Health Service Medical Supplies (Costs) Act 2017

crossheading(controlling)(cost)(of)(health)(service)(medicines)

Controlling cost of health service medicines

s.1

Remuneration for persons providing special medicinal products: England

In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services), after subsection (8) insert—

s.2

Remuneration for persons providing special medicinal products: Wales

In section 88 of the National Health Service (Wales) Act 2006 (remuneration for persons providing pharmaceutical services), after subsection (8) insert—

s.3

Voluntary schemes

s.3(1)

Section 261 of the National Health Service Act 2006 (voluntary schemes for controlling the cost of health service medicines) is amended as follows.

s.3(2)

In subsection (1)—

s.3(2)(a)

for “and 263” substitute “ , 263 and 264A ”,

s.3(2)(b)

for “the purpose of” substitute “ one or more of the following purposes ”,

s.3(2)(c)

omit the “or” before paragraph (b), and

s.3(2)(d)

after paragraph (b) insert—

s.3(3)

In subsection (4) for “either” substitute “ any ”.

s.3(4)

After subsection (8) insert—

s.4

Power to control prices

For section 262(2) of the National Health Service Act 2006 (circumstances in which powers not exercisable) substitute—

s.5

Statutory schemes

s.5(1)

Section 263 of the National Health Service Act 2006 (statutory schemes for controlling the cost of health service medicines) is amended as follows.

s.5(2)

In subsection (1)—

s.5(2)(a)

after “body” insert “ and any other person the Secretary of State thinks appropriate ”,

s.5(2)(b)

for “the purpose of” substitute “ one or more of the following purposes ”,

s.5(2)(c)

omit the “or” before paragraph (b), and

s.5(2)(d)

after paragraph (b) insert—

s.5(3)

After subsection (1) insert—

s.5(4)

After subsection (5) insert—

s.5(5)

For subsection (7) substitute—

s.5(6)

After subsection (7) insert—

s.6

Enforcement

s.6(1)

The National Health Service Act 2006 is amended as follows.

s.6(2)

Section 265 (enforcement) is amended as follows.

s.6(3)

In subsection (4)—

s.6(3)(a)

after “261(8)(b)” insert “ or (9) ”, and

s.6(3)(b)

after “section 263(4), (5)” insert “ , (5A) ”.

s.6(4)

After subsection (8) insert—

s.6(5)

Section 266 (controls: supplementary) is amended as follows.

s.6(6)

In subsection (1) (Secretary of State's powers exercisable by making regulations or giving directions) for “(8)” substitute “ (9) ”.

s.6(7)

In subsection (3) after “section 263(1)” insert “ (a) or (b) ”.

s.6(8)

In subsection (4) after “section 263(1)” insert “ (a) and (b) ”.

s.6(9)

After subsection (4) insert—

crossheading(controlling)(cost)(of)(other)(medical)(supplies)

Controlling cost of other medical supplies

s.7

Control of maximum price of other medical supplies

s.7(1)

The National Health Service Act 2006 is amended as follows.

s.7(2)

Section 260 (control of maximum price of medical supplies, other than health service medicines) is amended in accordance with subsections (3) and (4).

s.7(3)

In subsection (1) for “this Act” substitute “ the health service ”.

s.7(4)

After subsection (1) insert—

s.7(5)

In section 265 (enforcement)—

s.7(5)(a)

in subsection (1) for “regulations or directions under sections 261” substitute “ orders, regulations or directions under sections 260 ”,

s.7(5)(b)

in subsection (5) for “261” substitute “ 260 ”, and

s.7(5)(c)

in subsection (8) for “261” substitute “ 260 ”.

s.7(6)

In section 266(6) (interpretation) for “261” substitute “ 260 ”.

s.7(7)

In section 272(6) (orders, regulations, rules and directions subject to affirmative procedure), after paragraph (a) insert—

s.7(8)

In section 278(3) (provisions which extend to Scotland and Northern Ireland) for “261” substitute “ 260 ”.

s.7(9)

In Schedule 22 (which makes further provision in relation to section 260) omit paragraph 1 (which specifies provision which may be made by an order under section 260).

crossheading(information)(about)(medical)(supplies)(etc)

Information about medical supplies etc

s.8

Provision of information to Secretary of State and disclosure

After section 264 of the National Health Service Act 2006 insert—

s.9

Provision of information to Welsh Ministers and disclosure

crossheading(supplementary)(and)(final)(provisions)

Supplementary and final provisions

s.10

Consequential amendments

s.10(1)

Omit the following provisions of the National Health Service (Scotland) Act 1978—

s.10(1)(a)

section 49 (control of maximum prices for medical supplies other than health service medicines), and

s.10(1)(b)

Schedule 10 (additional provisions as to control of maximum prices for medical supplies other than health service medicines).

s.10(2)

The National Health Service Act 2006 is amended as follows.

s.10(3)

In section 260 (control of maximum price of medical supplies other than health service medicines)—

s.10(3)(a)

omit subsections (2) to (4), and

s.10(3)(b)

in subsection (5) omit—

s.10(3)(b)(i)

“and Schedule 22”, and

s.10(3)(b)(ii)

the definition of “undertaking” (and the “and” before it).

s.10(4)

In section 261 (powers relating to voluntary schemes) omit subsection (7).

s.10(5)

In section 263 (statutory schemes)—

s.10(5)(a)

in subsection (2) for “(3)” substitute “ (4) ”, and

s.10(5)(b)

omit subsection (3).

s.10(6)

In section 264 (statutory schemes: supplementary) omit subsection (2).

s.10(7)

Section 265 (enforcement) is amended in accordance with subsections (8) to (14).

s.10(8)

In subsection (1) for “264” substitute “ 264A ”.

s.10(9)

In subsection (5)—

s.10(9)(a)

the words from “conferring” to the end become paragraph (a), and

s.10(9)(b)

after paragraph (a) insert

s.10(10)

After subsection (5) insert—

s.10(11)

In subsection (7)(a) and (d) after “supplier” insert “ , or other person who is a UK producer, ”.

s.10(12)

In subsection (8) for “264” substitute “ 264A ”.

s.10(13)

For subsection (9) substitute—

s.10(14)

After subsection (10) insert—

s.10(15)

In section 271 (territorial limit of exercise of functions), in subsection (3)(i) omit “and Schedule 22”.

s.10(16)

In section 272 (orders, regulations, rules and directions) omit subsection (9).

s.10(17)

In section 278 (extent), in subsection (3), after “supplies)” insert “ , and this Part to the extent that it applies to those sections, ”.

s.10(18)

In Schedule 22 (provisions in relation to section 260) omit paragraphs 2 to 11.

s.10(19)

In section 203(6) of the National Health Service (Wales) Act 2006 (statutory instruments which are subject to affirmative procedure) after “section 25B(3)(c) or” insert “ 201A(9) or ”.

s.11

Extent

s.11(1)

Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

s.11(2)

Sections 1, 2, 9 and 10(19) extend to England and Wales only.

s.11(3)

Section 10(1) extends to Scotland only.

s.12

Commencement

s.12(1)

Section 11, this section and section 13 come into force on the day on which this Act is passed.

s.12(2)

Sections 2, 9 and 10(19) come into force on such day as the Welsh Ministers may by order appoint.

s.12(3)

The remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.

s.12(4)

An order or regulations under this section may—

s.12(4)(a)

appoint different days, or make different provision, for different purposes or areas, and

s.12(4)(b)

make transitional, transitory or saving provision.

s.12(5)

An order or regulations under this section is or are to be made by statutory instrument.

s.13

Short title

This Act may be cited as the Health Service Medical Supplies (Costs) Act 2017.