SCHEDULES

SCHEDULE 10 Additional Provisions as to Prohibition of Sale of Medical Practices

Prohibition, and certificate of Medical Practices Committee

1

1

Any person who buys or sells the goodwill, F1. . ., of a medical practice which it is unlawful to sell by virtue of section 54(1) above is guilty of an offence and liable on conviction on indictment to a fine not exceeding—

a

such amount as will in the court’s opinion secure that he derives 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.

F22

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 section 54(1) may ask F3the Secretary of State for a certificate under this paragraph.

3

F3The Secretary of State shall consider any such application, and, if F4he is satisfied that the transaction or series of transactions does not involve the giving of valuable consideration in respect of the goodwill, F1. . ., of such a medical practice, F4he 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 F3the Secretary of State.

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 F3the Secretary of State under sub-paragraph (3) above.

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 F3the Secretary of State 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 F3the Secretary of State shall, at the request of the Director, furnish him with a copy of any certificate issued by F5the Secretary of State under sub-paragraph (3), and with copies of any documents produced to F6him in connection with the application for that certificate.

F78

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