SCHEDULE 3Other contractual terms

PART 8Records, information, notifications and rights of entry

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

96.

(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.