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Commercial Agents Regulations Quick Facts

Subject: Commercial Agents Regulations

Relevant or Related Legislation: Commercial Agents (Council Directive) Regulations 1993 (Statutory Instrument No 1993/3053 as amended by Statutory Instrument 1993/3173); European Directive 86/653/EEC.

Current Position: The Commercial Agents (Council Directive) Regulations 1993 implement the European Directive relating to Self Employed Commercial Agents (86/653/EEC) into UK law. The purpose of the Directive is to harmonise European Legislation governing contracts between agents and their principals, and in general to strengthen the position of agents.

Recent Relevant Campaigns or Consultation: There are currently no plans to change the Regulations, which fully implement the European Directive. The Regulations were drafted as a result of a wide scale consultation exercise undertaken in 1993.

Key Facts: Commercial Agents are defined as self-employed intermediaries who have continuing authority to negotiate the sale or purchase of goods on behalf of a principal, or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of a principal.

FAQs

Q1. How do the Regulations and Directive apply to my circumstances?
Q2. When did the Regulations come into force?
Q3. Have the Regulations been updated since 1993?
Q4. Are there any plans to update the Regulations?
Q5. Do the Regulations cover Northern Ireland?
Q6. Does the Department hold a list of Commercial Agents?
Q7. Do the Regulations apply to Distributor Agreements?
Q8. Where can I obtain a copy of the Regulations?
Q9. How do these regulations apply in other countries?

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Q1. How do the Regulations and Directive apply to my circumstances?

The Department for Business, Enterprise & Regulatory Reform (BERR) cannot give legal advice or an interpretation of how the Regulations might apply in a specific situation. Questions on the interpretation of the Regulations and whether they might apply in a given situation can only be answered definitively by the Courts. Enquirers should seek legal advice from a Solicitor who is knowledgeable of Commercial Agent law. The Department does not hold a list of these.

Q2. When did the Regulations come into force?

The regulations came into force on 1st January 1994. On this date all existing agency contracts became automatically subject to the Regulations.

Q3. Have the Regulations been updated since 1993?

Yes. Amendments were made in 1998. You can view the regulations on the OPSI site.

 Q4. Are there any plans to update the Regulations?

No. Any changes would come from a revision of the European Directive. The European Commission has no plans to revise the Directive in the foreseeable future.

Q5. Do the Regulations cover Northern Ireland?

No. Separate implementing provision is made in relation to Northern Ireland by the Commercial Agents (Council Directive) Regulations (Northern Ireland) 1993 (Statutory Rules for Northern Ireland No. 1993/483).

Q6. Does the Department hold a list of Commercial Agents?

No. The Department does not hold a list of Commercial Agents. We have no knowledge of any list existing elsewhere.

Q7. Do the Regulations apply to Distributor Agreements?

No. There is no connection between the Regulations and distributor agreements.

Q8. Where can I obtain a copy of the Regulations?

Printed copies of the Regulations can be obtained from the Stationery Office. Contact details are:

The Stationery Office

Telephone: 0870 600 5522
Web site: http://www.tsoshop.co.uk

You will need to quote the Statutory Instrument numbers: 1993/3053 & 1993/3173. On-line versions are linked to on the right.

Q9. How do these regulations apply in other countries?

The Department does not hold this information

Further Enquiries:

Enquirers with questions on the legal interpretation of the Regulations and/or whether they might apply to a specific situation are strongly advised to seek advice from Solicitors who are knowledgeable of Commercial Agent law. Much useful information, including links to solicitors can be found using the External Link, in the column on the right of this page.