The Small Business Commissioner (Scope and Scheme) Regulations 2017

Requirements as to the form and content of the complaint

4.—(1) The person making the complaint must present the complaint in writing to the Commissioner.

(2) The complaint must include the following—

(a) the date on which the matter to which the complaint relates took place or started to take place;

(b) the details of the complaint, including—

(i) whether the person making the complaint has an agreement to supply, has supplied or may supply goods or services to the person against whom the complaint is made;

(ii) whether the complaint relates to a payment matter (see paragraph (3));

(iii) whether the complaint relates to a provision made or proposed to be made which restricts or purports to restrict any right of the person making the complaint to make a complaint under the SBC complaints scheme;

(iv) whether the complaint relates to the appropriateness of the price payable or proposed to be payable under a contract for the goods or services supplied or to be supplied by the person making the complaint; and

(v) whether the complaint concerns matters that are currently the subject of legal or adjudication proceedings; and

(c) a declaration—

(i) that the person making the complaint has previously communicated the substance of the complaint to the person against whom it was made; or

(ii) setting out the reasons why the substance of the complaint has not been previously communicated to that person.

(3) A complaint relates to a payment matter if it relates to a request or other act, or a failure to pay or other omission, in relation to a payment—

(a) for or in connection with the supply of goods or services; or

(b) in connection with the relationship or possible relationship between the person making the complaint and the person against whom the complaint is made so far as relevant to the supply.