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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 Amendments to the Contracts (Rights of Third Parties) Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD HACKING
[In substitution for the second amendment to Clause 1
printed on sheet HL Bill 17(a)
]
 
     Page 1, line 18, leave out from ("contract") to end of line 19 and insert ("on the same conditions (unless expressly provided in the contract to the contrary) as available under the contract to the promisee.") 
  
BY THE LORD HACKING
[In substitution for the fifth amendment to Clause 1
printed on sheet HL Bill 17(a)
]
 
     Page 1, line 19, at end insert--
 
    ("(  )  The contract may expressly 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
[In substitution for the fourth amendment to Clause 1
printed on sheet HL Bill 17(a)
]
 
     Page 1, line 23, after second ("to") insert ("remoteness and mitigation of") 
  
BY THE LORD HACKING
 
     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 HACKING
[In substitution for the first amendment to Clause 2
printed on sheet HL Bill 17(a)
]
 
     Page 2, line 9, leave out ("cancel") and insert ("agree to rescind") 
  
BY THE LORD HACKING
[In substitution for the second amendment to Clause 2
printed on sheet HL Bill 17(a)
]
 
     Page 2, line 16, at end insert--
 
("but nothing in this subsection affects any other variation in the performance of a contract")
 
  
BY THE LORD HACKING
 
     Page 2, line 23, leave out ("cancelled") and insert ("rescinded") 
  
Clause 7
 
  
BY THE LORD HACKING
[In substitution for the amendment to Clause 7
printed on sheet HL Bill 17(a)
]
 
     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.")
 
 
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Prepared 1 April 1999