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Defined terms — Late Payment of Commercial Debts (Interest) Act 1998

United Kingdom · ukpga/1998/20 · 114 provisions

14 defined in this instrument.

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advance payment — a payment falling due before the obligation of the supplier to which the whole contract price relates (“the supplier’s obligation”) is performed, other than a payment of a part of the contract price that is due in respect of any part performance of that obligation and payable on or after the day on which that part performance is completed Section 11(2)
contract — a contract falling within section 2(1) Section 12(3)
contract for the supply of goods or services — — a contract of sale of goods; or a contract (other than a contract of sale of goods) by which a person does any, or any combination, of the things mentioned in subsection (3) for a consideration that is (or includes) a money consideration Section 2(2)
contract price — the price in a contract of sale of goods or the money consideration referred to in section 2(2)(b) in any other contract for the supply of goods or services Section 16(1)
contract term — a term of the contract creating the debt or any other contract term binding the parties (or either of them) Section 10(1)
contract term — a term of the contract relating to a sum due to the supplier under this section Section 5A(5)
contractual remedy — a contractual right to interest or any contractual remedy other than interest; “contractual right to interest” includes a reference to a contractual right to charge interest; “overall remedy”, in relation to the late payment of the debt, means any combination of a contractual right to interest, a varied right to statutory interest or a contractual remedy other than interest; “substantial remedy” shall be construed in accordance with section 9 Section 10(1)
foreign law — the law of a country outside the United Kingdom Section 12(3)
property in goods — the general property in them and not merely a special property Section 2(7)
public authority — a public authority within the meaning of the Procurement Act 2023 (see section 2 of that Act) that is not— an excluded authority within the meaning of section 2(5)(a), (c) or (d) of that Act, but as if in section 2(5)(d)(ii) the reference to paragraph (b) were omitted, or the Common Council of the City of London other than for the purposes of its functions as a local authority, police authority or port health authority. In this section— “advance payment” has the same meaning as in section 11; “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978) Section 4(8)
purchaser — (subject to section 13(2)) the buyer in a contract of sale or the person who contracts with the supplier in any other contract for the supply of goods or services Section 16(1)
qualifying debt — a debt falling within section 3(1) Section 16(1)
statutory interest — interest carried by virtue of the term implied by section 1(1) Section 16(1)
supplier — (subject to section 13(2)) the seller in a contract of sale of goods or the person who does one or more of the things mentioned in section 2(3) in any other contract for the supply of goods or services Section 16(1)