Overview

The Small Business, Enterprise and Employment Bill aimed to improve the business environment for small and medium-sized enterprises (SMEs) in the UK. Key aspects included promoting prompt payment of invoices, increasing transparency in credit scoring, and enhancing protection for retention monies in the construction industry.

Description

The bill introduced several significant changes:

Prompt Payment of Invoices

Companies were required to report quarterly on late payments to suppliers, including details of any interest paid (Bank of England base rate plus 8% APR) and payment plans for outstanding debts. False reporting became a punishable offense.

Credit Scoring Transparency

Designated banks and credit reference agencies were mandated to provide SMEs with information on how their credit scores were calculated upon request, promoting greater transparency and enabling SMEs to improve their creditworthiness.

Retention Monies Protection (Construction)

This section established a trust-based system for handling retention monies (funds withheld by a payer as security for a payee's performance in a construction contract). Retention monies had to be held in a separate trust account, with clear guidelines for release and dispute resolution through adjudication.

Government Spending

The bill did not directly specify government spending figures. However, the need for regulatory bodies like the Financial Conduct Authority (FCA) to monitor and enforce compliance with the new regulations would likely incur some government costs. Additional costs would likely be associated with creating and publishing guidance documentation.

Groups Affected

• SMEs: Benefited from increased transparency in credit scoring and protection against late payments. They also had additional compliance requirements in reporting payments.
• Suppliers to SMEs: Received increased protection against late payments and increased transparency surrounding payment processes.
• Banks and Credit Reference Agencies: Faced new reporting obligations regarding credit scoring criteria.
• Construction Industry (Payees and Payers): Experienced significant changes in handling and managing retention monies, including new trust account requirements and dispute resolution processes. The bill introduced costs associated with managing new trust accounts.
• Financial Conduct Authority (FCA): Responsible for monitoring and enforcing compliance with the new regulations.
• Treasury: May receive statistical information from designated finance platforms under the act.

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