Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Agency definition

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),...

Commercial Agents Regulations 1993 (Great Britain): scope, definitions, goods versus services (software/SaaS), secondary activities, sub-agents, choice of law and post-Brexit status

Published by a LexisNexis Commercial expert

Practice notes

This Practice Note examines the Scope of the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053. It outlines how the Commercial Agents Regulations apply, clarifies who qualifies as a Commercial Agent under them, identifies categories of individuals excluded who might otherwise fit that description, addresses the secondary activities exclusion, and considers sub-Agents.

Background

The Commercial Agents Regulations took effect on 1 January 1994, giving domestic effect to Council Directive 86/653/EEC (OJ L 382/17), the EU Commercial Agents Directive. Although originating in EU law, they were preserved by the European Union (Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 (IP completion day). They have not been revoked by the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) and, from 1 January 2024, are treated in the UK as assimilated law. For further detail, see Practice Notes: Introduction to the Retained EU Law (Revocation and Reform) Act 2023 and Assimilated law. On 16 May 2024, the Department for Business and Trade launched a public consultation on reforming the Commercial Agents Regulations so they better meet the needs of UK business...

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Web page updated on 21/05/2026

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