KubitDocs · Legislation

Late Payment of Commercial Debts (Interest) Act 1998

Provisions the documents cite: s.1 (statutory interest implied), s.4 (period for which statutory interest runs), s.5A (fixed-sum compensation and reasonable recovery costs)

What it requires

s.1 — a contract to which the Act applies carries an implied term that a qualifying debt created by it carries simple interest ("statutory interest"). s.4 — statutory interest runs from the day after the relevant day: the agreed payment day or, where none is agreed, the last day of the 30-day period beginning with the later of performance of the supplier's obligation and the purchaser's notice of the amount. Where the purchaser is a public authority and the 30-day period ends before the agreed payment day, the relevant day is the end of the 30-day period. Where the purchaser is not a public authority and a 60-day period ends before the agreed payment day, the relevant day is the end of the 60-day period unless the agreed day is not grossly unfair to the supplier. An acceptance or verification procedure delays the start, but not beyond 30 days after performance unless a longer period is expressly agreed and is not grossly unfair. s.5A — once statutory interest begins to run the supplier is also entitled to a fixed sum of £40 for a debt under £1,000, £70 for a debt of £1,000 or more but under £10,000, and £100 for £10,000 or more, plus its reasonable recovery costs so far as the fixed sum does not meet them.

The instrument itself: https://www.legislation.gov.uk/ukpga/1998/20. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

How this entry is kept current

  • Citation status: read in full at the primary source.
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The 4 documents that cite it

Every KubitDocs document prints its statutory basis on the form itself, so the person signing can verify the citation rather than take our word for it.

Building contracts

Payment notices

Trade admin