PART IIIDISABILITY DISCRIMINATION IN EDUCATION

CHAPTER ISCHOOLS

Agreements relating to enforcement

Validity and revision of agreements26

1

Any term in a contract or other agreement made by or on behalf of a responsible body is void so far as it purports to—

a

require a person to do anything which would contravene any provision of, or made under, this Chapter;

b

exclude or limit the operation of any provision of, or made under, this Chapter; or

c

prevent any person from making a claim under this Chapter.

2

Sub-paragraphs (b) and (c) of paragraph (1) do not apply to an agreement settling a claim—

a

under Article 22; or

b

to which Article 24 applies.

3

On the application of any person interested in an agreement to which paragraph (1) applies, a county court may make such order as it thinks just for modifying the agreement to take account of the effect of paragraph (1).

4

No such order may be made unless all persons affected have been—

a

given notice of the application; and

b

afforded an opportunity to make representations to the court.

5

Paragraph (4) applies subject to any county court rules providing for notice to be dispensed with.

6

An order under paragraph (3) may include provision as respects any period before the making of the order.