Jurisdiction(s):
United Kingdom

Key definition

Authority definition

What does Authority mean? In practice, Authority refers to the public sector client that procures and manages a project or service and is the named counterparty in the contract. In public procurement, PFI/PPP, DBFM/DBFOM and outsourcing documents, it is a contractual shorthand for the “contracting authority” defined in legislation (England & Wales and Northern Ireland: Public Contracts Regulations 2015; Scotland: Public Contracts (Scotland) Regulations 2015; Ireland: European Union (Award of Public Authority Contracts) Regulations 2016). Typical Authorities include a local authority, an NHS trust or health board, a central government department or minister, a non‑departmental public body or agency, or another body...

Unincorporated associations in finance transactions: capacity, authority, approvals, execution and property/security due diligence under English law

Published by a LexisNexis Banking & Finance expert

Practice notes

This Practice Note sets out what acts an unincorporated association, together with its members or office-holders, may undertake in a finance transaction. Any mention of an association refers to an unincorporated association. It also explains the steps to investigate capacity and authority under English law. Unincorporated associations are often used by clubs, societies and charities. This Practice Note does not address the charity law issues that apply to unincorporated associations which are charities. For information on charities, see:

Practice Note: Charitable incorporated organisations
Practice Note: Taking security over charity assets—key considerations
Practice Note: Mortgaging charity land—mortgagee’s considerations
Practice Note: Mortgaging charity land—charity's considerations
Charity regulation—overview

What is an unincorporated association?

The courts have described an unincorporated association as ‘an association of persons connected by identifiable rules and with an identifiable membership’. An unincorporated association:

is a body, such as a members' club, society or trade union, that has not been incorporated as a company
is an organisation formed when two or more persons (members) pursue activities together for a common purpose
does not operate for

...

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Web page updated on 21/05/2026

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