The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

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

77.—(1) A contractor which is a company limited by shares shall give notice in writing to the Health Board 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 come into force;

(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)(1).

(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 the new shareholder or, as the case may be, personal representative satisfies the conditions specified in section 17L(2)(c)(i) to (viii) of the Act (eligibility to be contractor under general medical services contract)(2); and

(b) meets the further conditions imposed on shareholders by virtue of regulations 4 and 5.

(1)

1986 c. 45.

(2)

Section 17L was inserted by the 2004 Act, section 4.