Agency Regs Opt-in/Opt-out

Posted here by mistake - please answer the copy in the Legal Forum,

Ferdinand.

Here we go again

I'm back in contracting after a few years.

I'm due to start a contract during the next week, and the paperwork just arrived today. The "Assignment Schedule" and contains the magic words:

"Consultant Status: Opt-out from regulations; Service Provider Status: Opt-out from regulations".

The consultant is me. The service provider is the umbrella company I am using.

The "model contract" I obtained from the agency (who are an "employment business" ) when I talked to them says nothing specific about opt-ins and opt-outs, but is drafted to allow for both options. I did the interview this week.

Now, the question:

My understanding is that:

a) I want to be opted in.
b) I can only opt out (or be opted out ) from the Regs if a conversation was held between me and the agency and documented before I was introduced to the client. No such conversation was held.

Therefore my conclusion is that at this stage I could not opt-out even if I wanted to.

Comments would be most welcome.

Ferdy