Advertisements (Hire-Purchase) (Isle of Man) Act 1966

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1966/1966-0001/AdvertisementsHire-PurchaseIsleofManAct1966_1.pdf
Published: 2012-09-01

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Advertisements (Hire-Purchase) (Isle of Man) Act 1966

c i e
AT 1 of 1966

ADVERTISEMENTS (HIRE-PURCHASE)

(ISLE OF MAN) ACT 1966

Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Index


c AT 1 of 1966 Page 3

c i e
ADVERTISEMENTS (HIRE-PURCHASE) (ISLE OF

MAN) ACT 1966

Index Section Page

1 Advertisements to which Act applies .......................................................................... 5
2 Information to be included in advertisements to which Act applies ...................... 6
3 Information as to rate of interest or charge ................................................................. 8
4 Penalties ........................................................................................................................... 8
5 Interpretation ................................................................................................................... 9
6 Short title and commencement ................................................................................... 11
SCHEDULE 13

FORMULA FOR CALCULATING RATE OF INTEREST OR CHARGE 13
ENDNOTES 15

TABLE OF LEGISLATION HISTORY 15
TABLE OF RENUMBERED PROVISIONS 15
TABLE OF ENDNOTE REFERENCES 15

Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Section 1


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c i e
ADVERTISEMENTS (HIRE-PURCHASE) (ISLE OF

MAN) ACT 1966

Received Royal Assent: 22 June 1966
Passed: 13 July 1966
Commenced: 5 July 1966
AN ACT
to make provision as to the information to be included in
advertisements displayed or issued in connection with hire-purchase or credit
sale; and for purposes connected with the matter aforesaid.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Advertisements to which Act applies

[1957/1; 1964/30]
(1) This Act applies to any advertisement of any goods as being goods
available for disposal by way of hire-purchase or credit sale, if the
advertisement includes any one or more of the elements mentioned in
the next following subsection and is not an advertisement falling within
subsection (3) of this section.
(2) The said elements are —
(a) an indication that a deposit is payable, consisting of or including
either an indication of the amount of the deposit or an indication
that it is a fraction specified in the advertisement, whether the
amount of which it is a fraction is specified in the advertisement
or not;
(b) words indicating that no deposit is payable;
(c) an indication of the amount of any one or more of the instalments
payable;
(d) a fraction represented as being the rate of interest or rate of charge
to be borne by the hirer or buyer in hiring or purchasing goods in
accordance with the advertisement;
(e) a sum stated as the hire purchase price or total purchase price of
the goods.
Section 2 Advertisements (Hire-Purchase) (Isle of Man) Act 1966


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(3) An advertisement of goods as being goods available for disposal by way
of credit sale is not an advertisement to which this Act applies,
notwithstanding that it includes one or more of the elements mentioned
in the last preceding subsection, if —
(a) it does not advertise any goods as being available for disposal by
way of hire-purchase, and
(b) the terms of credit sale set out in the advertisement are such that
no single article could be disposed of in accordance with those
terms at a total price exceeding five pounds.
(4) For the purposes of this Act —
(a) a fraction stated in an advertisement shall be taken to be
represented therein as mentioned in subsection (2)(d) of this
section if it is stated in the advertisement in such a way that it
could reasonably be understood to be so represented;
(b) a sum indicated in an advertisement (whatever the words used)
as being the total amount which, on a hire-purchase or credit sale
of any goods, would be payable by the hirer or buyer shall be
taken to be stated therein as the hire-purchase price or total
purchase price of the goods.
2 Information to be included in advertisements to which Act applies

[1957/2]
(1) An advertisement to which this Act applies shall not be displayed or
issued unless it includes all the information required by this Act, and
each part of that information is displayed clearly in the advertisement, in
such a way as not to give undue prominence to any part of it in
comparison with any other part.
(2) Where an advertisement contains details of payments in respect of any
goods, then, in so far as it relates to those goods, the information
required by the Act is the following, that is to say, —
(a) either —
(i) the amount of the deposit directly expressed, or
(ii) a statement that the amount of the deposit is a fraction
specified in the advertisement of a sum the amount of
which is directly expressed therein, or
(iii) a statement that no deposit is payable;
(b) the amount of each instalment directly expressed;
(c) the total number of instalments payable;
(d) the length of the period in respect of which each instalment is
payable;
(e) if any instalments are payable before delivery of the goods, the
number of instalments so payable;
Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Section 2


