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The Equality Act (Sexual Orientation) Regulations 2007

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Validity and revision of contracts

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26.—(1) A term of a contract is void where—

(a)its inclusion renders the making of the contract unlawful by virtue of these Regulations,

(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 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 20.

(5) On the application of a person interested in a contract to which paragraph (1) applies, a county court or sheriff court may make an order 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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