House of Lords Amendments - Contracts (Rights of Third Parties) Bill [H.L.]

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Session 1998-99
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Amendments to the Contracts (Rights of Third Parties) Bill [H.L.]

Contracts (Rights of Third Parties) Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Contracts (Rights of Third Parties) Bill [H.L.] to be moved on Report in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 1

BY THE LORD HACKING
THE LORD HOWIE OF TROON

1      Page 1, line 17, leave out ("does not confer") and insert ("confers")

BY THE LORD HACKING

2      Page 1, line 18, leave out from ("contract") to end of line 19 and insert ("on the same conditions (unless otherwise provided in the contract) as available under the contract to the promisee.")

3      Page 1, line 19, at end insert--

    ("(  )  The contract may provide that the third party's right to enforce a term of it is subject to limitations and conditions which do not apply to the promisee.")

BY THE LORD HACKING
THE LORD HOWIE OF TROON

4      Page 1, line 21, after ("any") insert ("substantive")

BY THE LORD HACKING

5      Page 1, line 23, after second ("to") insert ("remoteness and mitigation of")

6      Page 1, line 25, leave out subsection (6)

7      Page 1, line 27, at end insert--

    ("(  )  The third party is bound, in the same manner as the parties to the contract, to any dispute resolution clause contained in it.")

Clause 2

BY THE LORD CHANCELLOR

8*      Page 2, line 9, leave out ("cancel") and insert ("rescind")

BY THE LORD HACKING

9      Page 2, line 9, leave out ("cancel") and insert ("agree to rescind")

10      Page 2, line 16, at end insert--

("but nothing in this subsection affects any other variation in the performance of a contract")

11      Page 2, line 23, leave out ("cancelled") and insert ("rescinded")

BY THE LORD HACKING
THE LORD HOWIE OF TROON

12      Page 2, line 28, after ("court") insert ("or arbitral tribunal")

13      Page 2, line 33, after ("court") insert ("or arbitral tribunal")

14      Page 2, line 37, after ("court") insert ("or arbitral tribunal")

BY THE LORD CHANCELLOR

15*      Page 2, line 40, after ("conferred") insert ("on the court")

Clause 5

BY THE LORD HACKING
THE LORD HOWIE OF TROON

16      Page 3, line 36, after ("court") insert ("or arbitral tribunal")

Clause 7

BY THE LORD CHANCELLOR

17      Page 5, line 17, at end insert--

    ("(  )  Where--
(a)  a third party has a right under section 1 to enforce a term that disputes between himself and the promisor are to be submitted to arbitration, and

(b)  the term is an agreement in writing for the purposes of Part I of the Arbitration Act 1996,
1996 c. 23.

then, as regards any matter which the third party requires to be referred to arbitration in exercise of the right, Part I of the Arbitration Act 1996 has effect as if the right were under an arbitration agreement in writing (within the meaning of that Part of that Act) between the third party and the promisor.") 1996 c. 23.

BY THE LORD HACKING

18      Page 5, line 20, at end insert--

    ("(5)  Where there is in the contract an arbitration agreement as defined in the Arbitration Act 1996 ("the 1996 Act") between the parties to the contract, they and the third party shall be treated as if they were parties to the arbitration agreement for the purposes of the 1996 Act.")

Clause 8

BY THE LORD CHANCELLOR

19      Page 5, line 23, leave out subsection (2) and insert--

    ("(2)  This Act comes into force on the day on which it is passed but, subject to subsection (2A), does not apply in relation to a contract entered into before the end of the period of six months beginning with that day.

    (2A)  The restriction in subsection (2) does not apply in relation to a contract which--
(a)  is entered into on or after the day on which this Act is passed, and

(b)  expressly provides for the application of this Act.")

© Parliamentary copyright 1999
Prepared 18 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 1
	BY THE LORD HACKING THE LORD HOWIE OF TROON
1	Page 1, line 17, leave out ("does not confer") and insert ("confers")
	BY THE LORD HACKING
2	Page 1, line 18, leave out from ("contract") to end of line 19 and insert ("on the same conditions (unless otherwise provided in the contract) as available under the contract to the promisee.")
3	Page 1, line 19, at end insert-- ("( ) The contract may provide that the third party's right to enforce a term of it is subject to limitations and conditions which do not apply to the promisee.")
	BY THE LORD HACKING THE LORD HOWIE OF TROON
4	Page 1, line 21, after ("any") insert ("substantive")
	BY THE LORD HACKING
5	Page 1, line 23, after second ("to") insert ("remoteness and mitigation of")
6	Page 1, line 25, leave out subsection (6)
7	Page 1, line 27, at end insert-- ("( ) The third party is bound, in the same manner as the parties to the contract, to any dispute resolution clause contained in it.")
	Clause 2
	BY THE LORD CHANCELLOR
8*	Page 2, line 9, leave out ("cancel") and insert ("rescind")
	BY THE LORD HACKING
9	Page 2, line 9, leave out ("cancel") and insert ("agree to rescind")
10	Page 2, line 16, at end insert-- ("but nothing in this subsection affects any other variation in the performance of a contract")
11	Page 2, line 23, leave out ("cancelled") and insert ("rescinded")
	BY THE LORD HACKING THE LORD HOWIE OF TROON
12	Page 2, line 28, after ("court") insert ("or arbitral tribunal")
13	Page 2, line 33, after ("court") insert ("or arbitral tribunal")
14	Page 2, line 37, after ("court") insert ("or arbitral tribunal")
	BY THE LORD CHANCELLOR
15*	Page 2, line 40, after ("conferred") insert ("on the court")
	Clause 5
	BY THE LORD HACKING THE LORD HOWIE OF TROON
16	Page 3, line 36, after ("court") insert ("or arbitral tribunal")
	Clause 7
	BY THE LORD CHANCELLOR
17	Page 5, line 17, at end insert-- ("( ) Where-- (a) a third party has a right under section 1 to enforce a term that disputes between himself and the promisor are to be submitted to arbitration, and
	(b) the term is an agreement in writing for the purposes of Part I of the Arbitration Act 1996,	1996 c. 23.
	then, as regards any matter which the third party requires to be referred to arbitration in exercise of the right, Part I of the Arbitration Act 1996 has effect as if the right were under an arbitration agreement in writing (within the meaning of that Part of that Act) between the third party and the promisor.")	1996 c. 23.
	BY THE LORD HACKING
18	Page 5, line 20, at end insert-- ("(5) Where there is in the contract an arbitration agreement as defined in the Arbitration Act 1996 ("the 1996 Act") between the parties to the contract, they and the third party shall be treated as if they were parties to the arbitration agreement for the purposes of the 1996 Act.")
	Clause 8
	BY THE LORD CHANCELLOR
19	Page 5, line 23, leave out subsection (2) and insert-- ("(2) This Act comes into force on the day on which it is passed but, subject to subsection (2A), does not apply in relation to a contract entered into before the end of the period of six months beginning with that day. (2A) The restriction in subsection (2) does not apply in relation to a contract which-- (a) is entered into on or after the day on which this Act is passed, and (b) expressly provides for the application of this Act.")