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...

Executing contracts and deeds in England and Wales: formation, authority, capacity, witnessing, delivery, counterparts, remote execution, and common pitfalls

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Practice notes

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This Practice Note sets out the core points to check when signing any document and directs you to the related associated guidance and materials. Ignorance of these fundamentals at the point of execution may render a document difficult, or even impossible, to enforce at law. The following topics are covered in outline:

Formation of contracts
authority
Capacity
Contracts and deeds
Counterparts
Testimonium clause
Witnessing
Alterations and mistakes
Location and jurisdiction
Overcoming impairments
Training materials

Formation of contracts

A contract is a binding legal arrangement that confers rights and imposes obligations on two or more parties. The jurisprudence on contract principles is extensive and is not examined in detail here in this Practice Note. Put simply, for a contract to arise at all, four essential elements must be in place:

an offer has been made
that offer has been accepted
valuable consideration supports the promises being made
the parties intend to create legal relations with one another

Contracts can be made in the following ways:

orally
'under hand' (in writing)
by deed

For further detail on how contracts are formed, see: the Formation and interpretation—overview for guidance...

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Web page updated on 21/05/2026

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