Statutory Instruments
2000 No. 2740 (C. 77)
CONTRACTS
The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 4) Order 2000
Made
9th October 2000
The Secretary of State, in exercise of the power conferred on him by section 17(2) of the Late Payment of Commercial Debts (Interest) Act 1998( 1 ) and of all other powers enabling him in that behalf, hereby makes the following Order:β
Citation
1. This Order may be cited as the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 4) Order 2000.
Interpretation
2. β(1) In this Orderβ
(a) βsmall business supplierβ means a supplier, not being a United Kingdom public authority, whose business is a small business;
(b) βsmall business purchaserβ means a purchaser, not being a United Kingdom public authority, whose business is a small business;
(c) βUnited Kingdom public authorityβ means an authority falling within Schedule 1 to the first commencement order, the Schedule to the second commencement order or the Schedule to the third commencement order;
(d) βthe first commencement orderβ means the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 1) Order 1998( 2 );
(e) βthe second commencement orderβ means the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 2) Order 1999( 3 );
(f) βthe third commencement orderβ means the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 3) Order 2000( 4 ).
(2) For the purposes of this Order, a business is a small business if the number of full-time employees employed in the business is 50 or fewer when calculated in accordance with Schedule 2 to the first commencement order.
Contracts in relation to which the Late Payment of Commercial Debts (Interest) Act 1998 comes into force on 1st November 2000
3. β(1)The Late Payment of Commercial Debts (Interest) Act 1998 shall come into force on 1st November 2000 in relation to contracts for the supply of goods or services made on or after that date between a small business supplier and a small business purchaser.
(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.
Patricia Hewitt,
Minister for Small Business and E-Commerce
Department of Trade and Industry
9th October 2000