PART 2OCCUPATION CONTRACTS AND LANDLORDS
CHAPTER 3FUNDAMENTAL PROVISIONS OF OCCUPATION CONTRACTS
I121Effect of non-incorporation and modification of fundamental provisions
1
Subsections (2) and (3) apply where—
a
a fundamental provision is not incorporated as a term of an occupation contract because of an agreement under section 20(1), or
b
a fundamental provision is incorporated with modifications because of an agreement under section 20(2).
2
If as a result it is necessary that another fundamental provision or a supplementary provision (see Chapter 4) is not incorporated, that other provision is not incorporated.
3
If as a result it is necessary that another fundamental provision or a supplementary provision is incorporated with modifications, that provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 20(2) or section 24(2)).
4
But subsections (2) and (3) do not apply if their application would have the effect that a fundamental provision mentioned in section 20(3) would not be incorporated or would be incorporated with modifications; accordingly, the agreement mentioned in subsection (1)(a) or (b) has no effect.