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The Health Service Medicines (Price Control Penalties and Price Control Appeals Amendment) Regulations 2018

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3.—(1) The Secretary of State may make a demand for payment of the penalty from a manufacturer or supplier liable to pay a penalty under regulation 2(2).

(2) A demand made under paragraph (1) must be made by way of issuing a written notice to that manufacturer or supplier and must state—

(a)the amount of the penalty calculated in accordance with the Schedule up to the date on which the demand is made;

(b)the date before which the amount referred to in paragraph (a) must be paid;

(c)the daily rate at which the penalty continues to accrue until the price charged by the manufacturer or supplier for the supply of the health service medicine complies with the limit specified in the direction referred to in regulation 2(1); and

(d)the manufacturer’s or supplier’s appeal rights.

(3) For the purposes of calculating the amount of a penalty by reference to a number of days, the day on which the manufacturer or supplier complies with the limit specified in the direction referred to in regulation 2(1) does not count towards the calculation of the number of days.

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