The Public Procurement (Electronic Invoices etc.) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/624 |
2019 No. 624
Public Procurement
The Public Procurement (Electronic Invoices etc.) Regulations 2019
Made 20th March 2019
Coming into force in accordance with regulation 1
The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by section 2(2) of, read with paragraph 1A of Schedule 2 to, the European Communities Act 19721and by sections 39(1) and (5)(d) and 161(2) of the Small Business, Enterprise and Employment Act 20152.
The Minister for the Cabinet Office is designated for the purposes of the European Communities Act 1972 in relation to public procurement3.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Minister for the Cabinet Office that it is expedient for certain references to Commission Implementing Decision (EU) 2017/18704to be construed as references to that instrument as amended from time to time.
In accordance with section 39(6) of the Small Business, Enterprise and Employment Act 2015, the Minister for the Cabinet Office has undertaken such consultation as the Minister considers appropriate.
In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 19725and sections 39(10) and 161(4) of the Small Business, Enterprise and Employment Act 2015, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1.—(1) These Regulations may be cited as the Public Procurement (Electronic Invoices etc.) Regulations 2019.
(2) Subject to paragraph (3), these Regulations come into force on 18th April 2019.
(3) Regulation 5 comes into force on 18th April 2020.
Amendments to the Defence and Security Public Contracts Regulations 2011
2.—(1) The Defence and Security Public Contracts Regulations 20116are amended as follows.
(2) Before Part 10 insert—
“PART A10
PROCESSING OF INVOICES SUBMITTED ELECTRONICALLY
Contractual provisions relating to the processing of electronic invoices
A66.—(1) Subject to paragraph (2), this regulation applies in respect of any contract which has been awarded, or which is to be awarded, in accordance with these Regulations.
(2) This regulation does not apply in respect of a particular contract if—
(a)
(a) the performance of that contract is classified as secret or must be accompanied by special security measures; and
(b)
(b) the essential security interests of the United Kingdom are such that those interests cannot be guaranteed if the contracting authority is required to accept and process electronic invoices submitted for payment under that contract.
(3) A contracting authority must ensure that every contract which it awards contains a provision requiring the contracting authority to accept and process an electronic invoice submitted for payment by or on behalf of the contractor where the conditions in paragraph (4) are met.
(4) The conditions are that—
(a)
(a) the invoice is undisputed; and
(b)
(b) the invoice complies with the standard on electronic invoicing.
(5) A failure to comply with paragraph (3) does not, of itself, affect the validity of a contract that has been entered into.
(6) To the extent that a contract which has been awarded does not contain express provision requiring the contracting authority to accept and process an electronic invoice where the conditions in paragraph (4) are met, a term to that effect is to be implied into the contract.
(7) For the purposes of this regulation, an electronic invoice complies with the standard on electronic invoicing where it complies with—
(a)
(a) the European standard, and
(b)
(b) any of the syntaxes,
published in Commission Implementing Decision (EU) 2017/1870 as amended from time to time.
(8) 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.
Application of regulation A66 to utilities and sub-central contracting authorities
B66.—(1) Regulation A66 does not apply until 18th April 2020 in respect of a contract awarded by—
(a)
(a) a utility; or
(b)
(b) a sub-central contracting authority.
(2) But paragraph (1) does not apply where—
(a)
(a) in the case of a contract that has been awarded, the utility or sub-central contracting authority was acting as a central purchasing body;
(b)
(b) in the case of a contract that is to be awarded, the utility or sub-central contracting authority is to award it acting as a central purchasing body.
(3) In this regulation—
“sub-central contracting authority” has the meaning given by—
(a) regulation 2(1) of the Public Contracts Regulations 20157;
(b) regulation 2(1) of the Public Contracts (Scotland) Regulations 20158;
“utility” means—
(a) a utility within the meaning of regulation 5 of the Utilities Contracts Regulations 20169;
(b) a utility within the meaning of regulation 4 of the Utilities Contracts (Scotland) Regulations 201610.”.
Amendments to the Public Contracts Regulations 2015
3.—(1) The Public Contracts Regulations 2015 are amended as follows.
(2) In regulation 1—
(a)
(a) in paragraph (8), before the words “Part 4” insert “Subject to paragraph (8A),”;
(b)
(b) after paragraph (8) insert—
“8A The following provisions of Part 4 apply to a contracting authority with functions that are wholly or mainly Northern Ireland devolved functions or Welsh devolved functions—
(a) regulation 113A;
(b) regulation 113B;
(c) regulation 114.”;
(c)
(c) in paragraph (9), before the words “Part 4” insert “Except for regulations 113A, 113B and 114,”.
(3) In regulation 57(1), omit sub-paragraph (la).
(4) After regulation 113 insert—
“Contractual provisions relating to the processing of electronic invoices
113A.—(1) This regulation applies in respect of any public contract which has been awarded, or which is to be awarded, in accordance with Part 2.
(2) A contracting authority must ensure that every contract which it awards contains a provision requiring the contracting authority 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)
(a) the invoice is undisputed; and
(b)
(b) the invoice complies with the standard on electronic invoicing.
(4) To the extent that a contract which has been awarded does not contain express provision requiring the contracting authority 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.
(5) For the purposes of this regulation, an electronic invoice complies with the standard on electronic invoicing where it complies with—
(a)
(a) the European standard, and
(b)
(b) any of the syntaxes,
published in Commission Implementing Decision (EU) 2017/1870 as amended from time to time.
(6) 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.
Application of regulation 113A to sub-central contracting authorities
113B.—(1) Regulation 113A does not apply until 18th April 2020 in respect of a contract awarded by a sub-central contracting authority.
(2) But paragraph (1) does not apply where—
(a)
(a) in the case of a contract that has been awarded, the sub-central contracting authority was acting as a central purchasing body;
(b)
(b) in the case of a contract that is to be awarded, the sub-central contracting authority is to award it acting as a central purchasing body.”.
Amendments to the Concession Contracts Regulations 2016
4.—(1) The Concession Contracts Regulations 201611are amended as follows.
(2) In regulation 38(8)(m), for “section 2 or 4” substitute “sections 1, 2 or 4”.
(3) After regulation 64 insert—
“PART 5A
Processing of invoices submitted electronically
Contractual provisions relating to the processing of electronic invoices
64A.—(1) This regulation applies in respect of any concession contract which has been awarded, or which is to be awarded, in accordance with these Regulations.
(2) A contracting authority or utility must ensure that every concession contract which it awards contains a provision requiring the contracting authority or 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)
(a) the invoice is undisputed; and
(b)
(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 concession contract...
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