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Paragraph 42B Notice provisions specific to a contract with a limited liability partnershipF1

(1)

Where a limited liability partnership is a party to a contract it shall give notice to F2NHS England 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)

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

(e)

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).

(2)

A notice under sub-paragraph (e) must confirm—

(a)

that any new member joining the partnership meets the conditions imposed by regulation 4 (general prescribed conditions relating to all contracts); and

(b)

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