SCHEDULE 3Other contractual terms

PART 8Records, information, notifications and rights of entry

Notice provisions specific to a contract with a company limited by shares I196

1

Where a contractor is a company limited by shares, the contractor must give notice in writing to the Local Health Board as soon as—

a

the contractor is aware of any proposal for—

i

any share in the company to be transmitted or transferred (whether legally or beneficially) to another person, or

ii

a new director or secretary of the company to be appointed,

b

circumstances arise which may entitle a creditor or a court to appoint a receiver, administrator or administrative receiver in respect of the company,

c

circumstances arise which would enable the court to make a winding up order in respect of the company,

d

a company resolution is passed, or a court of competent jurisdiction makes an order, that the company is to be wound up, or

e

the company is unable to pay its debts within the meaning of section 123 of the Insolvency Act 198667 (definition of inability to pay debts).

2

A notice under sub-paragraph (1)(a) must confirm that any proposed new shareholder or, as the case may be, the personal representative of a deceased shareholder—

a

is either—

i

a medical practitioner, or

ii

a person who satisfies the conditions specified in section 44(2)(b)(i) to (iv) of the Act (persons eligible to enter into GMS contracts), and

b

meets the further conditions imposed on shareholders by virtue of regulations 5 and 6.

3

A notice under sub-paragraph (1)(a) must confirm that any proposed new director or, as the case may be, secretary meets the conditions imposed on directors and secretaries by virtue of regulation 6.