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Agency arrangements meaning

What does Agency arrangements mean?
In practice, agency arrangements are agreements under which one public authority discharges specified functions for another, while the delegating body remains legally responsible. They enable capacity‑sharing and local delivery (e.g. highways, environmental health, planning) and are distinct from outsourcing to private contractors. The term is descriptive across the UK and Ireland, though various statutes enable such arrangements. Local government: England and Wales typically use section 101 Local Government Act 1972 (with related powers such as section 113 on placing staff at another authority’s disposal and topic‑specific statutes). Scotland relies on section 56 Local Government (Scotland) Act 1973. Northern Ireland permits comparable inter‑authority delegation under local government legislation. Ireland: section 85 Local Government Act 2001 allows one authority to perform functions for another. Devolution: agency arrangements are expressly provided for by Scotland Act 1998, s.93; Government of Wales Act 2006, s.83; and Northern Ireland Act 1998, s.87, allowing reciprocal exercise of ministerial functions. Typical terms cover scope, governance, decision‑making, duration, information‑sharing, indemnities and cost recovery.
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View the related Checklists about Agency arrangements

CHECKLISTS
Corporate corruption and bribery indicators: red flags in contracts, procurement and third‑party dealings—due diligence and internal investigation triggers

Indicators of corruption-checklist Organisations and their staff should remain vigilant for signs of corruption. This checklist outlines indicators that would usually justify an escalated investigation. For further information on internal investigations, see: Internal investigation on suspicion of failure to prevent bribery-checklist. During contract negotiations, or when finalising a previous contract, assess whether any payment arrangements seem unusual, including: pressures to amend agreed terms, such as demands for urgent and/or early payments a request for cash payment money routed through a third country or to a shell company in another country an abnormally high commission paid to a particular agency, see Practice Note: How to identify when a commission might become a bribe instructions to split a payment between two accounts for the same agent, notably where the accounts are in different countries, see Practice Note: Agents and other intermediaries the settlement of high-value expenses (for example, expensive restaurant bills), or non-business expenses (such as school) ...

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CHECKLISTS
Assessing non‑competes in vertical agreements under the UK VABEO 2022: practitioner checklist on buyer exclusivity, post‑termination restraints, agency status, selective distribution, severability and Chapter I self‑assessment

This Checklist sets out the key considerations when evaluating non‑compete provisions in vertical arrangements (such as supply contracts) under the UK’s vertical block exemption: The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022, SI 2022/516 (VABEO). For a general overview of the VABEO, see Introduction to the application of Chapter I to vertical agreements and, for full guidance (including on non‑compete clauses), see The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022. For a checklist covering non‑compete provisions under the EU’s corresponding regime, the Vertical Block Exemption Regulation 2022/720, see Assessing non–compete clauses in vertical agreements under the EU’s Vertical Block Exemption Regulation 2022/720—checklist Is there a 'vertical agreement' and would the VABEO apply? For the purposes of this Checklist, we proceed on the basis that a vertical agreement is in place...

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CHECKLISTS
UK motor vehicle aftermarket vertical agreements: drafting and compliance checklist under the MVBEO and VABEO

This Checklist highlights the core considerations under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when preparing new vertical agreements, or revising existing ones, concerning motor vehicle aftermarkets for the delivery of repair and maintenance services, or the supply of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not a full manual to the MVBEO, but is intended for use where a commercial lawyer seeks to verify that a vertical agreement benefits from the MVBEO (and any guidance issued under it). A flowchart appears at the end of this Checklist, outlining the principal steps to follow when determining whether an agreement is covered by the MVBEO. It focuses on vertical arrangements for repair, maintenance, and the distribution of aftermarket goods within the motor vehicle aftermarket specifically. Introduction to MVBEO Any arrangement that affects trade and limits competition in the UK may fall within the Chapter I prohibition on anti-competitive agreements in the Competition Act 1998...

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NEWS
Dispute Resolution Weekly: CPRC reforms, junior advocacy guidance, cryptoasset injunctions, solicitor-client costs/CFA rulings, disclosure and appeals updates, consultations and key dates (England and Wales), 17 July 2025

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

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NEWS
UK Brexit secondary legislation and guidance update: REUL(RR)A 2023 reforms, SI sifting—12 January 2024

Jump to: Brexit SIs and sifting updates Made Brexit SIs laid in Parliament Draft Brexit SIs laid in Parliament Draft Brexit SIs laid for sifting and sifting committee recommendations Post-Brexit transition guidance Editor’s picks—the practice area/sector view New and updated Brexit related content LexTalk®Brexit: a Lexis®Nexis community Useful information Brexit SIs and sifting updates Here you will find the latest final and draft Brexit SIs presented to Parliament, together with updates on proposed negative SIs submitted for sifting. Made Brexit SIs laid in Parliament Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 SI 2023/1417: Made using powers in the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) in the context of Brexit. These Regulations alter one item of UK primary legislation and one piece of retained direct EU legislation on data protection. They took effect immediately before the end of 2023. (Updated from draft on 22 December 2023.)...

