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The Branded Health Service Medicines (Costs) Regulations 2018

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2.  Where the Secretary of State is unable to reasonably determine the net sales income specified in the first column of table 1, the daily penalty payable by a manufacturer or supplier must be calculated by reference to—

(a)the manufacturer or supplier’s Total United Kingdom sales in column (1) of table 2;

(b)the amount specified in column (2) opposite that entry in respect of each day of the contravention; and

(c)the amount specified in column (3) opposite that entry in respect of each subsequent day of that contravention.

Table 2

Column (1)

Total United Kingdom sales

Column (2)

Daily penalty for first 14 days

Column (3)

Daily penalty for subsequent days

Less than £100 million£2,500£5,000
£100 million or more£5,000£10,000

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