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The Regulations implement EC Directive (86/653/EEC) relating to self-employed commercial agents, the aim of which was to harmonise the laws of Member States and to strengthen the position of commercial agents in relation to their principals.
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.
The Regulations lay down the minimum requirements of a contract between an agent and principal, for example, minimum periods of notice, when commission is due and the right to claim compensation on the termination of the contract.
The Department for Business, Innovation and Skills (BIS) 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.
The regulations came into force on 1st January 1994. On this date all existing agency contracts became automatically subject to the Regulations.
Yes. Amendments were made in 1998. You can view the regulations on the OPSI site.
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.
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).
No. The Department does not hold a list of Commercial Agents. We have no knowledge of any list existing elsewhere.
No. There is no connection between the Regulations and distributor agreements.
On-line versions are available at the following: 1993/3053 and 1993/3173.
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.
The Department does not hold this information
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 on the Business Link website.
