The Commercial Payments Bill: the UK's new late payment law, explained

7 min
July 31, 2026
Denym Bird
Denym Bird
Co-founder & CEO of Paidnice
Illustration of a bill document being struck by a gavel with a coral seal of approval, for the UK Commercial Payments Bill late payment law

The Commercial Payments Bill is the biggest change to UK late payment law in over 25 years. It caps payment terms at 60 days for large firms buying from smaller suppliers, makes interest of 8% above the Bank of England base rate mandatory on every late payment, and gives the Small Business Commissioner the power to fine persistent late payers. It entered Parliament on 19 May 2026 and is expected to take effect in 2027.

The detail matters, because most of what the bill “gives” small businesses already exists in law. What changes is enforcement, and you don’t have to wait for Royal Assent to start.

Key takeaways

  • Large businesses will face a 60-day maximum on payment terms when buying from smaller suppliers (30 days for public authorities), with limited exemptions.
  • Late payment interest at 8% above the Bank of England base rate becomes an implied term of every in-scope commercial contract. It can no longer be signed away.
  • Withholding retention payments under construction contracts will be banned.
  • The Small Business Commissioner gets powers to investigate poor payment practices, adjudicate disputes, and fine the worst offenders, with penalties for persistent late payers that could reach tens of millions of pounds.
  • Audit committees of large late-paying companies must publicly explain their payment performance to shareholders.
  • You already have most of these rights under the Late Payment of Commercial Debts (Interest) Act 1998. The bill mostly removes the loopholes that let customers opt out of them.

What is the Commercial Payments Bill?

The Commercial Payments Bill is UK legislation, introduced to the House of Lords on 19 May 2026, that reforms how quickly businesses must pay their suppliers and what happens when they don’t. The government has called it the “largest crackdown on late payments in over 25 years” and says it is targeting the toughest late payment regime in the G7.

You’ll see it referred to by a few names. The formal parliamentary title is the Commercial Payments Bill [HL]. Government announcements and press coverage have also called it the Small Business Protections Bill, and it was trailed in the King’s Speech on 13 May 2026 as part of a package of small business measures. Same bill.

Late payments cost the UK economy an estimated £11 billion a year, and government figures suggest 38 small businesses close every day because of cash flow problems caused by unpaid invoices. In practice that looks like a customer who owes you £14,000 paying in 87 days, because nothing happens when they don’t.

The five key measures in the bill

MeasureToday (Act of 1998)Under the Commercial Payments Bill
Maximum payment terms60-day default, but longer terms can be agreed in the contractHard 60-day cap for large firms paying smaller suppliers; 30 days for public authorities; limited exemptions
Late payment interestA right you can claim (base rate + 8%), often waived or substituted in contractsMandatory implied term at base rate + 8%; cannot be contracted out
Construction retentionsRoutinely withheld, sometimes for yearsWithholding retention payments banned
EnforcementSmall Business Commissioner can name poor payers but has no real teethCommissioner can investigate, adjudicate disputes, and fine persistent offenders
AccountabilityPayment practice reporting, lightly policedAudit committees of late-paying large companies must publicly explain performance

1. A 60-day cap on payment terms

Large firms will generally be barred from imposing payment terms longer than 60 days on smaller suppliers, and public authorities will be held to 30 days. Exemptions exist but are drawn narrowly. If your biggest customer currently pays on “90 days end of month”, that term is on borrowed time.

2. Mandatory interest on late payments

This is the measure that changes the most in practice. Statutory interest at 8% above the Bank of England base rate becomes an implied term of every commercial contract in scope, as simple interest, and businesses will not be able to contract out of it. Today, statutory interest is a right many suppliers sign away without noticing, because a customer’s standard terms substitute a token “2% above base” clause or exclude it entirely. The bill ends that.

3. A ban on withheld construction retentions

Construction contracts commonly hold back 3% to 5% of the contract value for years after practical completion, and retentions are routinely lost entirely when a main contractor becomes insolvent. The bill bans withholding retention payments outright, a change subcontractors have spent decades asking for.

4. Real enforcement powers for the Small Business Commissioner

The Small Business Commissioner has existed since 2017, but participation has been largely voluntary. Under the bill, the Commissioner gains the power to investigate poor payment practices, adjudicate disputes between small suppliers and large customers, and fine the worst offenders. Government briefings suggest fines for persistently late payers could reach tens of millions of pounds.

5. Board-level accountability

Audit committees of large companies with poor payment performance will have to explain that performance publicly and set out how they’ll fix it. Late payment moves from an accounts payable tactic to a board-level disclosure issue.

How does the bill change the Late Payment of Commercial Debts (Interest) Act 1998?

The bill doesn’t invent new rights so much as remove the escape hatches from old ones. Since 1998, the Late Payment of Commercial Debts (Interest) Act has given every UK business supplying another business the right to charge statutory interest at 8% above the Bank of England base rate, plus fixed compensation of £40, £70, or £100 per invoice depending on the debt’s size.

