HC Deb 19 November 1956 vol 560 cc1359-60
13. Dr. D. Johnson

asked the Minister of Health what are the criteria by which the Medical Practices Committee judge the value of a doctor's house, when asked to give a certificate under the provisions of Section 35 (9) of the National Health Service Act as to whether they are satisfied that the transaction for its sale does not involve the goodwill of a medical practice.

Mr. Turton

The Committee decides whether or not the consideration for the sale, letting or other disposition of the house is substantially in excess of the consideration which might reasonably have been expected if the premises had not previously been used for the purposes of a medical practice; this criterion is laid down in Section 35 (3) of the Act.

Dr. Johnson

Is my right hon. Friend aware of the recent case of Dr. E. J. King who suffered substantial loss owing to the valuation of the house in his practice at Cleator Moor, Cumberland, as fixed by the Committee, being controverted by subsequent High Court decision? What explanation can he give of two different values being fixed for the same house? Will he endeavour to see that this Committee gives greater care and consideration to all the aspects of its duties in this respect, particularly in cases where the price is in dispute?

Mr. Turton

I am aware of the case of which my hon. Friend has sent me details. It is quite untrue to say that the High Court controverted the decision of the Medical Practices Committee. The Medical Practices Committee said that it was not satisfied that the price was not above the ordinary market price. The High Court was dealing with quite a different aspect of the matter and, therefore, it was not a case of one decision controverting the other.