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993821

	registered interest
	date	23/10/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is their assessment of the impact on small and medium-sized enterprises (SMEs) of the requirement to pursue claims against public authorities in the courts in order to claim statutory interest and compensation; and what plans they have to improve access to interest and compensation owed to SMEs by public authorities due to late payment.
	tabling member printed	Lord Mendelsohn
	uin	HL10954
	answer	answer is ministerial correction date of answer 06/11/2018 answer text <p>The Government understands the importance of prompt, fair and effective payment in all businesses, especially small and medium-sized enterprises (SMEs) who may not have the cash reserves of larger companies.</p><p> </p><p>Suppliers can claim statutory interest where a public sector buyer has not paid an undisputed and valid invoice within the contractual payment terms, where the contract does not otherwise provide for the payment of interest.</p><p> </p><p>Statutory guidance for public sector buyers and suppliers on paying undisputed, valid invoices within 30 days down the public sector supply chain came into force on 26 February 2015. Public sector buyers must include 30 day payment terms in all public contracts and must ensure that their prime contractor includes equivalent 30 day payment terms in any subcontracts through the supply chain.</p><p> </p><p>The Government encourages businesses to report poor payment practice and instances of late payment in public sector contracts in breach of contract terms, including late payment in the supply chain, to its Mystery Shopper service.</p> answering member printed Lord Young of Cookham grouped question UIN HL10955 question first answered 06/11/2018 17:00:55 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

993822

	registered interest
	date	23/10/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is their assessment of the impact of small and medium-sized enterprises assigning their rights to pursue late payment claims against public authorities for statutory interest and compensation.
	tabling member printed	Lord Mendelsohn
	uin	HL10955
	answer	answer is ministerial correction date of answer 06/11/2018 answer text <p>The Government understands the importance of prompt, fair and effective payment in all businesses, especially small and medium-sized enterprises (SMEs) who may not have the cash reserves of larger companies.</p><p> </p><p>Suppliers can claim statutory interest where a public sector buyer has not paid an undisputed and valid invoice within the contractual payment terms, where the contract does not otherwise provide for the payment of interest.</p><p> </p><p>Statutory guidance for public sector buyers and suppliers on paying undisputed, valid invoices within 30 days down the public sector supply chain came into force on 26 February 2015. Public sector buyers must include 30 day payment terms in all public contracts and must ensure that their prime contractor includes equivalent 30 day payment terms in any subcontracts through the supply chain.</p><p> </p><p>The Government encourages businesses to report poor payment practice and instances of late payment in public sector contracts in breach of contract terms, including late payment in the supply chain, to its Mystery Shopper service.</p> answering member printed Lord Young of Cookham grouped question UIN HL10954 question first answered 06/11/2018 17:00:55 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

993820

	registered interest
	date	23/10/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what automatic entitlement they provide to suppliers in the event of late payment by a public authority; and what process they follow to ensure that (1) interest, and (2) compensation claimed is paid without the need for a reminder.
	tabling member printed	Lord Mendelsohn
	uin	HL10953
	answer	answer is ministerial correction date of answer 01/11/2018 answer text <p>The Public Contract Regulations 2015 require all contracting authorities to include 30 day payment terms in all public contracts and to ensure these payment terms are passed down the supply chain.</p><p> </p><p>Interest for late payment will be payable according to the terms of the particular contract or, in the absence of any express terms, for contracts for the commercial supply of goods and services, as provided for in the late payment legislation. Under the Late Payment of Commercial Debts (Interest) Act 1998, suppliers under such contracts are entitled to statutory interest, and debt recovery costs, on unpaid invoices.</p><p> </p><p>Where instances of late payment occur in public sector contracts, suppliers are encouraged to contact the government’s Mystery Shopper service.</p> answering member printed Lord Young of Cookham question first answered 01/11/2018 12:50:12 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

942040

	registered interest
	date	16/07/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is the process by which commercial suppliers can claim statutory interest on overdue invoices owed by public authorities, as provided for by the Late Payment of Commercial Debts (Interest) Act 1998; and what guidance is available to such suppliers regarding their right to claim interest on overdue invoices.
	tabling member printed	Lord Mendelsohn
	uin	HL9554
	answer	answer is ministerial correction date of answer 30/07/2018 answer text <p>Regulation 113 of the Public Contract Regulations requires all contracting authorities to pay undisputed invoices within 30 days and ensure this payment term is passed down the supply chain.</p><p> </p><p>Where undisputed invoices are not paid within 30 days, interest becomes payable as set out in the late payment legislation. Under the Late Payment of Commercial Debts (Interest) Act 1998, suppliers can claim statutory interest, and debt recovery costs, on invoices not paid within the agreed period.</p><p> </p><p>The Department for Business, Energy &amp; Industrial Strategy have published a user guide on the late payment directive and a copy is attached.</p><p> </p><p> </p><p> </p> answering member printed Lord Young of Cookham question first answered 30/07/2018 12:19:43 answering member 57 label Biography information for Lord Young of Cookham attachment 1 file name Users guide to the recast late payment directive.pdf title Users guide to the recast late payment directive
	tabling member	4286 label Biography information for Lord Mendelsohn

