S.I. No. 183/1961:

HIRE-PURCHASE AND CREDIT-SALE (ADVERTISING) ORDER, 1961.

HIRE-PURCHASE AND CREDIT-SALE (ADVERTISING) ORDER, 1961.

I, JOHN LYNCH, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 6 of the Hire-Purchase (Amendment) Act, 1960 (No. 15 of 1960), hereby order as follows:

1. This Order may be cited as the Hire-Purchase and Credit-Sale (Advertising) Order, 1961.

2. This Order shall come into operation on the 1st day of April, 1962.

3. In this Order " advertisement " includes every form of visual advertisement or announcement, whether or not accompanied by spoken words or other sounds, and includes an advertisement or announcement contained in photographs, cinematograph films or slides, or television pictures, but does not include any form of advertisement or announcement consisting only of spoken words with or without other sounds.

4. This Order applies to any advertisement that--

( a ) (i) relates to goods offered or available for sale by way of hire-purchase agreement, and

(ii) includes any one or more of the following:

(I) an indication that the agreement would not provide for the payment of a deposit by the hirer before delivery of the goods to the hirer,

(II) an indication that the agreement would provide for the payment of a deposit by the hirer before delivery of the goods to the hirer whether or not the advertisement includes an indication in any manner of the amount of the deposit,

(III) if the whole or part of the hire-purchase price of the goods would be payable under the agreement by instalments, an indication in any manner of the amount of any one or more of the instalments,

(IV) an indication of the number of the instalments (if any) aforesaid,

(V) an indication of the length of the intervals between the times at which the instalments (if any) aforesaid would be payable,

(VI) an indication of the time that would be provided under the agreement for payment of the hire-purchase price, or

( b ) (i) relates to goods offered or available for sale by way of credit-sale agreement, and

(ii) includes any one or more of the following:

(I) an indication that the agreement would not provide for the payment of a deposit by the buyer before delivery of the goods to the buyer,

(II) an indication that the agreement would provide for the payment of a deposit by the buyer before delivery of the goods to the buyer, whether or not the advertisement includes an indication in any manner of the amount of the deposit,

(III) an indication in any manner of the amount of any one or more of the instalments by which the total purchase price would be payable under the agreement,

(IV) an indication of the number of the instalments aforesaid,

(V) an indication of the length of the intervals between the times at which the instalments aforesaid would be payable,

(VI) an indication of the time that would be provided under the agreement for payment of the total purchase price.

5. (1) Subject to paragraph (2) of this Article, no person shall publish or display, or cause to be published or displayed, an advertisement to which this Order applies unless the advertisement complies with the provisions of this Order.

(2) The publication or display by any person of an advertisement to which this Order applies and which does not comply with the provisions of this Order shall not be a contravention of the provisions of this Order if--

( a ) the advertisement does not relate to goods sold in the course of business by that person or by his employer, and

( b ) the advertisement was not prepared or devised, wholly or partly, by that person or a person subject to his direction or control, and

( c ) the advertisement was not selected, wholly or partly, by that person or a person subject to his direction or control.

6. (1) An advertisement to which this Order applies shall include:

( a ) a statement of the price at which the goods to which the advertisement relates may be purchased for cash,

( b ) in case the goods are offered for sale by hire-purchase agreement--

(i) a statement of the hire-purchase price payable under the agreement, and

(ii) (I) a statement of the deposit payable under the agreement by the hirer before delivery of the goods aforesaid to the hirer, or

(II) a statement that no deposit would be payable under the agreement by the hirer before delivery of the goods aforesaid to the hirer,

and

(iii) if the hire-purchase price would be payable by instalments--

(I) a statement of the amount in cash of each instalment aforesaid,

(II) a statement of the total number of instalments aforesaid payable,

(III) a statement of the length of the intervals between the times at which the instalments aforesaid would be payable, and

(IV) a statement of the number of instalments (if any) that would be payable before delivery of the goods aforesaid to the hirer,

and

( c ) in case the goods are offered for sale by credit-sale agreement--

(i) a statement of the total purchase price payable under the agreement, and

(ii) (I) a statement of the deposit payable under the agreement by the buyer before delivery of the goods aforesaid to the buyer, or

(II) a statement that no deposit would be payable under the agreement by the buyer before delivery of the goods aforesaid to the buyer,

and

(iii) a statement of the amount in cash of each instalment by which the total purchase price would be payable, and

(iv) a statement of the total number of instalments aforesaid payable, and

(v) a statement of the length of the intervals between the times at which the instalments aforesaid would be payable, and

(vi) a statement of the number of instalments aforesaid (if any) that would be payable before delivery of the goods aforesaid to the buyer.

(2) The statements referred to in paragraph (1) of this Article shall be set out in the advertisement clearly, legibly and in such manner as will ensure that no statement is given undue prominence in comparison with any other statement.

7. Where an advertisement to which this Order applies relates to goods that are offered for sale--

( a ) alternatively by way of a hire-purchase agreement or credit-sale agreement,

( b ) alternatively by way of one of a number of different hire-purchase agreements or one of a number of different credit-sale agreements,

( c ) alternatively by way of one of a number of different hire-purchase agreements, or

( d ) alternatively by way of one of a number of different credit-sale agreements,

the statements referred to in Article 6 of this Order shall be set out in the advertisement in such manner as to distinguish clearly between the statements relating to each agreement.

8. Where an advertisement to which this Order applies is contained in a cinematograph film or slide or television picture--

( a ) the statements referred to in Article 6 of this Order shall be included in the advertisement in visual form, and

( b ) in determining, in relation to the advertisement, whether the provisions of Article 6 of this Order have been complied with, regard shall be had, as well as to the contents of the advertisement, to the period of time during which the advertisement is displayed or, if different parts of the advertisement are displayed successively, to the period of time during which each part is displayed and to the aggregate of the periods during which the parts are displayed.

GIVEN under my Official Seal, this 25th day of August, 1961.

(Signed) JOHN LYNCH,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This Order prescribes the information to be given in visual advertisements relating to goods for sale by way of hire-purchase or credit-sale regarding the terms on which the goods will be sold.