(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.