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NEWS
Employment Tribunal (Scotland): Breach of Equality Act ss 20 and 21 for Refusing Permanent Homeworking to Disabled Employee; Declaration Only, No Compensation

Pryce v Accountant in Backruptcy , ET Case No: 6000082/2022 John-Paul Pryce obtained a declaration from the Employment Tribunal that Accountant in Bankruptcy, Scotland’s debt management agency, had failed to make a reasonable adjustment for his agoraphobia, claustrophobia, anxiety and mysophobia (an extreme and irrational fear of germs) when it rejected his request for flexible working arrangements. Judge Mark Whitcombe, writing on behalf of a three-person panel, noted that Pryce’s phobias were so intense that even thinking about the idea of being indoors with other people could set off a panic attack...

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PRACTICE NOTES
WEEE Producer Compliance Schemes: approval, registration, financing and targets, balancing system, compliance fee, online marketplaces, vapes and e-cigarettes category, reporting, insolvency and enforcement under the 2013 Regulations

Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113), as amended, implement Directive 2012/19/EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme (PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility (AATF) or an Approved Exporter (AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer obligations. Applications for approval A PCS must be approved by the Environment Agency (EA) for applicants based in England, and by Natural Resources Wales (NRW) for applicants based in Wales...

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PRACTICE NOTES
Protected persons and witness protection arrangements under the Serious Organised Crime and Police Act 2005 (UK): eligibility, providers, measures and duties

Those requiring protection Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (SOCPA 2005) sets out arrangements to safeguard people involved in investigations and legal proceedings. The UK Protected Persons Service operates regionally, delivered by the police but co‑ordinated by the National Crime Agency (NCA). It aims to ensure that witnesses and other vulnerable individuals facing life‑threatening risk receive protection and support by: setting national standards of quality, improving co‑ordination across currently fragmented services, encouraging intelligence exchange between police forces, and bolstering local provision to deliver a uniform and accountable service The Central Bureau of the NCA serves as the national headquarters for the UK Protected Persons Service, providing strategic and practical support and co‑ordination to officers assisting protected persons. Under SOCPA 2005, s 82, a ‘protection provider’ (typically the police) may put in place suitable protective measures for any person where they reasonably consider the person’s safety...

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PRACTICE NOTES
Luxembourg banking law: authorisation, activities, prudential and capital rules, AML/CFT, consumer protection, supervision and enforcement, resolution, foreign branches, and ownership/control approvals—Q&A for practitioners

Banking regulation—Luxembourg—Q&A guide This Practice Note provides a jurisdiction-specific Q&A on banking regulation in Luxembourg, published in the Lexology Getting the Deal Through series by Law Business Research (law stated as at 7 February 2023). Authors: Loyens & Loeff—Adrien Pierre; Vanesa Gomez Pena. 1. What are the principal governmental and regulatory policies that govern the banking sector? Luxembourg is a leading financial centre, so nurturing the financial industry is a core policy aim. The Ministry of Finance partners with Luxembourg for Finance (the agency for the development of the financial centre) to promote, expand and diversify the Luxembourg financial centre, while identifying new opportunities. Digitalisation. Anti-money laundering and countering the financing of terrorism (AML/CFT). Sustainable finance. Financial education. Policies are being adapted as needed to respond to the covid-19 pandemic, to which the sector has shown strong resilience. 2. What are the defining characteristics of a bank to be caught by the banking laws and regulations? Is...

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PRECEDENTS
Precedent controller–processor data processing side agreement (pro‑controller): UK GDPR/DPA 2018 terms, sub-processor controls, audits, breach response, deletion/return; international transfers restricted (England and Wales law)

This Agreement is entered into on [ date ] Parties [ Insert name of supplier ], a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at [ insert address ] (Supplier); and [ Insert name of customer ], a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at [ insert address ] (Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer constitute the parties. Background The Supplier is a seasoned provider of [ insert details ]. This Agreement regulates all processing of Protected Data carried out by the Supplier under, and in relation to, [ the Principal Agreement OR all of Our Arrangements ]. ...

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PRECEDENTS
Precedent: Pro-Licensee Data Licence and Joint Controller Data Sharing Agreement (England and Wales)

This Agreement is dated [ insert date ] Parties 1 [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Licensor ); and 2 [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] with its registered office 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 (A) The Licensor owns the copyright and database rights in the Licensed Data and acts as Controller of the Shared Personal Data. (B) The Licensee is [ insert background to licence/relevant transaction ]. (C) The Licensor has agreed to grant the Licensee a licence to use the Licensed Data and to provide the Shared...

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PRECEDENTS
Precedent pro-licensor data licence and controller-to-controller data sharing agreement with GDPR schedule (England and Wales)

This Agreement is made on [ insert date ] as set out below. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensor); [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Licensee), each of the Licensor and the Licensee being a party and, together and collectively, the Licensor and the Licensee are the parties. Background The Licensor is the proprietor of copyright and database rights in the Licensed Data and acts as the Controller of the Shared Personal Data. The Licensee is [ insert background to licence/relevant transaction ]. The Licensor agrees to grant a licence to the Licensee to use the Licensed Data and...

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