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Agency meaning

What does Agency mean?
Agency describes the legal relationship by which one person (the agent) is authorised to affect a principal’s legal relations with third parties, typically by entering contracts or performing other legal acts on the principal’s behalf. It is a common law concept developed mainly through case law across England & Wales, Scotland, Northern Ireland and Ireland, with sectoral statutes in specific contexts (for example the Commercial Agents Regulations, the Partnership Act 1890 and companies legislation). Key features include authority (actual—express or implied—and apparent/ostensible), the principal’s ability to be bound or acquire rights through the agent (including by ratification), and the agent’s fiduciary duties of loyalty, avoidance of conflicts and secret profits, care and accounting. Principals typically owe duties to remunerate, indemnify and reimburse the agent. Agency commonly arises with directors, partners, employees, attorneys under a power of attorney and commercial intermediaries. It may arise by agreement, implication of law, necessity in limited circumstances, or ratification. The doctrine of the undisclosed principal can bind or benefit the principal where the agent contracts without revealing the principal’s identity. Agency terminates by revocation, renunciation or supervening events such as death or insolvency. Usage and principles are broadly consistent across the UK and Ireland, with minor differences...
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View the related Checklists about Agency

CHECKLISTS
Acas early conciliation for employment tribunal claims in Great Britain: checklist of relevant proceedings and statutory time-limit extensions

The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...

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CHECKLISTS
Archived checklist: using the legacy NCA SAR Online portal to submit SARs - registration, submission steps, post-submission obligations and support contacts (UK)

ARCHIVED: This Checklist is archived and is not being maintained. From 18 September 2023, the National Crime Agency (NCA) introduced a new SAR online portal, replacing the version described in this Checklist. For details of the current SAR reporting portal, see Practice Note: How to submit a SAR using the NCA SAR Portal. SAR Online is the NCA’s secure web-based platform for submitting suspicious activity reports (SARs) to the NCA, and it is the NCA’s preferred channel for receipt. This Checklist condensed key guidance on using the system and acted as a quick reference for submitting SARs via the now replaced SAR Online portal. For further information, see Practice Note: Authorised disclosure, protected disclosure and appropriate consent—Suspicious Activity Reports (SARs). SAR Online—key guidance The NCA’s UK Financial Intelligence Unit (UKFIU) has published user guidance for SAR Online: SAR Online User Guidance. For additional help for SAR reporters, see: UKFIU SARs Reporter Booklet. Read this alongside the UKFIU document ‘Suspicious Activity Report (SAR) Glossary Codes...

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CHECKLISTS
UK online advertising T&Cs: lawyers' checklist for reviewing publisher-advertiser (Programmatic Direct) deals, including impressions, makegoods, pricing models, brand safety, data protection (UK GDPR/DPA/PECR), liability and termination.

Checklist Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis (Programmatic Direct). Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions. As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item. Further information Notes (if any) Parties ☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some situations an advertiser will enter into the agreement itself; in others, it may appoint an...

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View the related Flowcharts about Agency

FLOWCHARTS
Flowchart for determining criminal lifestyle in confiscation proceedings under the Proceeds of Crime Act 2002

This Flowchart outlines the process for determining whether an external suspicious activity report (SAR) must be submitted to the National Crime Agency (NCA). It also covers both relevant circumstances in which a member of staff: raises a concern, and files an internal SAR with the nominated officer See further Practice Notes: Making a SAR and obtaining a defence or consent, or for law firms Making a SAR and obtaining a defence or consent—law firms, and Precedent: Submitting a SAR—information gathering sheet for reporters...

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FLOWCHARTS
Handling superSAR information-sharing requests under POCA 2002: a flowchart for relevant undertakings on validity, required NCA notifications, and whether to disclose

This Flowchart sets out the National Crime Agency (NCA) glossary codes most frequently used when completing a Suspicious Activity Report (SAR) via the SAR Portal, together with the additional reporting avenues you ought to consider and assess. The complete list of SAR Glossary Codes appears in SAR Glossary Codes and Reporting Routes for reference. Note 1 SARs regime The SARs regime is not a vehicle for reporting crimes or issues involving immediate danger to others. It exists to enable disclosures of knowledge or suspicion of money laundering or terrorist financing strictly under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). Alongside sending a SAR to the NCA, you may therefore need to notify the matter by alternative routes, eg if an offence is underway or there is an immediate risk to a person. We have indicated where this could be appropriate and relevant. Where feasible, make these additional notifications first, so any urgent concerns can be handled swiftly by the relevant...

