Regulation 39 Payments compliance noticesI1
England and Wales
This regulation sets out what information must be included in a payments compliance notice published under section 69(1) of the 2023 Act.
The information is—
the contracting authority information,
the dates of the first and the last days of the reporting period to which the payments compliance notice relates,
in respect of sums paid by the contracting authority under public contracts during the reporting period—
the average number of days taken to make those payments, where day 1 is the first day after the invoice day;
the percentage of those payments which were made, where day 1 is the first day after the invoice day—
within the period beginning on day 1 and ending with day 30;
within the period beginning on day 31 and ending with day 60;
on or after day 61,
the proportion of invoices paid in accordance with the term in section 68(2) of the 2023 Act during the reporting period, expressed as a percentage of the total number of invoices that were, or should have been, paid in accordance with that term within the reporting period,
in respect of sums which became payable under public contracts during the reporting period, the percentage of those payments which were not made within the reporting period, and
a statement of the director or similar officer of the contracting authority who is responsible for the contracting authority’s finances setting out that the person approves the payments compliance notice and that person’s name and job title.
In paragraph (2)—
“average” (“cyfartalog”) means the arithmetic mean;
“invoice day” (“diwrnod anfonebu”) means the day on which a contracting authority receives an invoice.
For the purposes of paragraph (2), a payment is made—
when it is received by the supplier, or
if there is any delay in the sum being received for which the contracting authority is not responsible, when it would have been received without that delay.
In paragraph (3) the reference to a contracting authority receiving an invoice F2includes the invoice being delivered to an address, or through an electronic invoicing system, specified in the contract for the purpose.
Nothing in this regulation prevents a contracting authority from publishing other relevant information in the notice.
In this regulation “payments compliance notice” (“hysbysiad cydymffurfedd taliadau”) and “reporting period” (“cyfnod adrodd”) have the meaning given by section 69 of the 2023 Act.
Annotations
Textual amendments
- F1
Reg. 39(2)(ca) inserted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(11)(a)
- F2
Word in reg. 39(5) substituted (24.2.2025) by The Procurement (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/181), regs. 1(2), 5(11)(b)