Disability Discrimination Act 1995

26 Validity and revision of certain agreements. U.K.

(1) Any term in a contract for the provision of goods, facilities or services or in any other agreement 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 Part,

(b) exclude or limit the operation of any provision of this Part, or

(c) prevent any person from making a claim under this Part.

[F1 (1A) Subsection (1) does not apply to—

(a) any term in a contract for the provision of employment services;

(b) any term in a contract which is a group insurance arrangement; or

(c) a term which—

(i) is in an agreement which is not a contract of either of those kinds, and

(ii) relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance.]

(2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.

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

(4) No such order shall 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) Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.

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

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F1 S. 26(1A) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 22; S.I. 2005/2774, art. 3(j) and the same sub-provision substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 19; S.R. 2007/466, art. 2(2)(l)