The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

Notice provisions specific to agreements with one or more companies limited by shares

42.—(1) Where a company limited by shares is a party to the agreement, the provider shall give notice to the Health Board forthwith when–

(a) any share in the company is transmitted or transferred (whether legally or beneficially) to another person on a date after the agreement has come into force;

(b) the company passes a resolution or a court of competent jurisdiction makes an order that one or more of those companies be wound up;

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

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

(e) the company 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) shall confirm that the new shareholder, or, as the case may be, the personal representative of a deceased shareholder–

(a) where the company is a qualifying body, within the meaning of section 17D(2) of that Act, a person falling within section 17D(1)(a) to (d) of the Act (persons with whom agreements may be made); and

(b) satisfies the condition imposed on shareholders by virtue of regulation 3 (general conditions relating to providers).

(1)

1986, c. 45.