National Health Service Act 1977

Prohibition, and certificate of Medical Practices Committee E+W+S

1 (1) Any person who buys or sells the goodwill, F1 . . ., of a medical practice which it is unlawful to sell by virtue of section 54(1) above is guilty of an offence and liable on conviction on indictment to a fine not exceeding— E+W+S

(a) such amount as will in the court’s opinion secure that he derives no benefit from the offence, and

(b) the further amount of £500,

or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

[F2 (2) Any person proposing to be a party to a transaction or series of transactions which he thinks might amount to a sale of the goodwill of a medical practice in contravention of section 54(1) may ask [F3 the Secretary of State] for a certificate under this paragraph.]

(3) [F3 The Secretary of State] shall consider any such application, and, if [F4 he is] satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, F1 . . ., of such a medical practice, [F4 he shall] issue to the applicant a certificate to that effect, which shall be in the prescribed form and shall set out all material circumstances disclosed to [F3 the Secretary of State].

(4) Where any person is charged with an offence under this paragraph in respect of any transaction or series of transactions, it shall be a defence to the charge to prove that the transaction or series of transactions was certified by [F3 the Secretary of State] under sub-paragraph (3) above.

(5) Any document purporting to be such a certificate shall be admissible in evidence and shall be deemed to be such a certificate unless the contrary is proved.

(6) If it appears to the court that the applicant for any such certificate failed to disclose to [F3 the Secretary of State] all the material circumstances, or made any misrepresentation with respect thereto, the court may disregard the certificate, and sub-paragraph (4) shall not apply thereto.

(7) A prosecution for an offence under this paragraph shall only be instituted by or with the consent of the Director of Public Prosecutions, and [F3 the Secretary of State] shall, at the request of the Director, furnish him with a copy of any certificate issued by [F5 the Secretary of State] under sub-paragraph (3), and with copies of any documents produced to [F6 him] in connection with the application for that certificate.

F7 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Sch. 10 para. 1(1)(3) repealed (1.4.1998) by 1997 c. 46, s. 41(12), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1), Schs. 1, 2 (with arts. 3-5)

F2 Sch. 10 para. 1(2) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 30(3); S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F3 Words in Sch. 10 para. 1(2)-(4)(6)(7) substituted (1.4.2002) by 2001 c. 15, ss. 14(3)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F4 Words in Sch. 10 para. 1(3) substituted (1.4.2002) by 2001 c. 15, ss. 14(3)(b)(i)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F5 Words in Sch. 10 para. 1(7) substituted (1.4.2002) by 2001 c. 15, ss. 14(3)(c)(i), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F6 Word in Sch. 10 para. 1(7) substituted (1.4.2002) by 2001 c. 15, ss. 14(3)(c)(ii), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(3), Sch.

F7 Sch. 10 para. 1(8) repealed (1.4.1998) by 1997 c. 46, s. 41(12), Sch. 3 Pt. I; S.I. 1998/631, art. 2(1), Schs. 1, 2 (with arts. 3-5)