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.