delete The Commercial Agents (Council Directive) (Amendment) Regulations 1998
Amends the Commercial Agents (Council Directive) Regulations 1993 with three changes: (1) modifies regulation 1 to clarify choice of law rules for agency contracts - requiring courts to apply the law of another member state where parties agreed to that, and to apply UK regulations where parties chose UK law even if another state's law would otherwise apply; (2) adds definitions of 'EEA Agreement' and expands 'member State' to include EEA contracting parties; (3) corrects a typographical error in regulation 17 changing 'contact' to 'contract'.
While the typo correction (contact→contract) is benign, the regulation perpetuates retained EU law from the 1993 Commercial Agents Regulations that imposes significant compliance burdens on principals including golden parachute compensation requirements, minimum notice periods, and restrictions on terminating agency relationships. These increase costs for businesses using commercial agents and reduce contractual flexibility. Post-Brexit, these EU-derived regulations should be reviewed rather than amended to reinforce their applicability. The choice-of-law provisions create a ratchet effect ensuring UK regulations apply regardless of what parties negotiate, reducing the benefits of Brexit regulatory flexibility.