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Article 8 Effect of prohibited or unenforceable terms and recoverability of money

Original text. Later amendments are not shown.

(1)

Where any term of a contract is prohibited or made unenforceable under these Rules the contract continues to bind the parties if it is capable of continuing in existence without that term.

(2)

Where a labour user pays any money pursuant to a contractual term which is unenforceable by virtue of paragraph 10 of the Schedule, the labour user is entitled to recover that money.