OpenLegislation

Paragraph 3 I1

England, Wales and Scotland

The following are indications that an arrangement falls within paragraph 2 above, and the absence of any of them is an indication to the contrary—

(a)

the principal is the manufacturer, importer or distributor of the goods;

(b)

the goods are specifically identified with the principal in the market in question rather than, or to a greater extent than, with any other person;

(c)

the agent devotes substantially the whole of his time to representative activities (whether for one principal or for a number of principals whose interests are not conflicting);

(d)

the goods are not normally available in the market in question other than by means of the agent;

(e)

the arrangement is described as one of commercial agency.

Annotations

Commencement

I1

Sch. para. 3 in force at 1.1.1994, see reg. 1(1)