Part II

Provision of Services

Supplementary provisions relating to Part II

Sale of medical practices.
35
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.
S. 35 substituted (1.4.1998) by 1997 c. 47, s. 34(2); S.I. 1998/631, art. 2(a), Sch. 1
1947 c. 27.
1972 c. 58.
Words 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.
Words 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.
S. 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.
S. 35(1)(c) modified (1.4.2004) by The General Medical Services and Section 17 C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96
S. 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.
Words 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.
Pt II (ss. 18-35) restricted (1.4.1998) by 1997 c. 46, s. 12(1); S.I. 1998/631, art. 2(2)(b), Sch. 2
Pt. II (ss. 18-35) power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(2)(b), Sch. 2
Pt. II (ss. 18-35) power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(2)(b), Sch. 2