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4t4'^r~Qi3#io~i>) RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY 23 FEBRUARY 1996 r RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY 23 FEBRUARY 1996 -V RECORD OF THE MEETING OF THE LEGISLATIVE COUNCIL HELD IN STANLEY ON 23 FEBRUARY 1996 PRESIDENT His Excellency the Governor (Mr Richard Peter Ralph CVO) MEMBERS Ex-Officio The Honourable the Chief Executive (Mr Andrew Murray Gurr) The Honourable the Financial Secretary (Mr Derek Frank Howatl) Elected The Honourable William Robert Luxton (Elected Member for Camp Constituency) The Honourable Eric Miller Goss MBE (Elected Member for Camp Constituency) The Honourable Mrs N Edwards (Elected Member for Camp Constituency) The Honourable Richard James Stevens (Elected Member for Camp Constituency) The Honourable John Birmingham (Elected Member for Stanley Constituency) The Honourable John Edw ard Cheek (Elected Member for Stanley Constituency) The Honourable Mrs Carol Wendy Teggart (Elected Member for Stanley Constituency) The Honourable Mrs Sharon Halford (Elected Member for Stanley Constituency) PERSONS ENTITLED TO ATTEND The Attorney General (Mr David Geoffrey Lang QC) The Commander British Forces Falkland Islands (Commodore A K Backus OBE RN) CLERK: Claudette Anderson PRAYERS: Reverend Canon S Palmer LVO Contents PAPERS LAID ON THE TABLE BY THE HONOURABLE THE CHIEF 1 EXECUTIVE QUESTIONS FOR ORAL ANSWER 1/96 The Honourable W R Luxton 2 (Protection for the Customer against the supply of Goods by a Dealer) 2/96 The Honourable W R Luxton 4 (National Stud Flock Infrastructure at Saladero) 3/96 The Honourable J Birmingham 5 (Firearms held by the Royal Falkland Islands Police) 4/96 The Honourable J Birmingham 7 (Care of the Elderly) 5/96 The Honourable J Birmingham 8 (Hydatid Cysts) 6/96 The Honourable J E Cheek 9 (Removal of Rubbish from Navy Point Camp) 7/96 The Honourable J E Cheek 9 (Water requirements for Stanley after completion of the 100 Unit East Stanley Development) 8/96 The Honourable J E Cheek 11 (Acceptance of “Carries” through the current Licensing Round) 9/96 The Honourable R J Stevens 18 (Import of live cattle, semen and embryos) 10/96 The Honourable R J Stevens 21 (The new Cable & Wireless Earth Station * MOTIONS 22 The Honourable the Chief Executive (The Wearing of Seatbelts) 25 The Honourable Mrs S Halford (Amendment to the Report of the Select Committee on the Review of the Constitution) ORDERS OF THE DAY - BELLS The Supplementary Appropriation 1995/1996 Bill 1996 41 MOTION FOR ADJOURNMENT 42 The Honourable J E Cheek 43 The Honourable E M Goss MBE 44 The Honourable W R Luxton 46 The Honourable J Birmingham 49 The Honourable Mrs N Edwards 50 The Honourable Mrs C W Teggart 53 The Honourable Mrs S Halford 55 Commander British Forces 57 The Honourable the Financial Secretary 57 The Honourable the Chief Executive 61 The President record of the meeting of the legislative council HELD 23 FEBRUARY 1996 His Excellency the Governor privilege and a pleasure for me to be here Honourable Councillors, ladies and gentlemen, it ’s a d privilege is tinged with a certain an to preside over my first Legislative Council My pleasure and certainly one quite delicate apprehension since I understand we re dealing with one or two (V slightly out of a job because, if I am not and controversial issue which actually renders me mistaken.if.he Constitutional review passes I will no longer be your Speaker or you will have a direct vested interest in this. Should 1 declare this Speaker. So I suppose I have, in a sense, a without further ado I believe I should now declare this now and recuse myself7 In any case, Legislative Council open and I do so Clerk of Councils the table by the Honourable the Chief Executive. Copies of subsidiary Papers to be laid on ince the last sitting of the Legislative legislation published in the Falkland Islands Gazette since 34(1) of the Interpretation and General Council and laid on the table pursuant to Section Clauses Ordinance 1977 The Matrimonial Clauses Rules ( Corrections) Order 1995 The Pennine Services Ltd ( Employees) Exemption Order 1995 The Post Office Private Letter Boxes (Amendment) Rules 1995 The Construction and Use (Seat Belts) Regulations Order 1996 The Immigration Ordinance 1987 (Correction) Order 1996 The Notaries Public (Amendment) Rules 1996 The Comissioners for Oaths (Amendment) Rules 1996 Permanent Residence Permits (Applications) Regulations 1996 The 1 Copies of the audited accounts for the Falkland Islands Government and the special funds of the Falkland Islands Government for " year ending 30 June 1995 and laid on the table pursuant to the provisions of Section 57 of the Finance and Audit Ordinance 1988 The Honourable the Chief Executive Your Excellency, Honourable Members, I beg to lay on the table the papers named by the Clerk. Clerk of Councils Questions for Oral answer. QUESTION No. 1/96 BY THE