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Changes over time for: Section 35


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 24/06/2009.
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 08 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.

Changes to Legislation
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[35 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 National Health Service (Scotland) Act 1947, the National Health Service (Scotland) Act 1972 or [(prior to its repeal) section 19 of] this Act, or
(b)provided or performed personal medical services in accordance with section 17C arrangements, [(prior to the coming into force of section 2C)][ 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 [or contract] with whom a person has at any time[ provided or performed services as specified in subsection (1)]
(3)Schedule 9 supplements the provisions of this section.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
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