Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 15, line 5, after “contract” ” to insert “(other than in Part 5)

These amendments are straightforward. They are technical amendments aimed at clarifying the meaning of "sales contract". The definition of that term in section 2(1) states it "has the meaning assigned to it by section 11(1)". However, while the main definition of sales contract is in section 11(1), section 10(1) states that the term includes:

(a) a contract concluded between one part-owner and another, and

(b) a contract for the sale of goods to be produced or manufactured by the trader, including goods made to the consumer’s specifications.

As a result, the cross-reference to section 11(1) in the definition of "sales contract" in section 2(1) is too narrow.

Amendments Nos. 1 and 2 refer to minor technical changes. Amendment No. 3 deletes the term "or supply" from section 2(4), which states: "A reference in this Act to the sale or supply of goods includes a reference to the transfer of, or an undertaking to transfer, the ownership of those goods." The reference to the supply of goods in the subsection is incorrect and should be deleted as the supply of goods is generally understood to encompass transactions, such as hire purchase agreements, under which ownership of the goods will not or may not be transferred. Amendment No. 8 removes the provision in section 10 which states what a sales contract includes. Amendment No. 9 makes a minor technical change. Amendment No. 10 follows amendment No. 8 in that it transfers the provision which describes what a sales contract includes into section 11.

Section 12 is subject to a number of clarifying and technical amendments which will ensure accurate transposition of the sale of goods directive Article 3(3) and Article 10(3). These amendments are not policy-driven. Amendment No. 11 adds text to section 12(2)(a) to ensure the subsection clarifies that, in line with the requirements of the sale of goods directive, the digital content or digital services element of such contracts comes within the scope of Part 2. Amendment No. 12 makes a technical change. Amendment No. 13 is a minor technical amendment, necessary to clarify that the contracts referred to in section 12(2)(b) do not include contracts for the sale of goods with digital elements. Amendment No. 14 is a typographical correction. The purpose of amendment No. 15 is to delete section 12(2)(c), which obscures the fact that the contracts referred to are sales contracts, and to replace it with a new subsection (3), to make it clear that contracts for goods with digital elements are to be regarded as sales contracts, irrespective of whether the digital content or service is supplied by the trader or someone else and where the digital content or service is incorporated or interconnected in such a way that its absence would prevent the goods from functioning.

Amendment No. 16 substitutes the word "single" for "sales" to give correct effect to Article 10(3) of the sales directive. Amendment No. 17 is related to these matters and inserts the word "sales" before the word "contract". Amendment No. 18 makes a further minor clarifying change.