- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
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).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: