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Sale Of Medical Practice Agreement Template for England and Wales

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Key Requirements PROMPT example:

Sale Of Medical Practice Agreement

"I need a Sale Of Medical Practice Agreement for the sale of my London-based GP practice with four partners to a large healthcare group, including transfer of premises, staff, and NHS contracts, with completion planned for March 2025."

Document background
The Sale Of Medical Practice Agreement is essential when transferring ownership of medical practices in England and Wales. It is typically used when a doctor or medical partnership wishes to sell their practice to another healthcare provider or when planning retirement or relocation. The agreement covers crucial aspects including transfer of assets, patient records, employees (under TUPE regulations), CQC registration, NHS contracts, and premises (if applicable). It ensures compliance with healthcare regulations, data protection laws, and professional standards while maintaining continuity of patient care. The document is specifically tailored to meet the requirements of English and Welsh healthcare law and regulatory frameworks.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser of the medical practice

2. Background: Context of the sale and brief description of the medical practice

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core terms of the transaction including assets being transferred

5. Purchase Price: Consideration and payment terms

6. Completion: Process and requirements for completing the sale

7. Warranties: Seller's assurances about the practice

8. Patient Records: Terms regarding transfer and handling of patient information

9. Employees: TUPE provisions and employee-related matters

Optional Sections

1. Property Transfer: Terms for transfer of premises ownership/lease - include when practice premises are included in sale

2. Restrictive Covenants: Non-compete and similar restrictions - include when seller agrees to restrictions post-sale

3. Third Party Contracts: Assignment of existing contracts - include when practice has ongoing service contracts

Suggested Schedules

1. Schedule 1: Assets: Detailed list of all assets included in the sale

2. Schedule 2: Property Details: Details of premises if included in sale

3. Schedule 3: Employees: List of transferring employees and their terms

4. Schedule 4: Contracts: List of contracts being transferred

5. Schedule 5: Equipment: Inventory of medical equipment included

6. Schedule 6: Warranties: Detailed warranties given by seller

7. Appendix A: CQC Registration: Current CQC registration details

8. Appendix B: NHS Contracts: Details of NHS contracts being transferred

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

National Health Service Act 2006: Primary healthcare legislation governing the structure and function of the NHS and healthcare delivery in England and Wales

Health and Social Care Act 2012: Legislation that reformed the NHS, including changes to healthcare commissioning and regulation

Medical Act 1983: Fundamental legislation governing medical practice and professional regulation in the UK

TUPE Regulations 2006: Protects employees' rights when a business or practice transfers to new ownership

Employment Rights Act 1996: Defines fundamental employment rights and obligations that must be considered during practice transfer

Companies Act 2006: Relevant if the medical practice is incorporated as a company, governing business structure and transfers

UK GDPR: Regulations governing the processing and protection of personal data, crucial for patient records

Data Protection Act 2018: UK's implementation of data protection requirements, specifically relevant to medical records

Access to Health Records Act 1990: Governs rights of access to health records, particularly important during practice transfer

Law of Property Act 1925: Fundamental property law relevant if the practice premises are included in the sale

Landlord and Tenant Act 1954: Governs commercial leases if the practice premises are leasehold

Sale of Goods Act 1979: Applies to the transfer of physical assets and equipment within the practice

Value Added Tax Act 1994: Governs VAT implications of the practice sale and ongoing operations

CQC Regulations: Care Quality Commission requirements for healthcare providers that must be maintained during and after transfer

GMC Guidelines: General Medical Council professional standards and requirements for medical practitioners

NHS Constitution: Establishes the principles and values of the NHS in England, including patient rights and staff obligations

BMA Guidelines: British Medical Association professional guidelines for medical practice transfers and operations

Clinical Commissioning Group Requirements: Local healthcare commissioning requirements that must be maintained through the transfer

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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