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Paragraph 17 Notice provisions specific to a contract with a corporate body

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A contractor which is a corporate body shall notify the PCT forthwith when—

(a)

it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;

(b)

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

(c)

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

(d)

it is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts)f1; or

(e)

it has a new director, chief executive or secretary.

(2)

Where sub-paragraph (1)(e) applies, the notice shall—

(a)

confirm that the new director, chief executive or secretary meets the conditions imposed by regulation 4 (general conditions relating to all contracts);

(b)

contain an application form in accordance with Schedule 3 in relation to that person.

(3)

Where the PCT is not satisfied that that person meets the conditions of regulation 4, it shall so notify the contractor and—

(a)

the contractor shall within 28 days remove that new secretary, director or chief executive, as the case maybe, and so notify the PCT; and

(b)

if the contractor does not do so, the PCT shall terminate the contract in accordance with the provisions of paragraph 45.

Annotations

Footnotes

f1

1986 c. 45.