HONOURABLE W R LUXTON Will the Attorney General advise what protection exists for the customer under Falkland Islands Legislation against the supply of goods by a dealer or retailer which do not meet a standard that may reasonably be expected. Will he summarise the options available to a buyer when a dealer or retailer either fails or refuses to repair or replace faulty goods in a reasonable period or refuses a refund. Attorney General Mr President. Although in many cases it will amount to the same thing, the legal obligation is in relation to satisfactory quality rather than the phrase “standard that may be reasonably expected which the Honourable Member uses. In the relevant law satisfactory quality is defined as meaning the standard that . a reasonable person would regard as satisfactory taking account of any description of the goods, the price if relevant and all the other relevant circumstances. With only three exceptions, when somebody sells goods in the way of business and whether they are sold new or second hand, the law implies a term that they are of satisfactory quality. The goods do not necessarily have to be perfect in every way and fit for every possible use, for example a reasonable person might expect a second hand car to have some minor scratches and would not expect the same performance from a Landrover 90 as from a Jaguar XJS. If they are not of satisfactory quality, the buyer’s remedies depend on 2 whether he has accepted the goods or not In law a buyer has accepted the goods if he has told the seller that he accepts them and that must be obvious. Additionally, he has accepted the goods if he does anything in relation to the goods which is inconsistent with the ownership of the seller. However, there will be no acceptance until the buyer has had a reasonable opportunity of examining the goods. The law specifically provides that a buyer is not deemed to have accepted goods merely because he has asked for or agreed to their repair by arrangement with the seller, nor has he automatically lost the right to reject the goods because he has given the goods as a wedding or birthday present. If the buyer has not accepted the goods he can reject the goods when he can refuse to pay for them or require the seller to pay him back the price and claim damages in respect of any loss he has suffered from the goods not being of satisfactory quality. There is no right in law to claim repair or replacement at the seller’s costs although many sellers will in fact offer this. If the buyer has accepted the goods he has no longer any legal rights to reject them so he cannot lawfully refuse to pay for them nor can he require the seller to pay back the price In those circumstances his right is to require the seller to pay damages in respect of any loss he has suffered from the goods not being satisfactory quality However, in practice many sellers will offer to repair the goods at their own expense or replace the goods since the damages claimable are likely to exceed the cost of repair or replacement of the goods. If the buyer cannot get satisfactory response from the seller, he can of course bring legal proceedings, I draw to the attention of Honourable Members that there is a simplified procedure available in small claims, currently those under £1,000 which is intended to make the use of lawyers unnecessary, and that the courts have produced guidance notes in relation to the use of the small claims procedure. This procedure uses simplified forms and requires the use only of plain English, disputed claims are dealt with in a simplified hearing before the Senior Magistrate in which the claimant can represent himself or with the permission of the court be represented by a friend or relative. The Falkland Islands law which I’ve outlined above is in all material respects the same as that of England. That law is regarded as unsatisfactory in a number of respects and a Green Paper on guarantees for consumer goods and after sales service has been published. Tm awaiting developments in relation to that before considering recommending to Honourable Members changes in our own law. 3 The Honourable W R Luxton Thank you Mr Attorney General for a very comprehensive reply which was no less than I expected from yourself I general terms then, do you feel that if someone were to purchase a vehicle and pay for it and accept and find that it ceased to function after a very small mileage, like a couple of hundred miles shall we say, then the buyer would have a good case in law even if he had accepted the goods9 Attorney General Mr President I am not required to answer hypothetical questions but the question that the Honourable Member has asked is one which represents the facts of a case which was decided in an English court some years ago It’s always very difficult in law to determine whether the buyer has accepted the goods or not and this is one of the defects in the present law.