agreement or any contract of guarantee relating thereto or any right to recover the goods from the hirer, and no security given by the hirer in respect of money payable under the hire-purchase agreement or given by a guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the hirer or guarantor by any holder thereof, unless—

(a) a minimum deposit has been paid by the hirer before entering into the agreement of an amount calculated at the percentage set out in the First Schedule hereto of the price at which the goods may be purchased by him for cash, and the period of payment provided by the agreement is not greater than the relevant period set out in the said Schedule, and

(b) the note or memorandum of the agreement contains a statement to that effect.

(2) A person who has sold goods by a credit-sale agreement shall not be entitled to enforce the agreement or any contract of guarantee relating thereto, and no security given by the buyer in respect of money payable under the credit-sale agreement or given by a guarantor in respect of money payable under such a contract of guarantee as aforesaid shall be enforceable against the buyer or guarantor by any holder thereof, unless —

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