3.—(1) On the application of a person interested in a contract to which paragraph 1(1) or (2) applies, a county court or a sheriff court may make such order as it thinks fit for—E+W+S
(a)removing or modifying any term rendered void by paragraph 1(1), or
(b)removing or modifying any term made unenforceable by paragraph 1(2);
but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
(2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after [F1the date on which the inclusion of any term which is the subject of the order becomes unlawful by virtue of these Regulations]).
Textual Amendments
F1Words in Sch. 5 para. 3(2) substituted (30.9.2006) by The Employment Equality (Age) (Amendment) Regulations 2006 (S.I. 2006/2408), regs. 1, 2(6)(b)