Section 68

The terms in subsections (2) to (5) are implied into every public contract entered into by a contracting authority, except a public contract that is— a concession contract, a utilities contract awarded by a private utility, or a contract awarded by a school. Any sum due to be paid under the public contract by the contracting authority must be paid before the end of the period of 30 days beginning with— the day on which an invoice is received by the contracting authority in respect of the sum, or if later, the day on which the payment falls due in accordance with the invoice. The term in subsection (2) does not apply if the contracting authority— considers the invoice invalid, or disputes the invoice. On receiving an invoice from a payee, the contracting authority must notify the payee without undue delay if— it considers the invoice invalid, or it disputes the invoice. A contracting authority may rely on a payment made by a third party to satisfy the term in subsection (2) only with the agreement of the payee. Any term purporting to restrict or override the terms implied by this section is without effect. But nothing in this section prohibits the parties to a contract from agreeing that a sum due under the contract must be paid earlier than would be required by the term in subsection (2). For the purposes of the terms in subsections (2) to (5), an invoice is valid if— it is an electronic invoice issued in the required electronic form, or it sets out the minimum required information and meets any other requirement set out in the contract. The minimum required information is— the name of the invoicing party, a description of the goods, services or works supplied, the sum requested, and a unique identification number. An appropriate authority may by regulations amend this section for the purpose of changing the period within which a sum due under a contract must be paid, but the period may not exceed 30 days. In this section— “electronic invoice” and “required electronic form” have the meanings given in section 67(3); “payee” means the person due to be paid under the invoice concerned; a reference to a contracting authority receiving an invoice includes a reference to an invoice being delivered to an address, or through an electronic invoicing system, specified in the contract for the purpose.

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Source: legislation.gov.uk · retrieved 2026-09-04