Procurement Act 2023
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Change 1
73 Implied payment terms in sub-contracts
(1) The terms in subsections (2) to (5) of section 68 (implied payment terms in public contracts) are implied into every public sub-contract. (2) But for the purposes of subsection (1)— (a) references in those terms to the contracting authority are to be read as references to the person to whom goods, services or works are supplied under the public sub-contract, and (b) section 68(8)(a) (electronic invoices) does not apply. (3) Any term purporting to restrict or override the terms implied by this section is without effect. (4) But nothing in this section prohibits the parties to a public sub-contract from agreeing that a sum due under the contract must be paid earlier than would be required by the term in section 68(2). (5) In this section, “public sub-contract” means a contract substantially for the purpose of performing (or contributing to the performance of) all or any part of a public contract. (6) This section does not apply in relation to a public sub-contract that is for the purpose of performing (or contributing to the performance of) all or any part of— (a) a concession contract, (b) a utilities contract awarded by a private utility, or (c) a contract awarded by a school.
73 Implied payment terms in sub-contracts
(1) The terms in subsections (2) to (5) of section 68 (implied payment terms in public contracts) are implied into every public sub-contract. (2) But for the purposes of subsection (1)— (a) references in those terms to the contracting authority are to be read as references to the person to whom goods, services or works are supplied under the public sub-contract, and (b) section 68(8)(a) (electronic invoices) does not apply. (3) Any term purporting to restrict or override the terms implied by this section is without effect. (4) But nothing in this section prohibits the parties to a public sub-contract from agreeing that a sum due under the contract must be paid earlier than would be required by the term in section 68(2). (5) In this section, “public sub-contract” means a contract substantially for the purpose of performing (or contributing to the performance of) all or any part of a public contract. (6) This section does not apply in relation to a public sub-contract that is for the purpose of performing (or contributing to the performance of) all or any part of— (a) a concession contract, (b) a utilities contract awarded by a private utility, or (c) a contract awarded by a school.
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