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NEWS
SFO to deploy covert tactics and publish guidance to revive corporate self-reporting and enforce ECCTA 'failure to prevent fraud' from September 2025, amid DPA lull and cross-border collaboration

Nick Ephgrave Nick Ephgrave acknowledged it was no secret that the SFO has witnessed a slight drop-off in the number of companies approaching the specialist anti-corruption body with suspected fraud and bribery within their organisation. To address this, the SFO intends to invest further in covert intelligence-gathering so it can better understand what is happening in corporate settings and, in turn, either pursue targets or encourage them to come forward, he told Law360 and reporters from other news outlets. Ephgrave said he wants to be more in control of the referrals received by an agency that largely depends on businesses volunteering information, with the aim of invigorating and provoking self-reporting by companies. He added that he is really seeking to drive up the number of corporates the SFO deals with, whether through self-reporting supported by revised corporate guidance, via intelligence from whistleblowers, or by relying on good old-fashioned covert policing techniques such as surveillance, the deployment of undercover officers, and the use of informants...

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NEWS
Environmental law weekly: permitting reforms, GGR contracts, CfD CIB consultation, PFAS timeline, ecodesign review, marine strategy critique, 25 Year Environment Plan indicators, landfill tax appeal, waste carrier permitting overhaul

In this issue: Air emissions and climate change Energy efficiency of products Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Daily and weekly news alerts New and updated content Air emissions and climate change Defra opens consultation on industrial emissions permitting reforms The Department for Environment, Food and Rural Affairs (Defra) has begun consulting on plans to modernise England’s environmental permitting regime for industrial emissions. The package aims to foster innovation, adopt agile standards, secure proportionate and coherent regulation, boost regulator effectiveness and efficiency, and deliver a transparent system. Suggested measures include a new registration route for low-risk installations, flexible site permits setting overall emissions caps, and faster approvals for time‑limited technology trials. The proposals reflect the Corry Review’s critique of regulatory inefficiency. The Environment Agency intends to roll out changes that could cut permit queues from months to days and lower...

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NEWS
UK and EU environment and ESG weekly: planning reforms, ESOS PIR, RTFO review, PFAS proposals, Welsh DRS, EPR packaging 2026, EA levy, forestry restocking case, sustainable finance updates

In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Latest Q&A Energy efficiency and buildings The Department for Energy Security and Net Zero (DESNZ) has issued its 2025 post‑implementation review (PIR) of the Energy Savings Opportunity Scheme (ESOS) Regulations 2014 (SI 2014/1643). Using Phase 3 compliance notifications from the Environment Agency, together with unpublished interim data from Phase 3 action plans, and building on the 2020 PIR, it recommends holding off any major amendments to the ESOS Regulations until a full evaluation ends in May 2026, after which a comprehensive PIR will be completed. The research evaluates how energy audits and reporting identify and deliver energy efficiency savings across organisations. See: LNB News 14/08/2025 6...

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View the related Practice Notes about Agency

PRACTICE NOTES
Economic torts compared in England and Wales: conspiracy (lawful/unlawful), unlawful interference and procuring breach—elements, intention, remedies, defences, limitation, pleading and interim relief

This Practice Note on economic torts This note summarises, at a high level, the key differences when pursuing claims for lawful means conspiracy, unlawful means conspiracy, the tort of unlawful interference, and procuring a breach of contract. Practice Notes: Civil conspiracy claims (economic tort) Lawful means conspiracy (civil action) Unlawful means conspiracy (civil action) Economic tort of unlawful interference The tort of procuring a breach of contract Closely connected to procuring a breach of contract is the so‑called ‘Marex tort’, a cause of action founded on an alleged deliberate infringement by the defendant of the claimant’s rights in a judgment debt; see Practice Note: The Marex tort (interference with a judgment debt). These claims may (though need not) involve a fiduciary or agent, including company directors. For further guidance, see: Claims against directors—key considerations for dispute resolution practitioners Agency disputes Fiduciary Duties Fiduciary duties—remedies for breach Such causes...

