Prompt Payment of Accounts Act, 1997
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Interpretation. |
1.—(1) In this Act, unless the context otherwise requires— | |
“invoice” means a written document or electronic transmission provided by a supplier requesting payment for goods or services provided to or on the directions of a purchaser; | ||
“the Minister” means the Minister for Enterprise and Employment; | ||
“prescribed payment date”, in relation to the provision of goods or services, means— | ||
(a) the date on which payment is due under the terms of any written contract for the provision of the goods or services, or | ||
(b) where there is no written contract or the written contract does not provide for the date of payment, 45 days after— | ||
(i) receipt by the purchaser of an invoice for the payment due, where the invoice is received after the completed delivery of the goods or services, or | ||
(ii) the delivery of the goods or services, where the delivery is made at the time of or after receipt by the purchaser of an invoice therefor, | ||
or such lesser number of days as the Minister may, by order under section 10 (2), prescribe; | ||
“purchaser” means— | ||
(a) a person or body specified in the Schedule , | ||
(b) a subsidiary (within the meaning of the Companies Act, 1963 ) of a person or body referred to in paragraph (a), where the subsidiary is not already specified in the Schedule , or | ||
(c) a person (“the main contractor”)— | ||
(i) who obtains goods or services from another person to supply to, or | ||
(ii) contracts with another person for that other person to provide goods or services on the main contractor's behalf to, | ||
a person or body, or subsidiary, referred to in paragraph (a) or (b) of this definition; | ||
“supplier” means a person who provides goods or services to or on the directions of a purchaser under a contract between that person and the purchaser. | ||
(2) For the avoidance of doubt, a purchaser referred to in paragraph (a) or (b) of the definition of “purchaser” in subsection (1) may for the purposes of this Act be a supplier in relation to the supply of particular goods or services. | ||
(3) For the purposes of this Act, an invoice sent by post or an electronic transmission comprising an invoice shall be taken to have been received in the normal course of the post or that transmission service, unless the contrary is proved. | ||
(4) In this Act— | ||
(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, | ||
(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the section in which the reference occurs, unless it is indicated that a reference to some other provision is intended, | ||
(c) a reference to the Schedule is a reference to the Schedule to this Act, and | ||
(d) a reference to any other enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any enactment made subsequent to that enactment. |