Publish your payment performance statistics or be shopped!

If you're a contracting authority, have you remembered that with effect from 1st April 2016, you must publish on the internet statistics showing, for the preceding financial year (i.e starting with 2015/16), the extent to which you have met your obligation to make payments to suppliers within 30 days.

Well in case you had forgotten, the Crown Commercial Service has issued a new PPN to remind you. The PPN is available here. The obligation stems from Regulation 113 of the Public Contracts Regulations 2015 which requires contracting authorities to include in their contracts provisions for payment of suppliers within 30 days of the date of a valid undisputed invoice. The publication requirements as highlighted in the PPN are dealt with in Regulation 113(7).

Some contracts are exempt from the requirement including: contracts for NHS health care services falling within the scope of the NHS (Procurement Patient Choice and Competition) (No 2) Regulations 2013 and contracts awarded by maintained schools and Academies.

The PPN reminds authorities whose contracts are in scope  that the details to be published are:

  • After March 2016 for the financial year 2015/16: (i) the percentage of invoices paid within 30 days and (ii) the amount of interest paid to suppliers due to late payment.
  • After March 2017 (i.e. for the 2016/17 financial year and later years): in addition to (i) and (ii) above (iii) the amount of interest the authority was liable to pay (whether or not paid and whether under any statutory or other requirement) due to a breach of Regulation 113.

Regulation 113(9) also requires authorities to have regard to guidance issued by the Cabinet Office. This guidance which includes a model template for publishing payment performance statistics is highlighted in the PPN and available here.

And finally, the CCS Mystery Shopper service will be conducting spot checks. So publish your statistics or be shopped! you have been warned!


Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.