Commercial law
These regulations deal with various other aspects of commercial law, including exclusions from competition law and buying and selling on the internet.
- Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010
- Competition Act 1998 (Public Policy Exclusion) Order 2008
- Contracts (Applicable Law) Act 1990 (Amendment) Order 1994
- Contracts (Applicable Law) Act 1990 (Amendment) Order 2000
- Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2008
- Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004
- Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005
- Enterprise Act 2002 (Merger Fees) (Amendment) Order 2009
- Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008
- Late Payment of Commercial Debts (Rate of Interest) (No 3) Order 2002
- Late Payment of Commercial Debts Regulations 2002
- Statistics of Trade Act 1947 (Amendment of Schedule) Order 1963
- Statistics of Trade Act 1947 (Amendment of Schedule) Order 1987
- Statistics of Trade Act 1947 (Amendment of Schedule) Order 1990
Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
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If the Government is to seriously review legislation that is effecting business it should focus some of it’s attention on dealing with the devastating issues caused to business (SMEs especially) by breach of contract and late payment.
As a small business, we are crippled by the wilful late payment of our customers. Our Company has to operate a bank overdraft (at, of course, high interest fees to our bankers) – not because we fail to do sufficient business but because we fail to receive contracted payments on time from our customers. This problem has often brought our business to the point of collapse. I am aware that cash-flow is one of the major causes of business failure. Business failure is UK failure.
This problem is, it seems, if not universal certainly widely spread and has been the “way” of British business for decades.
When an SME turns to legislative help – what does it find? Almost nothing – and this ferments the whole vicious circle. Our contracting businesses and individuals know that we are almost toothless to pursue their debts and so they contract our services in the safe knowledge that they can use us as an “interest-free bank” until at some distant point in time they may grace us with a payment. They know all too well that our only recourse is court and that we cannot afford that business risk. No doubt they then have a chain of businesses and individuals doing the same to them – and so the whole mucky circuit self-perpetuates. However it is the SME end that really feels the pinch – often to the point of destruction.
All to frequently we find larger businesses exploit SMEs in this manner as a matter of policy – and indeed a significant component of their income/profit arises from their late payment policies. However, the problem is certainly not only about big business exploiting small business but is across the spectrum. We come across private individuals as customers, who have made a career out of late payment or no payment and have unpaid CCJs extending for decades.
The whole situation is deplorable.
If you want to do something serious for businesses find a way to end this dreadful situation – and by that I mean new regulation (not getting rid of law) and a government agency with strong powers to intervene on our behalf.
If you can do that – you may actually be able to look back on your political careers and take pride in that you did something that was actually worthwhile.
I would be against any reduction in the hallmarking of British-made silver or gold items which has been in existence for hundreds of years and offers excellent consumer protection and guaranteed quality. Relaxing the rules would open the floodgates to cheap imports with no such guarantees.