SCHEDULE 6OTHER CONTRACTUAL TERMS

PART 5RECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

Notice provisions specific to a contract with a company limited by shares83

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)96.

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.