PART 2 U.K. Regulatory reform

Definitions of small and micro business U.K.

33 Definitions of small and micro business U.K.

(1) This section applies where any subordinate legislation made by a Minister of the Crown (the “underlying provision”)—

(a) uses the term “small business” or “micro business”, and

(b) defines that term by reference to this section.

(2) In the underlying provision “small business” means an undertaking other than a micro business (see subsection (3)) which meets the following conditions (“the small business size conditions”)—

(a) it has a headcount of staff of less than 50, and

(b) it has—

(i) a turnover, or

(ii) a balance sheet total,

of an amount less than or equal to the small business threshold.

(3) In the underlying provision “micro business” means an undertaking which meets the following conditions (“the micro business size conditions”)—

(a) it has a headcount of staff of less than 10, and

(b) it has—

(i) a turnover, or

(ii) a balance sheet total,

of an amount less than or equal to the micro business threshold.

(4) The Secretary of State may by regulations (referred to as “the small and micro business regulations”) make further provision about the meanings of “small business” and “micro business”.

(5) This section and the small and micro business regulations are to be read subject to any modifications made by the underlying provision in any particular case.

(6) In this section—

• “balance sheet total”, “headcount of staff”, “micro business threshold”, “small business threshold” and “turnover” have such meanings as may be prescribed by the small and micro business regulations;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act);

• “undertaking” means—

  (a)

  a person carrying on one or more businesses;

  (b)

  a voluntary or community body within the meaning given by [F1 section 29(5)];

  (c)

  a body which is formed or recognised under the law of a country or territory outside the United Kingdom and which is equivalent in nature to a body falling within the definition of voluntary or community body.

(7) The small and micro business regulations are subject to negative resolution procedure.

Textual Amendments

F1 Words in s. 33(6) substituted (29.8.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 18(4), 22(2)

Modifications etc. (not altering text)

C1 S. 33 applied (with modifications) by 2007 c. 18, s. 45D(14) (as inserted (1.5.2018) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2018/382, reg. 3(ll))

C2 S. 33(3)(6) modified (1.4.2017) by S.I. 2009/2268, reg. 3A(5) (as inserted (E.W.S.) (with application in accordance with reg. 2 of the amending S.I.) by The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017 (S.I. 2017/155), regs. 1(2), 6 (with reg. 22))

Commencement Information

I1 S. 33(4)(6)(7) in force at 26.5.2015 by S.I. 2015/1329, reg. 2(c)