Public sector clause bank

This subtopic is aimed at public sector lawyers dealing with contract matters and contains a selection of guidance and Precedents, including boilerplate and key clauses common to many contracts which govern the general operation of the agreement and the respective rights of the parties. Subjects covered include the use of defined terms, the role of boilerplate and an introduction to the rules of jurisdiction.

The selected guidance in this subtopic is intended to provide an overview of some of the key terms relevant for drafting contracts and frameworks. Further Precedents and guidance are available from Lexis+® UK Commercial and Dispute Resolution.

Use of defined terms

The purpose of defining terms in an agreement is to avoid:

•
ambiguity, by giving specific meanings to words and setting out their scope, which may differ from their ordinary meaning
•
repetition, particularly of long or complex phrases, so that the agreement is more concise and easier to read

Care should be taken when drafting individual terms and definitions. Contract drafters should ensure that the inclusion of each term and scope of each definition is appropriate in the context of both

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Public Law News

PAC announces 14 new inquiries into government spending and delivery

The Public Accounts Committee (PAC) has launched 14 new inquiries, Led by Sir Geoffrey Clifton-Brown MP, the inquiries will examine government spending based on National Audit Office reports. The programme includes investigations into clinical negligence costs, probation service efficiency and financial sustainability of care homes. PAC also renamed two existing inquiries focusing on government services costs and data analytics.

FoE files ECHR challenge against UK National Adaptation Programme

Friends of the Earth (FoE) and two co-claimants filed a legal challenge in the European Court of Human Rights (ECHR) on 1 July 2025 against the UK government's National Adaptation Programme (NAP3). The action follows an unsuccessful challenge in the High Court. The claimants argue that NAP3 breaches human rights by failing to set specific and measurable objectives and assert that the government’s obligations under the Climate Change Act 2008 should be interpreted in line with the European Convention on Human Rights. They further contend that in developing the plan, the government should have considered the perspectives of those most vulnerable to climate impacts, such as older and disabled people, as well as people living in geographically vulnerable areas.

Cabinet Office publishes explanatory memorandum on decisions under UK-EU Trade and Cooperation Agreement

Cabinet Office has published an explanatory memorandum concerning Decision No 1/2025 of the Partnership Council, adopted on 18 June 2025, and Decision No 1/2025 of the Specialised Committee on Fisheries, adopted on 19 June 2025, under the UK-EU Trade and Cooperation Agreement (TCA). The Partnership Council decision issues an interpretation of Article 508(2)(d) of the TCA, clarifying that the Specialised Committee may adopt decisions providing for multiannual access to waters to fish. The Specialised Committee decision sets out the arrangements on the level and conditions of access granted by each Party to vessels of the other Party to fish in its waters from 1 July 2026 to 30 June 2038. The memorandum was submitted by the Rt Hon Nick Thomas-Symonds MP, Minister for the Cabinet Office (Minister for the Constitution and European Union Relations).