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PRACTICE NOTES
Extended Producer Responsibility for packaging: local authority compliance, payments and data duties in England and Wales, and links to Simpler Recycling and the Deposit Return Scheme

The extended producer responsibility (EPR) regime for packaging and packaging waste The extended producer responsibility (EPR) regime for packaging and packaging waste shifts the entire cost of managing household packaging waste from households to packaging producers, placing on them accountability for their packaging costs throughout its lifecycle. Lower charges apply to sustainable packaging, incentivising designs that use fewer materials and are easier to recycle. Under EPR, Local Authorities (LAs) receive producer-funded payments covering the net costs of collecting, managing, recycling and disposing of this household packaging waste. EPR is governed by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, SI 2024/1332 (as amended). These regulations define a range of persons and bodies with specific functions within the regime. These are: producers—these are the principal duty holders compliance schemes the Scheme Administrator (SA) (PackUK) ‘relevant authorities’ which are LAs as household waste collection and disposal authorities responsible for household waste services reprocessors and exporters the ‘appropriate agency’—in England, the Environment...

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PRACTICE NOTES
Joint employment: legal presumption, vicarious liability, agency workers, office‑holders, schools, collective bargaining, TUPE, tax and contractual drafting issues

Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate employers and the roles are compatible; and where two or more employers act together within a partnership or joint venture ...

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PRECEDENTS
Short-form joint tender teaming agreement with IP, confidentiality, non-circumvention, limitation of liability and anti-bribery/tax evasion/fraud/modern slavery compliance (England and Wales)

This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...

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PRECEDENTS
Statutory Carer’s Leave: Model Employer Policy for Great Britain — entitlement, dependants, long‑term care need, notice, postponement, pay and return to work

1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff association ] ]. 1.4 In some circumstances, you may have the right to take...

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PRECEDENTS
Precedent content and trade mark licence for website, app and social media (pro-licensee) (England and Wales)

This Agreement is entered into on [ date ]. Parties [ Insert name of licensor ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensor); and [ Insert name of licensee ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensee), Each of the Licensor and the Licensee is a party, and together the Licensor and the Licensee constitute the parties. Background The Licensee is [ insert details of the Licensee’s background/background to licence or relevant transaction. ] The Licensor has agreed to provide the Licensor Content to the Licensee and to grant the Licensee a licence to use the Licensor Content in accordance with the terms of this Agreement...

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View the related Q&As about Agency

Q&As
Charities: exemption under EAA 1973 and Conduct Regs 2003

The Employment Agencies Act 1973, together with the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI 2003/3319 (Conduct Regs 2003), regulate the private recruitment sector and establish minimum requirements for employment agencies and employment businesses trading from premises in Great Britain (ie England, Wales and Scotland). The Conduct Regs 2003 apply in circumstances where an employment agency or an employment business provides work-finding services to a work-seeker...

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Q&As
Statutory exemptions from paying the National Minimum Wage

For further information on this topic in general, see: National minimum wage—Eligibility Employment-related statutory rates and limits table Minimum wage compliance checklist Deductions from wages Some of the statutory exceptions to the right to receive the national minimum wage are outlined below. This response concentrates on the scenarios where the point most commonly arises. Workers only Only ‘workers’ are entitled to be paid the national minimum wage—see our Practice Note: Worker status—Definition of ‘worker’. Agency workers who would otherwise fall outside the definition of a ‘worker’ because they have no contract with either the supplier or the recipient of their services are nevertheless entitled to the national minimum wage. Home workers who might not otherwise be ‘workers’ owing to an absence of any personal obligation in the contract to carry out the work themselves are likewise entitled to be paid the national minimum wage. The genuinely self-employed are not entitled to be paid the national minimum...

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