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Late Payment of Commercial Debts (Interest) Act 1998

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This is the original version (as it was originally enacted).

2Contracts to which Act applies

(1)This Act applies to a contract for the supply of goods or services where the purchaser and the supplier are each acting in the course of a business, other than an excepted contract.

(2)In this Act “contract for the supply of goods or services” means—

(a)a contract of sale of goods; or

(b)a contract (other than a contract of sale of goods) by which a person does any, or any combination, of the things mentioned in subsection (3) for a consideration that is (or includes) a money consideration.

(3)Those things are—

(a)transferring or agreeing to transfer to another the property in goods;

(b)bailing or agreeing to bail goods to another by way of hire or, in Scotland, hiring or agreeing to hire goods to another; and

(c)agreeing to carry out a service.

(4)For the avoidance of doubt a contract of service or apprenticeship is not a contract for the supply of goods or services.

(5)The following are excepted contracts—

(a)a consumer credit agreement;

(b)a contract intended to operate by way of mortgage, pledge, charge or other security; and

(c)a contract of a description specified in an order made by the Secretary of State.

(6)An order under subsection (5)(c) may specify a description of contract by reference to any feature of the contract (including the parties).

(7)In this section—

  • “business” includes a profession and the activities of any government department or local or public authority;

  • “consumer credit agreement” has the same meaning as in the [1974 c. 39.] Consumer Credit Act 1974;

  • “contract of sale of goods” and “goods” have the same meaning as in the [1979 c. 54.] Sale of Goods Act 1979;

  • “property in goods” means the general property in them and not merely a special property.

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