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Select Committee on Enterprise and Economic Strategy debate -
Thursday, 28 Jul 1994

SECTION 64.

Question proposed: "That section 64 stand part of the Bill."

Will the Minister explain the last four lines of section 64?

Is the Deputy talking about the lines which read: "after the right to recover possession of the goods accrued, the owner made a request in writing to the hirer to surrender the goods, the hirer's possession of the goods shall, for the purpose of the owner's claim to recover possession thereof, be deemed to be adverse to the owner."?

Yes. Does it mean that the hirer must make the payments after the commencement of the action?

I believe it is to ground an action indebting a person for the goods and that the refusal to surrender starts the clock running and a person's cause of action to recover the goods runs from that time.

When the owner makes a request in writing to the hirer to surrender the goods, that triggers the adverse action.

It does not arise automatically under the agreement. There must be a separate action.

Something must start that action.

Question put and agreed to.
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