IR35 Advice Please!

[D-A-V-Y]

My new contract states

**** acknowledges that the Assignment
will be provided by the Contractor using one or a
number of individuals named in the Assignment
Summary ("Individuals"). Nothing in these Terms
shall give rise to the presumption that the
Individuals are employees of Spring or the Client.
5. The Contractor shall be entitled to
propose a replacement for Individual(s) but any
such replacement shall only take place with the
approval of the Client.

However it later states

Clause 5 of the **** Terms and Conditions does not apply.

Does this mean I have no right of substitution I am likely to be inside IR35? Or can I get round this by the fact you must be security cleared to work on the clients project?? Also are there any other clauses I need to look out for re IR35?

Cheers

[Sockpuppet]

There is a whole load of clauses in IR35. Use a contract review service such as B&C and they will give you an answer.

[D-A-V-Y]

There is a whole load of clauses in IR35. Use a contract review service such as B&C and they will give you an answer.

Sorry, I'm fairly new to contracting and have just left GIANT to go Ltd. Who are B&C? Is this a service my accountant will also provide?

[Sockpuppet]

They specalise in looking to see if you contract is in or out of IR35.

Your accountant may do this ... however be sure they specialise in IR35.

These do it:


http://www.bauerandcottrell.co.uk/services.asp

[D-A-V-Y]

They specalise in looking to see if you contract is in or out of IR35.

Your accountant may do this ... however be sure they specialise in IR35.

These do it:

http://www.bauerandcottrell.co.uk/services.asp

Cheers, I'll get onto it tomorrow, I don't like the look of mine so far and think I need some amends done ...