I move amendment No. 174:
In page 37, subsection (1), line 11, after "proceedings" to insert "or any negotiations connected with those proceedings".
It is common sense after "proceedings" in line 1, page 37 to insert "or any negotiations connected with those proceedings". This section reproduces, to a large extent, the provisions of sections 13 and 14 of the Hire Purchase Act, 1946, and the Hire Purchase (Amendment) Act, 1960.
Under subsection (1), an owner who has started legal proceedings under section 59 to recover possession of goods is prohibited from enforcing or attempting to enforce payment other than in those proceedings. The purpose of this amendment is to allow negotiation settlements between the solicitors for both parties to take place while proceedings are in train. The original draft might have prevented it. Ongoing negotiations take place on many matters and can continue while proceedings are in train. It was put to us by members of the legal profession that the Bill as drafted would rule out that possibility.