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Part 10 E+W+SContracts, etc.

Contracts and other agreementsE+W+S

143Removal or modification of unenforceable termsE+W+S

(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.

Textual Amendments

F1Words in s. 143(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)