3.—(1) The Late Payment of Commercial Debts (Interest) Act 1998 shall come into force on 1st September 2000 in relation to contracts for the supply of goods or services made on or after that date between a small business supplier and any purchaser falling within the Schedule to this Order.
(2) The question whether a contract falls within this description is to be determined by reference to the circumstances when the contract is made and, accordingly, is not affected by any subsequent change in those circumstances.