This guidance is aimed at all GP partners in Scotland. Scottish partnership law is different in many respects from elsewhere in the UK.
The importance of a partnership agreement cannot be overstated – it sets out the obligations, responsibilities, and restrictions of partners at a GP practice. There are considerable risks to GP partnerships that do not have a partnership agreement.
You are strongly advised to enter into a written partnership agreement and to seek legal and accountancy advice when establishing or updating your partnership agreement.
This guidance covers:
- the risks of not having a written partnership agreement
- essential clauses for the partnership agreement
- taking on new partners
- retirement, death, and suspension of partners
- holidays, study leave, sabbaticals, incapacity and long-term sick leave
- maternity, paternity and shared parental leave
- partnership splits, leaving the partnership
- banking, tax and accounts, and pensions
- duties implied for partners by general law
The BMA can provide advice to members when considering their partnership agreement.