2.—(1) Any person who sells or buys the goodwill of a medical practice which it is unlawful to sell by virtue of paragraph 1 is guilty of an offence and liable on conviction on indictment to a fine not exceeding—N.I.
(a)such amount as will in the court's opinion secure that he derive 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.
(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 paragraph 1 may ask [F2the Department] for a certificate under this paragraph.
(3) The [F3Department] shall consider any such application, and, if it is satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill of such a medical practice, it 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 the [F3Department] .
(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 [F4the Department] under sub-paragraph (3).
(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 [F5the Department] 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 [F6the Department] shall, at the request of the Director, furnish him with a copy of any certificate issued by it under sub-paragraph (3), and with copies of any documents produced to it in connection with the application for that certificate.]
F2Words in Sch. 10 para. 2(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(a); S.R. 2022/102, art. 2(b)
F3Word in Sch. 10 para. 2(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(b); S.R. 2022/102, art. 2(b)
F4Words in Sch. 10 para. 2(4) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)
F5Words in Sch. 10 para. 2(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)
F6Words in Sch. 10 para. 2(7) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 52(3)(c); S.R. 2022/102, art. 2(b)