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The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

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Validity and revision of contracts

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25.—(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.

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