The consultation, which closed in December, focused on the SBC complaints scheme and specifically: small businesses in scope of the SBC’s services; making complaints under the SBC complaints scheme; how the SBC will consider and determine complaints and make recommendations and how the SBC will publish reports and recommendations on complaints.

BEIS said most responses were positive, but emphasised the need for an efficient and effective approach. There was also ‘significant support’ for ensuring the service was available to as many small businesses as possible and for the SBC to be able to draw particular attention to the poor payment practice of serial offenders.

As a result, it is proposing a number of minor changes to policy which have been reflected in the draft regulations. They include a simplification of the head count calculation for eligibility of small businesses for the service, and clarification of the point at which headcount is calculated.

The regulations now enable the SBC to extend the time limit for making a complaint to small businesses who have started, but abandoned court proceedings before a judgement (e.g. because of cost). The SBC is required to consider whether the respondent to a complaint has acted or not acted on any previous recommendations when deciding whether to publicly name them.

In addition the regulations commit the government to commencing relevant sections of the Enterprise Act 2016 in April 2017 to enable the SBC to receive complaints on matters that occurred before the date the complaints scheme formally begins (1 October 2017). BEIS says this will broaden access to the complaints service and help the SBC build momentum.

The draft regulations are open for consultation for two weeks, with the deadline for comments closing on 9 March.

Small Business Commissioner: policy for secondary legislation – government response and draft regulations is here.