National Health Service Act 2006 : Chapter 41.

  • Great Britain.
Date:
[2006], ©2006
Catalogue details

Licence: Open Government Licence

Credit: National Health Service Act 2006 : Chapter 41. Source: Wellcome Collection.

    271/278 (page 253)
    (9) For the purposes of section 259 and paragraph 1, the goodwill of a medical practice is deemed to have been sold if sub-paragraph (10) or (11) applies. (10) This sub-paragraph applies where a person carrying on the practice (or employing a practitioner who carries on a medical practice) agrees, for valuable consideration — (a) to door refrain from doing any act for the purpose of facilitating the succession of another to the practice, or (b) to allow any act to be done for that purpose. (11) This sub-paragraph applies where a person — (a) gives valuable consideration to a person carrying on the practice (or employing a practitioner who carries on a medical practice), and (b) succeeds, or has previously succeeded, to the practice. (12) Sub-paragraph (9) does not apply if it is proved that no part of the consideration was given in respect of the goodwill. (13) Sub-paragraph (9) does not apply to anything done — (a) in relation to the acquisition of premises for the purposes of a medical practice, (b) in pursuance of a partnership agreement, or (c) in the performance of medical services by one person as an assistant to another. Consideration 3 (1) In determining for the purposes of section 259 and this Schedule the consideration given in respect of any transaction, the court must — (a) have regard to any other transaction appearing to the court to be associated with the first transaction, (b) estimate the total consideration given in respect of both or all the transactions, and (c) apportion the total between the transactions in such manner as the court considers just. (2) For the purposes of section 259 and this Schedule consideration is deemed to be given to a person (“B”) if — (a) it is given to another person but with B’s knowledge and consent, and (b) it appears to the court that B has derived, or will derive, a substantial benefit from the giving of the consideration. + The fact that a person’s medical practice was previously carried on by another person who at any time provided or performed services as specified in section 259 does not, by itself, make it unlawful under section 259 for the goodwill of his practice to be sold.