(1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.
(2) A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability.
(3) A relevant non-contractual term is a term which—
(a) is a term of an agreement that is not a contract, and
(b) relates to the provision of an employment service within section 56(2)(a) to (e) or to the provision under a group insurance arrangement of facilities by way of insurance.
(4) A reference in subsection (1) or (2) to treatment of a description prohibited by this Act does not include—
(a) a reference to the inclusion of a term in a contract referred to in section 70(2)(a) or 76(2), or
(b) a reference to the failure to include a term in a contract as referred to in section 70(2)(b).
(5) Subsection (4) does not affect the application of section 148(2) to this section.
(1) [The 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.
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