Late payment of a business invoice by an individual

I realise that the Late Payment of Commercial Debts (interest) Act applies to debts incurred by one nusiness to another business. However, if my Terms of Business signed by an individual include paragraphs specifically referring to payments being subject to the compensation and interest amounts applicable under the Act can I add these amounts for compensation and interest to the overdue invoiced amounts?

In this case the individual signed a contract agreeng to be bound by the Act, even though the invoice was to them as an individual.

Advice please.

Thank you James.

My contract as signed by the client contains this paragaph;

"7. Fees and disbursements
...........
d. The Expert reserves the right to charge to the Appointor the costs and expenses (including legal costs) of recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998."

Is this enforceable in your opinion?

Hi James, Thank you for this very helpful reply.