Statutory Instruments
2024 No. 444
COMPANIES
CONTRACTS
LIMITED LIABILITY PARTNERSHIPS
The Reporting on Payment Practices and Performance (Amendment) Regulations 2024
Made
25th March 2024
Coming into force
5th April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 3(1) and (4) and 161(2) of the Small Business, Enterprise and Employment Act 2015( 1 ) and sections 15 and 17(3) of the Limited Liability Partnerships Act 2000( 2 ).
In accordance with section 3(8) of the Small Business, Enterprise and Employment Act 2015, the Secretary of State has consulted such persons as the Secretary of State considered appropriate.
In accordance with sections 3(9) and 161(4) of the Small Business, Enterprise and Employment Act 2015 and section 17(4) of the Limited Liability Partnerships Act 2000, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement, extent and application
1. —(1) These Regulations may be cited as the Reporting on Payment Practices and Performance (Amendment) Regulations 2024.
(2) These Regulations come into force on 5th April 2024.
(3) The amendments made by regulation 2(4) apply in relation to each financial year of a company beginning on or after 1st January 2025.
(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment to the Reporting on Payment Practices and Performance Regulations 2017
2. —(1)The Reporting on Payment Practices and Performance Regulations 2017( 3 ) are amended as follows.
(2) In regulation 1 (citation and commencement), in paragraph (3), for “6th April 2024” substitute “6th April 2031” .
(3) In regulation 11 (review), in paragraph (1), for “6th April 2022” substitute “6th April 2029” .
(4) In the Schedule (information)—
(a) in paragraph 9, after sub-paragraph (b) insert—
“ (c) the sum total of those payments which were made, where day 1 is the first day after the relevant day—
(i) within the period beginning on day 1 and ending with day 30;
(ii) within the period beginning on day 31 and ending with day 60;
(iii) on or after day 61. ” ;
(b) after paragraph 10, insert—
“ 10A. In relation to the payments under qualifying contracts that fall due within the reporting period, a statement of the sum total of these payments which were not made within the payment period.
10B. In relation to the payments under qualifying contracts that fall due within the reporting period, a statement of the percentage of these payments which were not made within the payment period as a result of a dispute. ” ;
(c) in paragraph 13, after the definition of “average” insert—
“ “ finance provider ” means a body corporate that—
lends money or provides credit in the course of a business,
arranges or facilitates the provision of debt or equity finance in the course of a business, or
provides, arranges or facilitates invoice discounting or factoring in the course of a business;
“ invoiced sum ” means a sum payable under an invoice; ” ;
(d) for paragraph 14, substitute—
“ 14. For the purposes of this Schedule—
(a) a payment falls due on the last day of the payment period;
(b) subject to sub-paragraph (d), a payment is made—
(i) when it is received by the supplier, unless sub-paragraph (c) applies, or
(ii) where sub-paragraph (c) applies, when it is received by the finance provider from the qualifying company;
(c) this sub-paragraph applies if there is an arrangement under which—
(i) the supplier receives part payment of an invoiced sum from a finance provider before the end of the payment period; and
(ii) the qualifying company pays the invoiced sum to the finance provider;
(d) where there is any delay in the payment or any part of the payment being received for which the qualifying company is not responsible, the payment is deemed to have been made when it would have been received without that delay. ” .
Amendment to the Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017
3. —(1)The Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017( 4 ) are amended as follows.
(2) In regulation 1 (citation and commencement), in paragraph (3), for “6th April 2024” substitute “6th April 2031” .
(3) In regulation 11 (review), in paragraph (1), for “6th April 2022” substitute “6th April 2029” .
Kevin Hollinrake
Minister for Enterprise, Markets and Small Business
Department for Business and Trade
25th March 2024