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The Late Payment of Commercial Debts (Scotland) Amendment Regulations 2018

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1.  These Regulations may be cited as the Late Payment of Commercial Debts (Scotland) Amendment Regulations 2018 and come into force on 29th June 2018.

Amendment of the Late Payment of Commercial Debts (Scotland) Regulations 2002

2.—(1) The Late Payment of Commercial Debts (Scotland) Regulations 2002(1) are amended in accordance with paragraph (2).

(2) For regulation 3 (proceedings restraining use of grossly unfair terms), substitute—

Proceedings restraining grossly unfair terms or practices

3.(1) In this regulation, “representative body” means an organisation established to represent the collective interests of any undertaking, either in general or in a particular sector or area.

(2) Paragraph (3) applies where a person acting in the course of a business enters (or intends to enter) as purchaser into a contract to which the Late Payment of Commercial Debts (Interest) Act 1998(2) applies.

(3) On the application of a representative body, the Court of Session may grant an interdict on such terms as it thinks fit restraining the person from relying on a term in the contract, or engaging in a practice in relation to the contract, where that term or practice relates to—

(a)the date or period for payment of a debt;

(b)the right to interest for late payment of a debt; or

(c)compensation arising out of late payment of a debt,

and in all the circumstances of the case that term or practice appears to the Court of Session to be grossly unfair..

Saving for existing contracts

3.  These Regulations do not affect contracts made before the date these Regulations come into force.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

17th May 2018

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