The Commercial Payments Bill provides the Small Business Commissioner with the power to investigate a larger business where there are reasonable grounds to suspect that it has persistently engaged in poor payment practices. The Commissioner must consider the extent and impact of the suspected conduct, the resources required for an investigation, and whether an investigation would be proportionate in all the circumstances. Further detail will be set out in secondary legislation.

The Government will work with the Commissioner to ensure businesses understand their obligations and to consider what operational guidance should be published before the new legislation comes into force.