This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Small Business Commissioner (Scope and Scheme) Regulations 2017 No. 1273
(This note is not part of the Regulations)
The Enterprise Act 2016 (“the Act”) establishes the Small Business Commissioner. The Commissioner’s principal functions are to provide general advice and information to small businesses and to consider complaints from small businesses relating to payment matters in connection with the supply of goods and services to larger businesses, and to make recommendations. The Act provides that a “small business” means a relevant undertaking which has a headcount of staff of less than 50, amongst other things (see section 2). These Regulations provide further detail about which small businesses qualify to access the Commissioner’s services.
In relation to the Commissioner’s complaints handling function, the Act requires the Commissioner to establish, maintain and administer a scheme (“the SBC complaints scheme”) under which the Commissioner enquires into, considers and determines relevant complaints. The Act further requires the Secretary of State to make regulations about the making, consideration and determination of complaints for consideration under the SBC complaints scheme and the making of any recommendations and the preparation and publications of reports under section 6 of the Act. These Regulations fulfil that obligation.
Regulation 2 sets out further provision about the meaning of “small business”.
Regulation 3 provides that the person making the complaint must communicate the substance of the complaint to the person against whom it is made, unless the Commissioner considers there is sufficient information that such communication would have a significant detrimental effect on the commercial interests of the person making the complaint.
Regulation 4 sets out the requirements as to the form of the complaint, including that it must be made in writing. This regulation also sets out various details that must be included in the complaint.
Regulation 5 sets out the time limit for presenting the complaint, which will, in most cases, be 12 months from the date on which the matter to which the complaint relates took place. Regulation 6 provides that the Commissioner may fix and extend time limits for other aspects of the proceedings.
Regulation 7 sets out the circumstances in which the Commissioner may dismiss a complaint and Regulation 8 provides that the Commissioner must notify the person making the complaint and may notify the person against whom the complaint is made when the complaint is dismissed or is not being entertained under the SBC complaints scheme.
The Act provides that a complaint must be determined under the SBC complaints scheme by reference to what is, in the Commissioner’s view, fair and reasonable in all the circumstances of the case. Regulation 9 sets out what matters the Commissioner must take into account when determining whether an act or omission was fair and reasonable.
The Act. also provides that the Commissioner may publish a report of the enquiry into, consideration and determination of a complaint under the SBC complaints scheme. It further provides that the Commissioner may identify a respondent in any such report. Regulation 10 sets out the factors that the Commissioner must take into account when deciding whether to identify a respondent in a report.
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