Operations And Management Agreement for the United Kingdom

Operations And Management Agreement Template for England and Wales

An Operations and Management Agreement is a comprehensive legal document governed by the laws of England and Wales that establishes the terms and conditions under which one party (the Operator) provides operational and management services for another party's (the Owner) business, facility, or assets. The agreement details service scope, performance standards, fees, responsibilities, and risk allocation while ensuring compliance with UK regulatory requirements.

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What is a Operations And Management Agreement?

The Operations and Management Agreement is essential when a business owner wants to delegate operational responsibility to a specialized management company while retaining ownership. This agreement, governed by English and Welsh law, comprehensively outlines service delivery standards, operational procedures, performance metrics, fee structures, and risk allocation. It's particularly useful for complex operations requiring professional management expertise and is commonly used in sectors such as infrastructure, real estate, and facilities management.

What sections should be included in a Operations And Management Agreement?

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of management and operational services

5. Term and Termination: Duration and termination provisions

6. Fees and Payment: Financial terms and payment arrangements

7. Performance Standards: Service levels and performance metrics

8. Obligations of the Parties: Responsibilities of each party

What sections are optional to include in a Operations And Management Agreement?

1. Asset Management: Provisions for managing physical assets, including maintenance, replacement, and ownership responsibilities

2. Staff Transfer: TUPE provisions and staff management arrangements, including transfer terms and employment conditions

3. Intellectual Property: IP rights allocation, usage permissions, and protection measures

4. Environmental Compliance: Environmental standards, compliance requirements, and related operational obligations

What schedules should be included in a Operations And Management Agreement?

1. Schedule 1 - Service Level Agreement: Detailed performance metrics, standards, and measurement criteria

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of fees, payment terms, and calculation methodologies

3. Schedule 3 - Asset Register: Detailed inventory of assets under management, including condition and maintenance requirements

4. Schedule 4 - Key Personnel: List of key staff positions, roles, responsibilities, and replacement procedures

5. Schedule 5 - Operating Procedures: Detailed operational processes, procedures, and protocols

6. Schedule 6 - Reporting Requirements: Specifications for reporting format, frequency, and content requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Real Estate
Infrastructure
Healthcare
Hospitality
Manufacturing

Relevant Teams

Operations
Legal
Finance
Procurement
Human Resources
Compliance

Relevant Roles

Operations Director
Facility Manager
General Manager
Contract Manager
Chief Operating Officer

Industries

Companies Act 2006: Primary legislation governing company operations, including duties of directors and officers, corporate governance requirements, and company administration procedures

Employment Rights Act 1996: Fundamental legislation covering employment relationships, including management of employees, employment terms and conditions, and employee transfer provisions

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract to which they are not directly a party

Health and Safety at Work etc. Act 1974: Principal legislation for workplace health and safety in Great Britain, setting out employers' responsibilities to ensure safety of employees and premises

Management of Health and Safety at Work Regulations 1999: Detailed regulations requiring employers to assess and manage workplace risks to health and safety

UK GDPR: Post-Brexit data protection regulation governing how organizations must handle and protect personal data

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR to regulate personal data processing

Finance Acts: Various acts implementing the government's financial proposals, including taxation measures affecting business operations

Corporation Tax Acts: Legislation governing the taxation of company profits and corporate entities

Value Added Tax Act 1994: Principal legislation governing VAT obligations and procedures for businesses

Environmental Protection Act 1990: Framework for environmental regulation and waste management responsibilities

Landlord and Tenant Act 1954: Legislation governing the relationship between commercial landlords and tenants, including security of tenure

Competition Act 1998: Legislation prohibiting anti-competitive behavior and abuse of dominant market positions

Modern Slavery Act 2015: Requires businesses to ensure their operations and supply chains are free from slavery and human trafficking

Bribery Act 2010: Criminal law setting out offenses relating to bribery, requiring organizations to prevent bribery

Equality Act 2010: Consolidates anti-discrimination laws, protecting individuals from unfair treatment and promoting a fair and equal society

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What is a Operations And Management Agreement?

What sections should be included in a Operations And Management Agreement?

What sections are optional to include in a Operations And Management Agreement?

What schedules should be included in a Operations And Management Agreement?

Authors

Alex Denne

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