11AThird parties

11A Third parties

11A.1 A non‑corporate Commonwealth entity is required, when entering into a contract with a third party that includes a right of subrogation in favour of the third party, to use its best endeavours to ensure that the contract includes a provision requiring the third party, and its agents: (a) to comply with Appendix B of the Directions when undertaking that litigation on behalf of the Commonwealth, and (b) to consult with that entity if any matters relevant to paragraphs 2 and 10 of the Directions arise in the course of undertaking that litigation on behalf of the Commonwealth. 11A.2 The operation of these Directions extends to any legal services which the non‑corporate Commonwealth entity has the ability to control as a result of an indemnity given to, or an arrangement made with, another body or person.