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Commercial Payments Bill [HL]

Moved by

Lord Leong

53: Schedule 2, page 48, line 6, at end insert—

“1A In section 110 (dates for payment)—

(a) in subsection (3), for “subsection (1)” substitute “subsection (1)(a)”;

(b) after subsection (3) insert—

“(4) If or to the extent that a contract does not contain such provision as is mentioned in subsection (1)(b), the relevant provisions of the Scheme for Construction Contracts apply.

(5) But subsection (4) does not apply to a contract into which the term in section 68A(3) or 88A(3) of the Procurement Act 2023 is implied (implied final date for payment).””

Member’s explanatory statement

This amendment concerns what the rule is where a construction contract does not specify a final date for payment in relation to a sum that is due—clarifying that in the case of public construction contracts covered by the Procurement Act 2023, the implied term in that Act applies.

54: Schedule 2, page 49, line 4, at end insert—

“6A In Article 9 (dates for payment)—

(a) in paragraph (3), for “paragraph (1)” substitute “paragraph (1)(a)”;

(b) after paragraph (3) insert—

“(4) If or to the extent that a contract does not contain such provision as is mentioned in paragraph (1)(b), the relevant provisions of the Scheme apply.

(5) But paragraph (4) does not apply to a contract into which the term in section 68A(3) or 88A(3) of the Procurement Act 2023 is implied (implied final date for payment).””

Member’s explanatory statement

This amendment mirrors my other amendment to Schedule 2, by making provision for Northern Ireland corresponding to that for Great Britain.