Company Law Reform Bill [HL]

moved Amendment No. 337A:"Page 247, line 27, leave out from ““subject”” to end of line 28 and insert ““—" (i)   in England and Wales or Northern Ireland, to section 2(2) or 3(2)(a) of the Unfair Contract Terms Act 1977 (c. 50); (ii)   in Scotland, to section 16(1)(b) or 17(1)(a) of that Act.”” The noble and learned Lord said: This is a technical amendment. On this occasion the subsections of the Unfair Contract Terms Act 1977 that appear in the Bill are simply wrong. This amendment replaces them with the right ones, also bringing in the appropriate Scottish references. The purpose is to disapply the reasonableness test in two pairs of places in the Unfair Contract Terms Act, because Clause 520 is to apply an equivalent freestanding fair and reasonable test. We do not want to find an agreement that passes the test in this Act to be struck down by some general test in the other. That is all I need to say about this amendment. I beg to move.