National Health Service Act 1977

54 Prohibition of sale of medical practices.E+W+S

(1)Where the name of any medical practitioner is or has been at any time entered on any list of medical practitioners undertaking to provide general medical services, it shall be unlawful subsequently to sell the goodwill or any part of the goodwill of the medical practice of that medical practitioner.

This subsection is subject to subsections (2) and (3) below; and the additional provisions contained in Schedule 10 to this Act have effect for the purposes of this section.

[F1(2)Where a medical practitioner whose name has ceased to be entered on any list of medical practitioners undertaking to provide general medical services practices in the locality of a Family Practitioner Committee without his name ever having been entered on a list of medical practitioners undertaking to provide general medical services there, subsection (1) above does not render unlawful the sale of the goodwill or any part of the goodwill of his practice in that locality.

(3)Subsection (1) above does not prevent the sale of the goodwill or any part of the goodwill of a medical practice carried on in any such locality, being a sale by a medical practitioner whose name has never been entered on a list of medical practitioners undertaking to provide general medical services there, notwithstanding that any part of the goodwill to be sold is attributable to such a practice previously carried on by a person whose name was entered on such a list.

(4)In this section “general medical services” includes the services so described provided pursuant to the provisions of the National Health Service Act 1946 by arrangement with an Executive Council or pursuant to the provisions of the M1National Health Service Reorganisation Act 1973 by arrangement with a Family Practitioner Committee.]

Textual Amendments

F1S. 54(2)–(4) substituted for s. 54(2)(3) by S.I. 1985/39, art. 7(17)

Marginal Citations

M11973 c. 32(113:2).