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The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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Notice provisions specific to a contract with a company

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81.—(1) A contractor which is a company must give notice in writing to the Health Board without delay when—

(a)any share in the contractor is transmitted or transferred (including legally or beneficially) to another person on a date after the contract has come into force, if the contractor’s contract was entered into prior to 22nd December 2010;

(b)a member of the company ceases to be a member of the company or informs the other members of the company that that person intends to cease to be a member of the company, (and the notice must state the date upon which they ceased, or will cease, to be a member, of the company), if the contractor’s contract was entered into on or after 22nd December 2010;

(c)a person becomes a member of the company, if the contractor’s contract was entered into on or after 22nd December 2010;

(d)a, director or secretary of the company ceases to be a director or secretary of the company or informs the company that that person intends to cease to be a director or secretary of the company, and the notice must state the date upon which they ceased, or will cease, to be a director or secretary of the company;

(e)a new director or secretary becomes a director or secretary of the company;

(f)the company passes a resolution or a court of competent jurisdiction makes an order that the contractor be wound up;

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

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

(i)the contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986(1).

(2) A notice under sub-paragraph (1)(a) or (c) must—

(a)confirm that the new member, shareholder, or, as the case may be, the personal representative of a deceased shareholder—

(i)satisfies the conditions specified in regulation 11(1) or (9);

(ii)meets the further conditions in regulation 10; and

(iii)does not fall within paragraph 103(2); and

(b)state the date the new member or shareholder became a member or shareholder of the company.

(3) A notice under sub-paragraph (1)(e) must—

(a)state the date the new director or secretary became a director or secretary of the company; and

(b)confirm that the new director or, as the case may be, secretary does not fall within paragraph 103(2).

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