The Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations prohibit the sale of goodwill by certain performers or providers of primary medical services in all circumstances (regulation 3). They also amend the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 and the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 to, in effect, prohibit certain forms of sub contracting of clinical services by general medical services contractors and providers of primary medical services under agreements pursuant to section 17C of the National Health Service (Scotland) Act 1978 (c. 29) (“the Act”) (regulations 4 and 5). Regulation 6 is a transitional provision which imports the contractual terms specified in regulation 4 into default contracts, which are transitional arrangements for primary medical services providers who are entitled to enter into general medical services contracts. Regulation 7 and the Schedule set out the form of a certificate issued under paragraph 1(3) of Schedule 9 to the Act relating to a proposed transaction or series of transactions which might amount to a sale of goodwill.