(1) A provision of any agreement that purports to disapply to the agreement any provision of these Regulations, or to alter in any respect the operation of any provision of these Regulations in relation to the agreement, is of no effect.
(2) Without limiting the generality of paragraph (1), if it appears that an agreement has been cast in a form for the purpose of avoiding the application of these Regulations to it, a court or other authority having jurisdiction in the matter shall have regard to the commercial reality of the transaction for the purpose of determining whether or not these Regulations apply to the agreement.