The Public Procurement (Electronic Invoices etc.) Regulations 2019

Amendments to the Utilities Contracts Regulations 2016

5.—(1) The Utilities Contracts Regulations 2016 are amended as follows.

(2) Before Part 6 insert—

“PART A6 PROCESSING OF INVOICES SUBMITTED ELECTRONICALLY

Contractual provisions relating to the processing of electronic invoices

A120.— (1) This regulation applies in respect of any contract which has been awarded, or which is to be awarded, in accordance with Parts 1 to 4.

(2) A utility must ensure that every contract which it awards contains a provision requiring the utility to accept and process an electronic invoice submitted for payment by or on behalf of the contractor where the conditions in paragraph (3) are met.

(3) The conditions are that—

(a) the invoice is undisputed; and

(b) the invoice complies with the standard on electronic invoicing.

(4) A failure to comply with paragraph (2) does not, of itself, affect the validity of a contract that has been entered into.

(5) To the extent that a contract which has been awarded does not contain express provision requiring the utility to accept and process an electronic invoice where the conditions in paragraph (3) are met, a term to that effect is to be implied into the contract.

(6) For the purposes of this regulation, an electronic invoice complies with the standard on electronic invoicing where it complies with—

(a) the European standard, and

(b) any of the syntaxes,

published in Commission Implementing Decision (EU) 2017/1870 as amended from time to time.

(7) In this regulation, “electronic invoice” means an invoice which has been issued, transmitted and received in a structured electronic format which allows for its automatic and electronic processing.”.