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The Enterprise Act 2016 (Commencement No. 4 and Appointed Start Date) Regulations 2017

S.I. 2017/473 · Made 27 March 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Enterprise

Regulatory Reform

Made 27th March 2017

The Secretary of State, in exercise of powers conferred by sections 4(6) and 44(5) of the Enterprise Act 2016f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2016 c.12.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 6th April 2017
  3. 3Provisions coming into force on 1st October 2017
  4. 4Appointed Start Date
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

These Regulations may be cited as the Enterprise Act 2016 (Commencement No. 4 and Appointed Start Date) Regulations 2017.

(2)

In these Regulations “the Act” means the Enterprise Act 2016.

2Provisions coming into force on 6th April 2017

Section 1(1) and (3) and Schedule 1 (Small Business Commissioner) of the Act come into force on 6th April 2017.

3Provisions coming into force on 1st October 2017

The following provisions of the Act come into force on 1st October 2017 to the extent that they are not already in force—

(a)

Part 1 (the Small Business Commissioner); and

(b)

section 20 and Schedule 3 (extending the primary authority scheme).

4Appointed Start Date

For the purpose of determining whether a complaint is excluded from the SBC complaints scheme under section 4(5)(e) of the Act, the appointed start date is 6th April 2017.

Signature

Margot James

Parliamentary Under Secretary of State and Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

27th March 2017

Explanatory note

(This note is not part of the Regulations)

These are the fourth commencement regulations made under the Enterprise Act 2016 (c.12) (“the Act”).

Regulation 2 commences on 6th April 2017 section 1(1) and (3) of the Act which establish the statutory office of the Small Business Commissioner and Schedule 1 which contains detail on how the office is established and structured.

Regulation 3 commences on 1st October 2017, to the extent that they are not already in force, all other provisions of Part 1 of the Act. Part 1 makes provision about the Small Business Commissioner, whose principal functions are to provide general advice and information to small businesses, and to consider complaints from small businesses relating to payment matters in connection with the supply of goods and services to larger businesses and make recommendations. Any power to make regulations under Part 1 came into force on 4th May 2016 by virtue of section 44(1)(a) of the Act.

Regulation 3 also commences on 1st October 2017, to the extent that they are not already in force, section 20 of and Schedule 3 to the Act, which substitute a new Part 2 of the Regulatory Enforcement and Sanctions Act 2008f1 (“RESA”) and a new Schedule 4A in place of Schedule 4 to that Act, to extend the application of the Primary Authority scheme. Section 20 and Schedule 3 came into force on 4th May 2016 by virtue of section 44(1)(c) of the Act, for the purpose of making regulations under the provisions of RESA inserted by that section and Schedule.

Regulation 4 provides that the appointed start date for the purpose of section 4(5)(e) of the Act is 6th April 2017. This relates to the Small Business Commissioner complaints scheme and the provision for determining that certain complaints are excluded from the scheme by reference to the appointed start date.