Q&As

Do the Commercial Agent Regulations SI 1993/3053 apply to second hand or reconditioned goods?

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Published on: 23 September 2021
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General application

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

鈥(1) In these Regulations鈥

鈥渃ommercial agent鈥 means a self-employed Intermediary who has continuing Authority to negotiate the sale or purchase of Goods on behalf of another person (the 鈥減rincipal鈥), 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;鈥 [our emphasis]

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

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Jurisdiction(s):
United Kingdom
Key definition:
Goods definition
What does Goods mean?

Goods denote personal chattel and other property which may be detached from land.

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