OpenLegislation

Regulation 25 Validity and revision of contractsI1

Northern Ireland

(1)

A term of a contract is void where —

(a)

its inclusion renders the making of a contract unlawful by virtue of these Regulations; or

(b)

it is included in furtherance of an act which would be unlawful by virtue of these Regulations; or

(c)

it provides for the doing of an act which would be unlawful by virtue of these Regulations.

(2)

Paragraph (1) does not apply to a term whose inclusion constitutes, furthers or provides for unlawful discrimination against, or harassment of, a party to the contract, but that term shall be unenforceable against that party.

(3)

A term in a contract which purports to exclude or limit a provision of these Regulations is unenforceable by a person in whose favour the term would operate apart from this paragraph.

(4)

Paragraph (3) does not apply to a contract settling a claim under regulation 36 (Claims under regulations 5 to 17).

(5)

On the application of a person interested in a contract to which paragraph (1) applies, a county court may make an order for removing or modifying a term made unenforceable by that paragraph, 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 paragraph (5) may include provision in respect of a period before the making of the order.

Annotations

Commencement

I1

Reg. 25 in operation at 1.1.2007, see reg. 1(2)