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Validity And Revision Of Contracts

Volume 897: debated on Saturday 16 August 1975

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Lords amendment: No. 51, in page 45, line 40, at end insert—

"(4A) An order under subsection (4) may include provision as respects any period before the making of the order."

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment is largely clarificatory. Subsection (2) of Clause 74 provides that a term in a contract which is discriminatory against a party to the contract shall be unenforceable against that party; and subsection (4) that such terms are to be capable of revision by a county or sheriff court on the application of either party to the contract. There will be cases where justice and equity require that an order revising a term should make provision for the period between the time when the term became unenforceable and the date of the making of the order. The amendment makes it clear that orders may relate to this period.

Question put and agreed to.

Lords amendment: No. 52, in page 45, line 32, at end insert—

"(4) Subsection (3) does not apply—
  • (a) to a contract settling a complaint to which section 60(1) of this Act or section 2 of the Equal Pay Act 1970 applies where the contract is made with the assistance of a conciliation officer;
  • (b) to a contract settling a claim to which section 63 applies."
  • I beg to move, That this House doth agree with the Lords in the said amendment.

    With this it may be convenient to discuss Lords Amendment No. 53.

    These amendments are purely consequential on Lords Amendment No. 51. They do no more than adjust the order of the subsections in Clause 74.

    Question put and agreed to.

    Subsequent Lords amendment agreed to.