The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

Notice provisions specific to a contract with a company

81.—(1) A contractor which is a company must give notice in writing to the Health Board without delay when—

(a) any share in the contractor is transmitted or transferred (including legally or beneficially) to another person on a date after the contract has come into force, if the contractor’s contract was entered into prior to 22nd December 2010;

(b) a member of the company ceases to be a member of the company or informs the other members of the company that that person intends to cease to be a member of the company, (and the notice must state the date upon which they ceased, or will cease, to be a member, of the company), if the contractor’s contract was entered into on or after 22nd December 2010;

(c) a person becomes a member of the company, if the contractor’s contract was entered into on or after 22nd December 2010;

(d) a, director or secretary of the company ceases to be a director or secretary of the company or informs the company that that person intends to cease to be a director or secretary of the company, and the notice must state the date upon which they ceased, or will cease, to be a director or secretary of the company;

(e) a new director or secretary becomes a director or secretary of the company;

(f) the company passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;

(g) circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;

(h) circumstances arise which would enable the court to make a winding up order in respect of the contractor; or

(i) the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986(1).

(2) A notice under sub-paragraph (1)(a) or (c) must—

(a) confirm that the new member, shareholder, or, as the case may be, the personal representative of a deceased shareholder—

(i) satisfies the conditions specified in regulation 11(1) or (9);

(ii) meets the further conditions in regulation 10; and

(iii) does not fall within paragraph 103(2); and

(b) state the date the new member or shareholder became a member or shareholder of the company.

(3) A notice under sub-paragraph (1)(e) must—

(a) state the date the new director or secretary became a director or secretary of the company; and

(b) confirm that the new director or, as the case may be, secretary does not fall within paragraph 103(2).

(1)

1986 c.45.