Procurement Act 2023

Prospective

67 Electronic invoicing: implied term U.K.

(1) The term set out in subsection (2) is implied into every public contract entered into by a contracting authority.

(2) The contracting authority must accept and process for payment any electronic invoice issued to the authority for payment under the contract which is—

(a) in the required electronic form, and

(b) not disputed by the authority.

(3) For the purposes of the term in subsection (2)—

• “electronic invoice” means an invoice which is issued, transmitted and received in a structured electronic format that allows for its automatic and electronic processing;

• “required electronic form” means a form that—

  (a)

  complies with the standard for electronic invoicing approved and issued by the British Standards Institution in the document numbered BS EN 16931-1:2017 (Electronic invoicing - Part 1: Semantic data model of the core elements of an electronic invoice), and

  (b)

  uses a syntax which is listed as a syntax that complies with that standard in the document numbered PD CEN/TS 16931-2:2017 (Electronic invoicing - Part 2: List of syntaxes that comply with EN 16931-1) approved and issued by the British Standards Institution.

(4) A reference to a standard or document is a reference to the standard or document as it stands—

(a) on the day that the contract is entered into, or

(b) if the parties agree, on the day on which the invoice is issued.

(5) Any term purporting to restrict or override the implied term is of no effect.

(6) The implied term does not prevent a contracting authority—

(a) requiring the use of a particular system in relation to electronic invoices;

(b) in the case of a defence authority (as defined in section 7(5)), requiring the use of a system that requires the payment of fees by the supplier.

(7) An appropriate authority may by regulations amend this section for the purpose of changing what it means for an invoice to be in the required electronic form.

(8) Before making regulations under subsection (7), an appropriate authority must consult such persons as the authority considers appropriate.

Commencement Information

I1 S. 67 not in force at Royal Assent, see s. 127(2)