The Late Payment of Commercial Debts (Scotland) Regulations 2013

JurisdictionScotland
CitationSSI 2013/77
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S
2013 No. 77
CONTRACTS
The Late Payment of Commercial Debts (Scotland) Regulations
2013
Made - - - - 27th February 2013
Laid before the Scottish Parliament 28th February 2013
Coming into force - - 29th March 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by
section 2(2) of the European Communities Act 1972(a) and all other powers enabling them to do
so.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Late Payment of Commercial Debts (Scotland)
Regulations 2013 and come into force on 29th March 2013.
(2) These Regulations extend to Scotland only.
(3) These Regulations do not affect contracts made before 29th March 2013.
Amendments of the Late Payment of Commercial Debts (Interest) Act 1998
2.—(1) Section 4 of the Late Payment of Commercial Debts (Interest) Act 1998(b) (period for
which statutory interest runs) is amended as follows.
(2) After subsection (3) insert—
“(3A) If, in a case where the purchaser is a public authority, the relevant day under
subsection (3) would (but for this subsection) be later than the day which would be the
relevant day if subsection (5) applied, it is to be treated for the purposes of subsection (3) as
being the day which would be the relevant day if subsection (5) applied.
(3B) If, in a case where the purchaser is not a public authority, the relevant day under
subsection (3) would (but for this subsection) be more than 30 days after the day which
would be the relevant day if subsection (5) applied, it is to be treated for the purposes of
subsection (3) as being the day which is 30 days after the day which would be the relevant
day if subsection (5) applied.
(a) 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3)
(which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51)). Section 2(2) was also
amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 and by the European Union (Amendment)
Act 2008 (c.7), Schedule, Part 1. The functions conferred on the Minister of the Crown under section 2(2), insofar as within
devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
(b) 1998 c.20.

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