Jurisdiction(s):
United Kingdom

Related legal acts

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...

Authority to contract: agency, apparent authority and entity-specific rules for companies, LLPs, partnerships, charities and other bodies—England and Wales

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Practice notes

This Practice Note considers contracting Authority under the law of England and Wales

Recognised as a key element of forming a contract, this note examines Agency principles and authority to contract across a range of entities, including:

corporations in general,
companies incorporated under the Companies Act 2006 (CA 2006),
unregistered and overseas companies,
Limited Liability partnerships, general partnerships and limited partnerships,
unincorporated associations,
incorporated charities (charitable companies and Charitable Incorporated Organisations),
and unincorporated charities (charitable unincorporated associations and charitable trusts).

Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the alternative methods of execution that might be available (eg use of a common seal). For guidance on the separate issue of execution formalities and the requirements and protections relating to due execution, see the Practice Notes referenced in the ‘Execution formalities’ column of the Quick view table...

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Web page updated on 26/05/2026

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