942041

	registered interest
	date	16/07/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how much statutory interest was (1) liable to be paid and (2) paid, by public sector bodies to commercial suppliers as a result of invoices paid later than 30 days in each year since 2010.
	tabling member printed	Lord Mendelsohn
	uin	HL9555
	answer	answer is ministerial correction date of answer 30/07/2018 answer text <p>This information is not held centrally.</p><p> </p><p>Under the Public Contracts Regulations, it is the responsibility of public sector buyers to publish annually the amount of interest paid to suppliers due to late payment. Additionally, central government departments publish interest liable, under the late payment legislation, on a quarterly basis. From March 2017, it has been a requirement for public sector buyers to publish the total amount of interest that they were liable to pay.</p><p> </p><p>The Public Contracts Regulations require public bodies to publish on the internet each year statistics showing how they have complied with the obligation to pay undisputed invoices within 30 days to their first tier suppliers/prime contractors.</p><p> </p><p>We encourage businesses to report instances where this is not happening to the Mystery Shopper service. Mystery Shopper will then investigate.</p><p> </p> answering member printed Lord Young of Cookham grouped question UIN HL9556 HL9557 question first answered 30/07/2018 12:18:24 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

942042

	registered interest
	date	16/07/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many commercial suppliers (1) claimed, and (2) received, statutory interest from public sector bodies due to late payment of commercial debts in each year since 2010.
	tabling member printed	Lord Mendelsohn
	uin	HL9556
	answer	answer is ministerial correction date of answer 30/07/2018 answer text <p>This information is not held centrally.</p><p> </p><p>Under the Public Contracts Regulations, it is the responsibility of public sector buyers to publish annually the amount of interest paid to suppliers due to late payment. Additionally, central government departments publish interest liable, under the late payment legislation, on a quarterly basis. From March 2017, it has been a requirement for public sector buyers to publish the total amount of interest that they were liable to pay.</p><p> </p><p>The Public Contracts Regulations require public bodies to publish on the internet each year statistics showing how they have complied with the obligation to pay undisputed invoices within 30 days to their first tier suppliers/prime contractors.</p><p> </p><p>We encourage businesses to report instances where this is not happening to the Mystery Shopper service. Mystery Shopper will then investigate.</p><p> </p> answering member printed Lord Young of Cookham grouped question UIN HL9555 HL9557 question first answered 30/07/2018 12:18:24 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

942043

	registered interest
	date	16/07/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many public authorities have published their performance online in relation to their duty to pay invoices from suppliers within 30 days as required by section 113(7) of the Public Contracts Regulations 2015 (SI 2015/102).
	tabling member printed	Lord Mendelsohn
	uin	HL9557
	answer	answer is ministerial correction date of answer 30/07/2018 answer text <p>This information is not held centrally.</p><p> </p><p>Under the Public Contracts Regulations, it is the responsibility of public sector buyers to publish annually the amount of interest paid to suppliers due to late payment. Additionally, central government departments publish interest liable, under the late payment legislation, on a quarterly basis. From March 2017, it has been a requirement for public sector buyers to publish the total amount of interest that they were liable to pay.</p><p> </p><p>The Public Contracts Regulations require public bodies to publish on the internet each year statistics showing how they have complied with the obligation to pay undisputed invoices within 30 days to their first tier suppliers/prime contractors.</p><p> </p><p>We encourage businesses to report instances where this is not happening to the Mystery Shopper service. Mystery Shopper will then investigate.</p><p> </p> answering member printed Lord Young of Cookham grouped question UIN HL9555 HL9556 question first answered 30/07/2018 12:18:24 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn

942044

	registered interest
	date	16/07/2018
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Public Sector: Billing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what sanctions are used in the event of a public authority not complying with the obligation to publish information regarding their late payment performance online as set out in section 113(7) of the Public Contracts Regulations 2015 (SI 2015/102).
	tabling member printed	Lord Mendelsohn
	uin	HL9558
	answer	answer is ministerial correction date of answer 30/07/2018 answer text <p>Normal public law remedies are available for failure by a contracting authority to comply with the requirement to publish information showing how far it has complied with its obligations to make payment within 30 days under section 113(7) of the Public Contracts Regulations 2015.</p><p>The Mystery Shopper service assists in ensuring compliance with obligations under these Regulations, including the requirement to publish information under section 113(7). We encourage businesses to report any instances where this may not be happening to the Service who will then investigate. Contracting authorities must give assistance to any Mystery Shopper investigation and must provide documents or information for the purpose of any such investigation within a set timeframe of 30 days.</p> answering member printed Lord Young of Cookham question first answered 30/07/2018 12:17:12 answering member 57 label Biography information for Lord Young of Cookham
	tabling member	4286 label Biography information for Lord Mendelsohn