The Late Payment of Commercial Debts (Scotland) Regulations 2002
Made
2nd July 2002
Laid before the Scottish Parliament
4th July 2002
Coming into force
7th August 2002
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf hereby make the following Regulations:
(b) "representative body" means an organisation established to represent the collective interests of small and medium-sized enterprises in general or in a particular sector or area.
(2) This regulation applies where a person acting in the course of a business has written standard terms on which he or she enters (or intends to enter) as purchaser into contracts to which the Late Payment of Commercial Debts (Interest) Act 1998 applies which include a term purporting to oust or vary the right to statutory interest in relation to qualifying debts created by those contracts.
(3) If it appears to the Court of Session that in all or any circumstances the purported use of such a term in a relevant contract would be void under the Late Payment of Commercial Debts (Interest) Act 1998, the court on the application of a representative body may grant an interdict against that person prohibiting that person in those circumstances from using the offending term, on such terms as the court may think fit.
(4) Only a representative body may apply to the Court of Session under this regulation.