The Late Payment of Commercial Debts (Interest) Act 1998 (Transitional Provisions) Regulations 1998

Proof of size of purchaser’s business

2.—(1) These Regulations apply to any proceedings relating to a contract for the supply of goods and services made between a supplier and purchaser neither of whom are United Kingdom public authorities while the Late Payment of Commercial Debts (Interest) Act 1998(1) is not fully in force.

(2) In any such proceedings it shall be presumed (for the purposes of determining whether that Act applies to the contract by virtue of any order made under section 17(2) thereof), until the contrary is proved, that the business of the purchaser is a large business.

(3) In this regulation–

(a) “United Kingdom public authority” means an authority–

(i) which is a United Kingdom public authority for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 1) Order 1998(2) (“the first commencement order”); or

(ii) being an authority which was not in existence on the date that Order was made, that is to say, 4th October 1998, it is to be regarded by virtue of any later order made under the said section 17(2) as a United Kingdom public authority; and

(b) “large business” means a business which is a large business for the purposes of the first commencement order.

(1)

1998 c. 20.

(2)

S.I. 1998/2479 (C. 56).