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(f) a sum stated as the cash price of the goods; and
(g) a sum stated as the hire-purchase price or total purchase price of
the goods and being, in either case, the amount (directly
expressed) of the aggregate of the amount of the deposit (if any)
and of all the instalments payable.
(3) In so far as an advertisement to which this Act applies relates to goods in
respect of which the advertisement does not contain details of payments,
the information required by this Act is that specified in the last preceding
subsection, subject to the following modifications, that is to say —
(a) with regard to the deposit, the information required by this Act
(instead of that specified in paragraph (a) of the last preceding
subsection) is either —
(i) a statement that the amount of the deposit is a fraction
specified in the advertisement of a price or sum the nature
of which is clearly indicated in the advertisement, or
(ii) a statement that no deposit is payable, and
(b) paragraphs (b), (f) and (g) of the last preceding subsection shall
not apply.
(4) For the purposes of this Act an advertisement shall be taken to contain
details of payments in respect of any goods if it specifies the amount of
the deposit payable in respect of those goods, or of any one or more of
the instalments so payable, and that amount is directly expressed in the
advertisement or if it states a sum as the hire-purchase price or total
purchase price of those goods.
(5) Without prejudice to the generality of subsection (1) of this section, in the
case of an advertisement of goods —
(a) as being goods available for disposal alternatively by way of hire-
purchase or by way of credit sale, or
(b) as being goods available for disposal in accordance with two or
more alternative schemes of hire-purchase, or two or more
alternative schemes of credit sale,
the information required by this Act shall not be taken to be displayed
clearly in the advertisement if it is not displayed so as to distinguish
clearly between the information applicable to hire-purchase and the
information applicable to credit sale, or, as the case may be, so as to
distinguish clearly between the information applicable to each of the
schemes of hire-purchase or credit sale respectively.
Section 3 Advertisements (Hire-Purchase) (Isle of Man) Act 1966


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3 Information as to rate of interest or charge

[1964/32]
(1) An advertisement to which this Act applies which, in relation to any
goods, contains a fraction represented as mentioned in section 1 (2) (d) of
this Act shall not be displayed or issued unless —
(a) the advertisement contains details of payments in respect of those
goods;
(b) in so far as it relates to those goods, the instalments are expressed
in the advertisement as being instalments of equal amounts and
payable in respect of equal periods; and
(c) the fraction so represented in the advertisement is expressed as a
specified amount per cent. per annum and the amount so
specified is not less than an amount calculated in accordance with
the prescribed formula.
(2) In paragraph (c) of the preceding subsection ‘the prescribed formula’
means the formula set out in the Schedule to this Act (being a formula for
calculating a rate of interest or charge on the basis of so much of the cash
price, less any deposit, as remains outstanding after each instalment is
paid).
(3) For the purposes of this section any period of a calendar month shall be
taken to be equal to any other period of a calendar month.
(4) This section shall have effect without prejudice to any requirement
imposed by section two of this Act.
4 Penalties

[1957/3]
(1) Subject to the provisions of this section, any person who displays or
issues an advertisement in contravention of the provisions of section two
or section three of this Act, or causes an advertisement to be displayed or
issued in contravention of those provisions, shall be guilty of an offence
and liable on summary conviction to a fine not exceeding £1,000.1

(2) Where a person is charged with an offence under this Act, it shall be a
defence to prove —
(a) that the matters contained in the advertisement did not relate to
anything to be done in the course of a business carried on by
him; and
(b) that the matters so contained were not (wholly or in part) devised
or selected by him or by any other person under his direction
or control.
(3) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
be attributable to any neglect on the part of any director, manager,
Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Section 5


c AT 1 of 1966 Page 9

secretary or other similar officer of the body corporate or any person
who was purporting to act in any such capacity, he as well as the body
corporate shall be guilty of that offence and shall be liable to be
proceeded against and punished accordingly:
Provided that, for the purposes of the application of subsection (2) of this
section to any proceedings, in so far as they are brought against a person
by virtue of this subsection in respect of an offence committed by a body
corporate, references in paragraphs (a) and (b) of that subsection to the
person charged shall be construed as references to the body corporate.
(4) In this section ”director”, in relation to a body corporate established by
or under any enactment for the purpose of carrying out under public
ownership any industry or part of an industry or undertaking, being a
body corporate whose affairs are managed by its members, means a
member of that body corporate.
5 Interpretation

