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General application

Regulation 2 of the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 state:

‘(1) In these Regulations—

“commercial agent” means a self-employed Intermediary who has continuing Authority to negotiate the sale or purchase of Goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal; but shall be understood as not including in particular:

(i) a person who, in his capacity as an Officer of a company or association, is empowered to enter into commitments binding on that company or association;

(ii) a partner who is lawfully authorised to enter into commitments binding on his partners;

(iii) a person who acts as an insolvency practitioner (as that expression is defined in section 388 of the Insolvency Act 1986) or the equivalent in any other jurisdiction;’ [our emphasis]

The common law on agency continues to apply where not inconsistent with the Commercial Agents Regulations