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

I move amendment No. 5:

In page 18, to delete lines 35 to 38 and in page 19, to delete lines 1 and 2, and substitute the following: “9.(1) Where, before the day on which section 12(1) comes into operation, a contract was concluded to which Part 2 would apply if it had been concluded on or after that day—

(a) the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 had not been made, and

(b) the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003) shall continue to have effect in relation to the contract notwithstanding the revocation of those Regulations by Part 2 of Schedule 1.

(2) Where, before the day on which section 75(1) comes into operation, a contract was concluded to which Part 4 would apply if it had been concluded on or after that day, the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 inserting a new section 38A into that Act and amending section 47 of it had not been made.”.

Amendments Nos. 5 to 7, inclusive, relate to section 9, which sets out the savings provisions. The amendments are technical in nature and are to preserve any rights and obligations, as well as the ability to bring enforcement proceedings, that the Bill would otherwise repeal. These amendments do not present any policy change.

Amendment No. 5 relates to the Sale of Goods Act 1893, the Sale of Goods and Supply of Services Act 1980 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003. Amendment Nos. 6 and 7 are to correct incorrect cross-references.