Legal agreement documents

Formal legal agreements frequently used for council business and what you can use them for.

There are also links to template agreements that you can use without input from Essex Legal Services (ELS). 

The templates contain notes to help with filling in and using the document. ​Please follow these carefully.

​The following are often requested by officers:

Consultancy Agreement – used to set out the terms and conditions of engaging the services of an external consultant. The consultant could be an individual or a company.

Download a ​Consultancy agreement template (DOCX, 66KB)

Deed of Variation – used to amend the terms of an existing contract. You should first consider whether there are any implications for the council under procurement rules.

Download a Deed of variation template (DOCX, 45KB)

Deed of Novation – used to transfer the rights and obligations of one party under a contract to a third party, while the other contracting party remains the same. When novating a contract you should consider whether:

  • there are any implications under the procurement rules
  • the incoming party meets the minimum financial requirements for the original contract

Download a Deed of novation template (DOCX, 75KB)

Non Disclosure Agreement (NDA) – sets out how the council and third parties share information or ideas in confidence. Sometimes people call NDAs ‘confidentiality agreements’.

Download a NDA template (DOCX, 51KB)

Memorandum of Understanding (MOU) – document that describes the broad outlines of an agreement that two or more parties have reached. MOUs communicate the accepted expectations of all parties involved in a negotiation. While not legally binding, the MOU signals that a binding contract is imminent.

Collateral Warranty​ – used to allow a third party to have exercisable rights where it has an interest in a contract.

Grant Agreement – an agreement used where the council is providing financial support to a third party or voluntary organisation which provides or arranges for the provision of services which are similar to those in respect of which the council has statutory functions.

However, a grant agreement does not allow the council to direct the provision of services. The organisation is free to determine those itself, so long as the use of the funds fits within the purposes for which they were granted. The provision of a grant will need to comply with the subsidy control rules (the rules that have replaced the State Aid regime).

Getting agreements approved

You should consider how entering into the agreement will be approved and who will give you authority to do so. 

Learn more about getting decisions made.

These template documents are designed to be used for low-risk, low-value transactions. 

You will need to seek legal advice when:

  • the value of your transaction is high
  • it is complex
  • it is high risk

W​here the transaction is low value, but likely to become complex and legal, you may need our input. Please ask for your manager’s approval to instruct ELS and we can discuss how we can help.

​Contact us

Email Essex Legal Services (PDF, 100 KB) if you need any assistance.

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