Part 2Discrimination on grounds of religion or belief
Enforcement
72Validity and revision of contracts
1
A term of a contract is void where—
a
its inclusion renders the making of the contract unlawful by virtue of this Part,
b
it is included in furtherance of an act which is unlawful by virtue of this Part, or
c
it provides for the doing of an act which would be unlawful by virtue of this Part.
2
Subsection (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against a party to the contract; but the term shall be unenforceable against that party.
3
A term in a contract which purports to exclude or limit a provision of this Part is unenforceable by a person in whose favour the term would operate apart from this subsection.
4
Subsection (3) does not apply to a contract settling a claim under section 66.
5
On the application of a person interested in a contract to which subsection (1) applies, a county court or sheriff court may make an order for removing or modifying a term made unenforceable by that subsection; but an order shall not be made unless all persons affected—
a
have been given notice of the application (except where notice is dispensed with in accordance with rules of court), and
b
have been afforded an opportunity to make representations to the court.
6
An order under subsection (5) may include provision in respect of a period before the making of the order.