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

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

83.—(1) A contractor which is a company limited by shares shall give notice in writing to the Local 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 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)(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 he or she satisfies the conditions specified in section 28S(2)(b)(i) to (iv) of the Act; and

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

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