The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 6) (Scotland) Order 2002

Scottish Statutory Instruments

2002 No. 337 (C. 17)

CONTRACTS

The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 6) (Scotland) Order 2002

Made

2nd July 2002

The Scottish Ministers, in exercise of the power conferred by section 17(2) of the Late Payment of Commercial Debts (Interest) Act 1998(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and extent

1.—(1) This Order may be cited as the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 6) (Scotland) Order 2002.

(2) This order extends to Scotland only.

Commencement of the Late Payment of Commercial Debts (Interest) Act 1998

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.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd July 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force the Late Payment of Commercial Debts (Interest) Act 1998 (“the Act”) 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 sixth Commencement Order. The Act is now fully in force for all purposes in Scotland.

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.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Late Payment of Commercial Debts (Interest) Act 1998 (“the Act”) 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
5.  All types of contract within the scope of the Act, which is brought into force in England, Wales and Northern Ireland for all purposes.	7th August 2002	2000/1673

(1)

1998 c. 20; the functions of the Secretary of State, insofar as they relate to Scotland, were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).