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Paragraph 36 Variation provisions specific to a contract with two or more individuals practising in partnership increasing the number of partners

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

(1)

Where a contractor has given notice under paragraph 18(1) that a new partner or partners has joined or proposes to join the partnership, if the PCT is satisfied as to the accuracy of the matters specified in paragraph 18(2) that are included in the notice and of the suitability of that person or persons, the PCT shall give notice to the contractor confirming that the contract shall continue with the partnership entered into by the contractor and its partners, from a date that the PCT specifies in that notice.

(2)

Where it is reasonably practicable, the date specified by the PCT pursuant to sub-paragraph (1) shall be the date requested in the notice served by the contractor pursuant to paragraph 18 or, where that date is not reasonably practicable, the date specified shall be a date after the requested date that is as close to the requested date as is reasonably practicable.

(3)

Where a contractor has given notice to the PCT pursuant to sub-paragraph (1), the PCT—

(a)

may vary the contract, but only to the extent that it is satisfied is necessary to reflect the change in the partners; and

(b)

if it does propose to so vary the contract, it shall include in the notice served on the contractor pursuant to sub-paragraph (1) the wording of the proposed variation and the date upon which that variation is to take effect.