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National Health Service (Scotland) Act 1978

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Changes over time for: Section 35

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Changes to legislation:

National Health Service (Scotland) Act 1978, Section 35 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F135 Sale of medical practices.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 Executive Council or Health Board under the M1National Health Service (Scotland) Act 1947, the M2National Health Service (Scotland) Act 1972 or [F2(prior to its repeal) section 19 of] this Act, or

(b)provided or performed personal medical services in accordance with section 17C arrangements, [F3(prior to the coming into force of section 2C)][F4 or

(c)provided or performed primary medical services in accordance with section 17C arrangements or arrangements under section 2C(2) or under a general medical services contract—

(i)in prescribed circumstances; or

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

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

(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 Executive Council or Health Board by arrangement [F5or contract] with whom a person has at any time[F6 provided or performed services as specified in subsection (1)]

(3)Schedule 9 supplements the provisions of this section.]

Textual Amendments

F2Words in s. 35(1)(a) inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(i); S.S.I. 2004/58, art. 2, Sch.

F3Words in s. 35(1)(b) inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(ii); S.S.I. 2004/58, art. 2, Sch.

F4S. 35(1)(c) and word inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(iii); S.S.I. 2004/58, art. 2, Sch.

F5S. 35(2): words in the "definition of relevant" inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(b)(i); S.S.I. 2004/58, art. 2, Sch.

F6Words in s. 35(2) substituted (13.2.2004 for certain purposes, otherwise 1.4.2004) for s. 35(2)(a)(b) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(b)(ii); S.S.I. 2004/58, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

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