Opt out regulation 32(9), signing contract again??

[legal]

I have already signed a contract with agency and opted out. Just to clarify, I have checked both box where it says:

“If you wish to give notice under regulation 32(9) of the conduct of employment Agencies and employment businesses regulations 2003 as amended from time to time, that the regulations do not apply please tick here on behalf of the company”

AND

“If you wish ******** Tick here acting in the capacity of the relevant consultant”

After that I have read in detail threads here, including:

http://forums.contractoruk.com/busin...-2003-act.html

So now I have got an impression that I should not opt out…(I haven’t started contract yet.)

Now the start date is delayed by 2 days and hence, I will be signing a new contract with changed start and end dates. Should I NOT check boxes for the above two statements this time?

(Initially my accountant was like, “you should sign “opt out” agreements and this will assist in demonstrating that you operate outside IR35, provided that it then reflected the working practices.” Hence I opted out)

[cojak]

This is why I go to proper contract reviewers like QDOs or Bauer & Cottrell and not my accountant. Opt-out has no impact on IR35 assessment.

And as for not ticking the boxes, just tell them you've changed your mind.

[Wanderer]

And as for not ticking the boxes, just tell them you've changed your mind.

Agreed. Provided you have not yet started work, you are entitled to do this. Write to them saying:

"As provided for under section 32(10) of The Conduct of Employment Agencies and Employment Businesses Regulations 2003, I am giving you notice that I am withdrawing my earlier agreement to opt out of the regulations. As the agreement to opt out has now been withdrawn, the regulations WILL apply to this engagement"

The agency may get angry about this but just stand firm, also note that section 32(13) prohibits the agency from refusing the provision of work-finding services because you refuse to opt out or withdraw the opt out.