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.