Overview
This regulation requires contracting authorities to include the following terms in every public contract:
- to pay contractors any sums due within 30 days of an invoice being deemed as valid and undisputed
- to consider and verify any invoices in a timely manner
- the above terms to be included in any subcontract entered into by the contractor (or any subcontractor).
To the extent that the above terms are not expressly included in a public contract, equivalent terms are to be implied into the contract.
Regulation 113 also states that contracting authorities should be mindful of any contractual or statutory provision requiring payment sooner than 30 days and of any guidance issued by the Minister for the Cabinet Office.
Contracting authorities are also required to publish statistics every financial year, detailing the level of compliance with the terms of Regulation 113.
Regulation 113 does not apply to contracts awarded by a contracting authority where the contract relates to a maintained school, an Academy, a six form college corporation or relevant health care services within the meaning and scope of the Health Care Services (Provider Selection Regime) Regulations 2023.