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Paragraph 85 Notice provisions specific to a contract with a company limited by shares

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

(1)

A contractor which is a company limited by shares shall give notice in writing to the Primary Care Trust forthwith when—

(a)

any share in the contractor is transmitted or transferred (whether legally or beneficially) to another person on a date after the contract has been entered into;

(b)

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

(c)

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

(d)

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

(e)

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) f1.

(2)

A notice under sub-paragraph (1)(a) shall confirm that the new shareholder, or, as the case may be, the personal representative of a deceased shareholder—

(a)

is a medical practitioner, or that he satisfies the conditions specified in section 28S(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 4 and 5.

Annotations

Footnotes

f1

1986 c. 45.