PART III Discrimination in Other Areas

Enforcement, etc.

E126 Validity and revision of certain agreements.

F11

Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to—

a

require a person to do anything which would contravene any provision of, or made under, this Part,

b

exclude or limit the operation of any provision of this Part, or

c

prevent any person from making a claim under this Part.

F21A

Subsection (1) does not apply to—

a

any term in a contract for the provision of employment services;

b

any term in a contract which is a group insurance arrangement; or

c

a term which—

i

is in an agreement which is not a contract of either of those kinds, and

ii

relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance.

2

Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.

3

On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

4

No such order shall be made unless all persons affected have been—

a

given notice of the application; and

b

afforded an opportunity to make representations to the court.

5

Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.

6

An order under subsection (3) may include provision as respects any period before the making of the order.