(1) In this Act, except in so far as the context otherwise requires, the
following expressions have the meanings hereby assigned to them
respectively, that is to say: —
“advertisement
” includes every visual form of advertising (whether or not
accompanied by spoken words or other sounds), whether in a
publication, or by the display of notices, or by means of catalogues, price
lists, labels, cards or other documents, or by the exhibition of
cinematograph films or photographs, or by way of television, or in any
other way, but does not include any form of advertising consisting only
of spoken words with or without other sounds;
“credit sale
” means the sale of goods in pursuance of an agreement under
which the whole or part of the purchase price is payable by instalments;
“deposit
” includes any initial payment to be made before or at the time of
entering into an agreement;
“directly expressed
” means expressed (whether in words or figures or both),
otherwise than as a fraction of, or by reference to, some other amount;
“disposal
”, in relation to goods, includes —
(a) the disposal of the ownership of the goods, or of any proprietary
interest in them, or of the right to possession of the goods, and
(b) the disposal of the possession of the goods, whether or not
accompanied by any disposal of the ownership of the goods, or of
any proprietary interest in them, or of the right to possession of
them;
“fraction
” includes a proportion expressed as a percentage or in any other way;
Section 5 Advertisements (Hire-Purchase) (Isle of Man) Act 1966


Page 10 AT 1 of 1966 c

“goods
” includes vehicles, vessels, aircraft and animals, and generally includes
articles of any description;
“hire-purchase
” means the bailment of goods in pursuance of an agreement
under which the bailee may buy the goods or under which the property
in the goods will or may pass to the bailee, whether on the performance
of any act by the parties to the agreement or any of them or in any other
circumstances.
(2) In the case of any advertisement contained in a cinematograph film or in
a television programme —
(a) for the purposes of section one of this Act, and for the purpose of
determining under section two of this Act whether the
advertisement contains details of payments in respect of any
goods, anything included in any spoken words or other sounds
by which the advertisement is accompanied shall be taken to form
part of the advertisement;
(b) for the purposes of section two of this Act, other than the purpose
mentioned in the preceding paragraph, information shall be taken
not to be included in the advertisement unless it is contained in it
in a visual form;
(c) in determining, for the purposes of subsection (1) of section two of
this Act, whether each part of the information required by this Act
is displayed clearly in the advertisement, in such a way as not to
give undue prominence to any part of it in comparison with any
other part, regard shall be had to the length of time for which the
advertisement is displayed (or, if different parts of the
advertisement are displayed successively, to the length of time
taken by each of them and to the aggregate length of time taken
by them all) as well as to the contents of the advertisement.
(3) For the purposes of this Act it is immaterial whether any information
included in an advertisement does or does not correspond with the terms
on which goods to which the advertisement relates are in fact disposed
of; and accordingly —
(a) for the purposes of subsection (2) of section one of this Act, and of
subsection (4) of section two of this Act, an advertisement shall be
taken to specify the amount of a deposit or instalment if it
specifies an amount as being the amount of the deposit or
instalment in question, and
(b) in so far as any provision of this Act requires information as to an
amount or number, or the length of a period, to be included in an
advertisement, that provision (subject to compliance with any
requirement of this Act as to the manner in which any such
information is to be expressed or displayed) shall be taken to be
complied with if the advertisement specifies an amount or
number, or length of period, as being the amount or number in
Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Section 6


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question or the length of the period in question, as the case
may be.
6 Short title and commencement

(1) This Act may be cited as the Advertisements (Hire-Purchase) (Isle of
Man) Act, 1966.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys,
but shall take effect on and from the 5th day of July, 1966.
Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Schedule



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Schedule

FORMULA FOR CALCULATING RATE OF INTEREST OR CHARGE

Section 3
1. The provisions of this Schedule shall have effect for the purposes of the
application of section 3 of this Act to an advertisement.
2. Let m be the number by which the period in respect of which in accordance with
the advertisement, each instalment is payable must be multiplied in order to be equal
to a period of twelve months.
3. Let d be the amount of the difference between —
(a) the sum stated in the advertisement in accordance with section 2
(2) (g) of this Act, and
(b) the sum stated in the advertisement as the cash price of the goods.
4. Let p be the amount of the difference between —
(a) the sum stated in the advertisement as the cash price of the goods,
and
(b) the amount of the deposit (if any) as stated in the advertisement, if
that amount is directly expressed therein, or, if it is not so
expressed, the amount of the deposit (if any) calculated in
accordance with the statement in the advertisement,
or, if it is stated in the advertisement that no deposit is payable, let
p be the amount of the cash price.
5. Let n be the number specified in the advertisement as the total number of
instalments payable.
6. The formula referred to in subsection (2) of section 3 of this Act is —

( ) ( )

Advertisements (Hire-Purchase) (Isle of Man) Act 1966 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Fines Act 1986 Sch 2.