Amendment Paper as at
Monday 1st November 1999
CONSIDERATION OF BILL
CONTRACTS (RIGHTS OF THIRD PARTIES) BILL [LORDS]
NEW CLAUSES
Arbitration provisions
Mr David Lock
NC1
To move the following Clause:—
'.—(1) Where—
(a) a right under section 1 to enforce a term ("the substantive term") is subject to a term providing for the submission of disputes to arbitration ("the arbitration agreement"), and
(b) the arbitration agreement is an agreement in writing for the purposes of Part I of the Arbitration Act 1996,
the third party shall be treated for the purposes of that Act as a party to the arbitration agreement as regards disputes between himself and the promisor relating to the enforcement of the substantive term by the third party.
(2) Where—
(a) a third party has a right under section 1 to enforce a term providing for one or more descriptions of dispute between the third party and the promisor to be submitted to arbitration ("the arbitration agreement"),
(b) the arbitration agreement is an agreement in writing for the purposes of Part I of the Arbitration Act 1996, and
(c) the third party does not fall to be treated under subsection (1) as a party to the arbitration agreement,
the third party shall, if he exercises the right, be treated for the purposes of that Act as a party to the arbitration agreement in relation to the matter with respect to which the right is exercised, and be treated as having been so immediately before the exercise of the right.'.
Northern Ireland
Mr David Lock
NC2
To move the following Clause:—
'.—(1) In its application to Northern Ireland, this Act has effect with the modifications specified in subsections (2) and (3).
(2) In section 6(2), for "section 14 of the Companies Act 1985" there is substituted "Article 25 of the Companies (Northern Ireland) Order 1986".
(3) In section 7, for subsection (3) there is substituted—
"(3) In Articles 4(a) and 15 of the Limitation (Northern Ireland) Order 1989, the references to an action founded on a simple contract and an action upon an instrument under seal shall respectively include references to an action brought in reliance on section 1 relating to a simple contract and an action brought in reliance on that section relating to a contract under seal.".
(4) In the Law Reform (Husband and Wife) (Northern Ireland) Act 1964, the following provisions are hereby repealed—
(b) in section 6, in subsection (1)(a), the words "in the case of section 4" and "and in the case of section 5 the contracting party" and, in subsection (3), the words "or section 5".'.
Mr David Lock
2
Page 5, line 4 [Clause 6], after '2', insert 'or 3'.
Mr David Lock
1
Page 5, line 18 [Clause 7], leave out subsection (4).
Mr David Lock
3
Page 5, line 41 [Clause 8], leave out subsection (4) and insert—
'(4) This Act extends as follows—
(a) section (Northern Ireland) extends to Northern Ireland only;
(b) the remaining provisions extend to England and Wales and Northern Ireland only.'.
