Part 10Contracts, etc.

Contracts and other agreements

143Removal or modification of unenforceable terms

1

F1The county court or the sheriff may, on an application by a person who has an interest in a contract or other agreement which includes a term that is unenforceable as a result of section 142, make an order for the term to be removed or modified.

2

An order under this section must not be made unless every person who would be affected by it—

a

has been given notice of the application (except where notice is dispensed with in accordance with rules of court), and

b

has been afforded an opportunity to make representations to the county court or sheriff.

3

An order under this section may include provision in respect of a period before the making of the order.