In practice, two things have blunted the Act for nearly three decades:

  1. It can be contracted around. Larger customers substitute their own terms, cap interest at a nominal rate, or push payment terms well past 60 days by agreement.
  2. Almost nobody enforces it. Charging interest requires you to calculate it, apply it, and have the conversation. Most small businesses do none of the three, because doing it manually is tedious and doing it at all feels confrontational.

The bill fixes the first problem by statute. The second problem stays yours: interest that’s mandatory on paper but never applied in practice looks a lot like the last 28 years. The right has existed since 1998. The gap has always been enforcement.

When does the new late payment law take effect?

The new late payment rules are expected to take effect in 2027, subject to parliamentary passage. The bill was introduced to the House of Lords on 19 May 2026 and still needs to complete committee stage, report stage, and third reading in both Houses before Royal Assent, with secondary legislation and transition periods likely to follow. Businesses on both sides of the invoice have a window of roughly a year to get their terms and processes in order.

What the bill means for small businesses

If you supply larger customers, the bill shifts the default in your favour: shorter maximum terms, automatic interest, and a regulator with fining powers behind you. Three practical moves before 2027:

  • Get your payment terms in writing and in order. The cap and the implied interest term attach to your contracts. If your terms are ad hoc or missing, tidy them now. (Our payment terms and conditions templates are a starting point.)
  • Start applying the interest you’re already owed. You don’t need the bill for this. The 1998 Act gives you base rate + 8% and per-invoice compensation today. Applying it now also normalises it with your customers well before the law makes it universal. Run any overdue invoice through our free UK statutory interest calculator to see what you’re leaving on the table.
  • Make enforcement systematic, not personal. The reason late payment persists is that enforcement depends on a human choosing to have an awkward conversation, invoice by invoice. A written policy applied automatically, every time, removes both the labour and the awkwardness.

What the bill means for large businesses

If you’re on the paying side, the compliance clock is running. Standard terms beyond 60 days will need rewriting, accounts payable processes will need to actually hit the dates your contracts promise, and your audit committee inherits a new disclosure obligation. The companies treating this as a 2027 problem will be the ones explaining themselves publicly in 2028.

You don’t need to wait for 2027 to get paid on time

This bill exists because small businesses, as a group, have spent 28 years not using the rights they already have. The Act of 1998 has offered base rate + 8% the whole time. It went unenforced because enforcing it was manual and awkward.

That’s the part software already solves. Paidnice sits on top of Xero and QuickBooks and enforces your payment terms automatically: late fees and interest, reminders that escalate on your schedule, statements, prompt payment discounts, and payment plans when a customer genuinely can’t pay in one go. Firm on the money, fair to the customer.

Setting up the bill’s interest regime takes one policy:

  1. Connect Xero or QuickBooks. Paidnice syncs your invoices; nothing migrates, nothing changes in your accounting.
  2. Create a UK statutory interest policy. Switch on Bank of England base rate tracking and Paidnice charges base rate + 8%, updating automatically whenever the base rate moves. No spreadsheet, no recalculating after every Monetary Policy Committee meeting.
  3. Let it run. Interest is applied to overdue invoices per your policy and shown on every reminder and statement, so customers see the cost of paying late without you sending a single email yourself.

This is what that policy looks like in Paidnice:

The results across our customers: eight in ten invoices get paid on time, average wait for payment cut in half within 30 days, and up to 90% less time spent following up by hand. When the bill lands, businesses running this way won’t need to change anything. They’ll have been operating at the new standard for a year, with the cash flow to show for it.

Close the gap between invoice and payment before Parliament closes it for you. Set up your interest policy free, book a demo, or see how late fees work in Paidnice.

Frequently asked questions

Are payment terms longer than 60 days still legal in the UK?

Yes, for now. The 1998 Act sets a 60-day default but lets businesses agree longer terms in the contract if they are not grossly unfair. Once the Commercial Payments Bill takes effect (expected 2027), large firms will generally be barred from imposing terms beyond 60 days on smaller suppliers.

How much interest can I charge on late payments in the UK?

Statutory interest is 8% per annum above the Bank of England base rate, plus fixed compensation of £40, £70, or £100 per invoice depending on the amount owed. This is your right under the Late Payment of Commercial Debts (Interest) Act 1998 today; the bill will make it a mandatory term that customers can’t contract out of.

Does the Commercial Payments Bill cover construction retention payments?

Yes. The bill bans withholding retention payments under construction contracts, one of the longest-running cash flow problems for subcontractors.

Is the Commercial Payments Bill the same as the Small Business Protections Bill?

Yes. The formal parliamentary title is the Commercial Payments Bill [HL]; government announcements and media coverage have also called it the Small Business Protections (Late Payments) Bill. It was announced in the King’s Speech on 13 May 2026 and introduced to the House of Lords on 19 May 2026.

When will the new late payment law come into force?

The rules are expected in 2027, once the bill completes its passage through both Houses of Parliament and receives Royal Assent, with transition arrangements likely for existing contracts.

Sources: GOV.UK announcement, 19 May 2026 · Commercial Payments Bill [HL], UK Parliament · Late Payment of Commercial Debts (Interest) Act 1998.

Denym Bird
Denym Bird
Co-founder & CEO of Paidnice
Denym is a software entrepreneur and writes about accounts receivables management for small business.
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