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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 77



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

(a)its inclusion renders the making of the contract unlawful by virtue of this
Order, or

(b)it is included in furtherance of an act rendered unlawful by this Order, or

(c)it provides for the doing of an act which would be rendered unlawful by
this Order.

(2) Paragraph (1) does not apply to a term the inclusion of which constitutes,
or is in furtherance of, or provides for, unlawful discrimination against a
party to the contract, but the term shall be unenforceable against that party.

(3) A term of a contract which purports to exclude or limit any provision of
this Order or the Equal Pay Act is unenforceable by any person in whose favour
the term would operate apart from this paragraph.

(4) Paragraph (3) does not apply

(a)to a contract settling a complaint to which Article 63(1) of this Order or
section 2 of the Equal Pay Act applies where the contract is made with the
assistance of [the Labour Relations Agency];

(b)to a contract settling a claim to which Article 66 applies.

(5) On the application of any person interested in a contract to which
paragraph (2) applies, a county court may make such order as it thinks just
for removing or modifying any term made unenforceable by that paragraph; but
such an order shall not be made unless all persons affected have been given
notice of the application (except where under rules of court notice may be
dispensed with) and have been afforded an opportunity to make representations
to the court.

(6) An order under paragraph (5) may include provision as respects any period
before the making of the order.



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