|Made||16th November 2004|
|Coming into operation||16th December 2004|
(2) For the purposes of these Regulations, a contractor or performer has a registered patient list if there are patients -
Prohibition on the sale of goodwill in certain primary medical services practices
3. - (1) The following performers or providers of primary medical services -
may not sell the goodwill of their medical practices in any circumstances (and no other person may sell that goodwill in their stead).
(2) A performer or provider of primary medical services who is a shareholder in a company -
may not sell a share in that company that includes a goodwill factor that relates to his medical practice in any circumstances (and no other person may sell that share in his stead).
Amendment of the GMS Contracts Regulations
4. - (1) In paragraph 64 of Part 4 of Schedule 5 to the GMS Contracts Regulations (other contractual terms - sub-contracting of clinical matters), after sub-paragraph (9) add the following sub-paragraph -
where that company or firm is or was formed wholly or partly for the purpose of avoiding restrictions on the sale of goodwill of a medical practice in Article 60 of and Schedule 10 to the 1972 Order or any Regulations made wholly or partly under those provisions."
(2) After paragraph 106 of Part 8 of Schedule 5 to the GMS Contracts Regulations (other contractual terms), insert the following paragraph -
5. - (1) Pending the variation of a contract so as to include the terms which, by virtue of regulation 4, must be included in it, for all purposes the contract shall apply as if it had been varied to include the terms which, by virtue of regulation 4, must be included in it.
(2) For all purposes, default contracts shall apply as if they included the terms set out in regulation 4 for general medical services contracts.
Certificate that a transaction does not involve a sale of goodwill
6. A certificate issued under paragraph 2(3) of Schedule 10 to the 1972 Order shall be in the form set out in the Schedule.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
16th November 2004.
Dr. J. F. Livingstone
Senior Officer of the Department of Health, Social Services and Public Safety
 S.I. 1972/1265 (N.I. 14), Article 15D was inserted by S.I. 1997/1177 (N.I. 7) - Article 22; S.I. 2004/311 (N.I. 2) - Article 6; Article 57E was inserted by S.I. 2004/311 (N.I. 2) - Article 4; Schedule 10 was substituted by Section 55 of, and Schedule 3 to, the Health and Personal Social Services Act (Northern Ireland) 2001 (2001 c. 3 (N.I.)) and amended by S.I. 2004/311, paragraph 11back