Paragraph 42B Notice provisions specific to a contract with a limited liability partnershipF1
Where a limited liability partnership is a party to a contract it shall give notice to F2NHS England forthwith when—
it passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;
circumstances arise which might entitle a creditor or a court to appoint a receiver, administrator or administrative receiver for the contractor;
circumstances arise which would enable the court to make a winding up order in respect of the contractor;
the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 (definition of inability to pay debts); and
any membership changes are notified in accordance with section 9 of the Limited Liability Partnership Act 2000 (registration of membership changes) to the registrar (within the meaning of that Act) in relation to a person who becomes or ceases to be a member or designated member (within the meaning of that Act) and the notice must specify the date on which that person becomes or ceases to be a member or designated member (as the case may be).
A notice under sub-paragraph (e) must confirm—
that any new member joining the partnership meets the conditions imposed by regulation 4 (general prescribed conditions relating to all contracts); and
following the membership changes, the partnership continues to satisfy the conditions in section 102(2A) of the 2006 Act.
Annotations
Textual amendments
- F1
Sch. 3 para. 42B inserted (1.4.2013) by The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 19(23) (with Sch. 1)
- F2
Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1