(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.