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(b)

removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, from being concerned in the management or control of any body;

17.10.10

he is subject to a disqualification order under the Company Directors Disqualification Act 1986, the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986;

17.10.11

he has refused to comply with a request by the PCT for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the contract and, the PCT is not satisfied that the Contractor is taking adequate steps to deal with the matter.

17.11

The PCT shall not terminate the Contract pursuant to Clause 17.10.2 where the PCT is satisfied that the disqualification or suspension imposed by a Licensing Body outside the United Kingdom does not make the person unsuitable to be a contractor, or a director or secretary of the company or such other office as is specified in Clause 17.9, as the case may be.56

17.12

The PCT shall not terminate the Contract pursuant to Clause 17.10.3 until a period of at least three (3) months has elapsed since the date of the dismissal of the person concerned; or if, during that period of time, the person concerned brings proceedings in any competent tribunal or court in respect of his dismissal, until proceedings before that tribunal or court are concluded.  The PCT may only terminate the Contract in the latter situation if there is no finding of unfair dismissal at the end of those proceedings.

17.13

The PCT shall not terminate the Contract pursuant to Clause 17.10.7 where the PCT is satisfied that the conviction does not make the person unsuitable to be a contractor or a director or secretary of the company or such other office as is specified in Clause 17.9, as the case may be. 57

Termination by the PCT for a Serious Breach58  

17.14

The PCT may serve notice in writing on the Contractor terminating the Contract forthwith or with effect from such date as may be specified in the notice if:

57 See footnote to Clause 17.11.   

58 Except as noted, Clauses 17.14 and 17.15 are required by APMS Direction 5(1)(u).

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