{
  "url": "https://openlegislation.uk/draft-small-business-commissioner-scope-and-scheme-regulations-2017/regulation-2",
  "json_url": "https://openlegislation.uk/draft-small-business-commissioner-scope-and-scheme-regulations-2017/regulation-2.json",
  "legislation": "ukdsi/2017/9780111159217",
  "legislation_title": "The Small Business Commissioner (Scope and Scheme) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/draft-small-business-commissioner-scope-and-scheme-regulations-2017",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Further provision about the meaning of “small business”",
  "text": "(1) For the purpose of Part 1 of the 2016 Act, a relevant undertaking is a small business if it meets any of the following criteria—\n(a) it has a headcount of staff of less than 50 on Assessment Date A;\n(b) where the relevant undertaking is seeking a determination of a complaint under the SBC complaints scheme, it has a headcount of staff of less than 50 on Assessment Date B; or\n(c) it has an average headcount of staff of less than 50 during any assessment period.\n(2) Assessment Date A is the date on which the relevant undertaking makes contact with the Commissioner.\n(3) Assessment Date B is the date on which the matter to which the complaint relates took place or started to take place.\n(4) The assessment periods are—\n(a) the last financial year of the relevant undertaking that ended prior to Assessment Date A;\n(b) where the period beginning with the date on which the current financial year of the undertaking began and ending with Assessment Date A is longer than 6 months, that period; and\n(c) where the period beginning with the date on which the relevant undertaking began carrying on business and ending with Assessment Date A is 6 months or less, that period.\n(5) For the purposes of subparagraph (1)(c) of this regulation, the average headcount of staff is calculated by—\n(a) determining the number of individuals who are members of staff on each reference date in the assessment period in question (“the reference date numbers”);\n(b) calculating the total of the reference date numbers by adding together all the reference date numbers; and\n(c) dividing the total of the reference date numbers by the number of reference dates in the assessment period in question.\n(6) For the purposes of this regulation—\n“headcount of staff” means the total number of individuals who are members of staff of the relevant undertaking;\na “member of staff” means an individual who—\n(a) works for the relevant undertaking under a contract of employment;\n(b) does not work for the relevant undertaking under a contract of employment but is a director or other office-holder of the undertaking;\n(c) where the relevant undertaking is a partnership, is a partner of that partnership (but not where the undertaking is a limited partnership, a limited partner) who does not work for the undertaking under a contract of employment;\n(d) where the relevant undertaking is an LLP, is a member of that LLP who does not work for the undertaking under a contract of employment; or\n(e) where the relevant undertaking is an unincorporated association other than a partnership, is a member of that association who does not work for the undertaking under a contract of employment;\n“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;\n“financial year” means—\n(a) where the relevant undertaking is a company, within the meaning given by section 1(1) of the Companies Act 2006, its financial year determined in accordance with sections 390 to 392 of that Act;\n(b) where the relevant undertaking is an LLP, its financial year determined in accordance with sections 390 to 392 of the Companies Act 2006, as applied and modified by regulation 7 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008; or\n(c) in all other cases, a year, beginning on 6 April and ending on the following 5 April, for which the relevant undertaking is charged income tax;\n“LLP” means a limited liability partnership registered under the Limited Liability Partnerships Act 2000;\n“limited partner” means an individual who carries on a trade as a limited partner in a limited partnership formed under the Limited Partnerships Act 1907 ;\n“partnership” means—\n(a) a partnership within the Partnership Act 1890; or\n(b) a limited partnership formed under the Limited Partnerships Act 1907;\n“reference date” means—\n(a) the last working day of a month; or\n(b) where the assessment period ends before the last working day of a month, the last working day which falls before the end of the assessment period;\n“working day” means a day on which a member of staff of the relevant undertaking works for the undertaking under a contract of employment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 2(10) of the 2016 Act for the meaning of “relevant undertaking”."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "See section 2(1) of the 2016 Act for the meaning of “small business” about which this regulation makes further provision."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See section 4(1) of the 2016 Act for the meaning of “SBC complaints scheme”."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2006 c.46."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 2008/1911."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2000 c.12."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "1907 c.24."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1890 c.39."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2017/9780111159217/regulation/2",
    "retrieved_at": "2026-10-30T15:06:15.395593+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}