Health Service Medical Supplies (Costs) Act 2017

3 Voluntary schemes

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

(2) In subsection (1)—

(a) for “and 263” substitute “, 263 and 264A”,

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

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

(d) after paragraph (b) insert—

“(c) providing for any manufacturer or supplier to whom the scheme relates to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of any health service medicines (whether on the basis of net prices, average selling prices or otherwise).”

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

(4) After subsection (8) insert—

“(9) The Secretary of State may provide for any amount payable in accordance with a voluntary scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period.

(10) Neither of the following affects any liability of a manufacturer or supplier to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a voluntary scheme treated as applying to the person or the taking of any action in relation to any such liability—

(a) the withdrawal of consent by the person to the scheme being treated as applying to the person;

(b) the giving of notice to the person under subsection (4).”