Report of the Legal Committee on Medical Partnerships.

  • Great Britain. Legal Committee on Medical Partnerships.
Date:
[1948]
Catalogue details

Licence: Public Domain Mark

Credit: Report of the Legal Committee on Medical Partnerships. Source: Wellcome Collection.

    18/22 page 18
    Distribution of medical practitioners providing services. Prohibition of sale of medical practices. APPENDIX. III Main provisions of National Health Service Act 1946(a) relevant to the inquiry 34.—(1) Subject to the provisions of this Part of this Act relating to the disqualification of practitioners, every medical practitioner engaged in medical practice (otherwise than as a paid assistant) who wishes to provide general medical services shall be entitled, on making an application at any time before the appointed day in the prescribed manner to the Executive: ‘Council for any area in which he is practising, to be included in the list of medical practitioners undertaking to provide general medical services for persons in that area. (2) With a view to securing that the number of medical practitioners undertaking to provide general medical services in the areas of different Executive Councils or in different parts of those areas is adequate, the Minister shall constitute a committee, to be called the Medical Practices Committee, for the purpose of considering and determining applications— (a) made before the appointed day by a medical practitioner who is not entitled ‘under the last foregoing subsection to be included in the list of an Executive Council, for inclusion in that list; and (b) made on or after the appointed day for inclusion in any such list kept by an Executive Council for any area; and all such applications made in the prescribed manner to an Executive Council shall be referred by that Council to the said Committee, and any medical practitioner whose application is granted by the said Committee shall, subject to the provisions of this Part of this Act relating to the disqualification of practitioners, be entitled to be included in the list. 35.—(1) Where the name of any medical practitioner is, on the appointed day or at any time thereafter, entered on any list of medical practitioners undertaking to provide general medical services, it shall be unlawful subse- quently to sell the goodwill or- any part of the goodwill of the medical practice of that medical practitioner : (4) Where in pursuance of any partnership agreement between medical practitioners— (a) any valuable consideration, other than the performance of services in the partnership business, is given by a partner or proposed partner as consideration for his being taken into partnership; (b) any valuable consideration is given to a partner, on or in contem- plation of his retirement or of his acceptance of a reduced share of the partnership profits, or to the personal representative of a partner on his death, not being a payment in respect of that partner’s share in past earnings of the partnership or in any partnership assets or any other payment required to be made to him as the result of the final settlement of accounts, as between him and the other partners, in respect of past transactions of the partnership; or (c) services are performed by any partner for a consideration sub- stantially less than those services might reasonably have been expected to be worth having regard to the circumstances at the time when the agreement was made; there shall be deemed for the purposes of this section to have been a sale of the goodwill or part of the goodwill of the practice of any partner to whom or to whose personal representative the consideration or any_ part thereof is given or, as the case may be, for whose benefit the services are (a) 9 & 10 Geo. 6. c. 81.
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