Statutory Instruments
CONTRACTS, ENGLAND AND WALES
CONTRACTS, NORTHERN IRELAND
Made
22nd June 2002
The Secretary of State, in exercise of the power conferred on her by section 17(2) of the Late Payment of Commercial Debts (Interest) Act 1998(1) and of all other powers enabling her in that behalf, hereby makes the following Order:—
1.—(1) This Order may be cited as the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 5) Order 2002 and shall come into force on 7th August 2002.
(2) This Order extends to England and Wales, and Northern Ireland(2).
2. The Late Payment of Commercial Debts (Interest) Act 1998, so far as not then in force, shall come into force on 7th August 2002.
Nigel Griffiths
Parliamentary Under-Secretary of State for Small Business
Department of Trade and Industry
22nd June 2002
(This note is not part of the Order)
This Order brings into force the Late Payment of Commercial Debts (Interest) Act 1998 for all remaining commercial contracts for the supply of goods or services not already covered by the preceding four commencement orders. The previous Orders covered contracts between (respectively as suppliers and purchasers) small businesses and large businesses, small businesses and public authorities and small businesses and other small businesses. This is the fifth Commencement Order.
This Order partially implements Directive 2000/35/EC of the European Parliament and Council of 29th June 2000 on combating late payment in commercial transactions. A Transposition Note detailing the manner of implementation of this Directive is available at www.dti.gov.uk or from Investment Directorate, Small Business Service, St Mary’s House, c/o Moorfoot, Sheffield S1 4PQ. Tel: 0114-259-7847.
(This note is not part of the Order)
The Late Payment of Commercial Debts (Interest) Act 1998 has been applied to the following different types of commercial contracts for the supply of goods and services by commencement order made prior to the date of this Order.
| Types of Commercial Contract | Date of Commencement | S.I. No | |
|---|---|---|---|
| 1. | Contracts between small businesses (as suppliers) and UK public authorities and large businesses (both as purchasers) | 1st November 1998 | 1998/2479 |
| 2. | Contracts between small businesses (as suppliers) and further UK public authorities (as purchasers) | 1st July 1999 | 1999/1816 |
| 3. | Contracts between small businesses (as suppliers) and certain further UK public authorities (as purchasers) | 1st September 2000 | 2000/2225 |
| 4. | Contracts between small businesses (as suppliers) and small businesses (as purchasers) | 1st November 2000 | 2000/2740 |
The functions of the Secretary of State under the Late Payment of Commercial Debts (Interest) Act 1998, insofar as they relate to Scotland, have been transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).