National Health Service Act 1977

[F1 54 Sale of medical practices. E+W+S

(1) It is unlawful to sell the goodwill of the medical practice of a person who has at any time—

(a) provided general medical services under arrangements made with any Council, Committee [F2 , Primary Care Trust] or Authority under the M1 National Health Service Act 1946, the M2 National Health Service Reorganisation Act 1973 or this Act, or

(b) provided or performed personal medical services in accordance with section 28C arrangements,

unless that person no longer provides or performs such services and has never carried on the practice in a relevant area.

[F3 or

(c) provided or performed primary medical services in accordance with section 28C arrangements, arrangements under section 16CC(2)(b) above or under a general medical services contract—

(i) in prescribed circumstances, or

(ii) if regulations so provide, in all circumstances,]

(2) In this section—

• “goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;

• “medical practice” includes any part of a medical practice; and

• “relevant area”, in relation to any Council, Committee [F2 , Primary Care Trust] or Authority by arrangement with whom a person has at any time—

  (a)

  provided general medical services, or

  (b)

  provided or performed personal medical services in accordance with section 28C arrangements,

  means the area, district or locality of that Council, Committee [F2 , Primary Care Trust] or Authority (at that time).

(3) Schedule 10 supplements the provisions of this section.]

Textual Amendments

F1 S. 54 substituted (1.4.1998) by 1997 c. 46, 34(1); S.I. 1998/631, art. 2(1)(a), Sch. 1

F2 Words in s. 54 inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 29; S.I. 2002/2478, art. 3(1)(d)

F3 S. 54(1)(c) and word inserted (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 26(2)(c)

Marginal Citations

M1 1946 c. 81.

M2 1973 c. 32.