The Health Service Branded Medicines (Control of Prices and Supply of Information) (No. 2) Regulations 2008

Regulation 7(1)

SCHEDULE RECOVERABLE SUMS

1.  For the purposes of regulation 7, the recoverable sum shall be the sum of—

(a) the difference between the amount which a person would have received had the product been supplied at the maximum price and the amount that the person actually received; and

(b) the amount calculated by multiplying that difference by the appropriate additional percentage specified in the Table in paragraph 2.

2.  In respect of a contravention described in column (1) of the following table, the appropriate additional percentage is specified opposite in column (2).

THE TABLE

Contravention	Additional Percentage
Column (1)	Column (2)
First contravention	5 per cent
Second contravention	15 per cent
Third contravention	25 per cent
Fourth contravention	35 per cent
Fifth or subsequent contravention	50 per cent

3.  For the purposes of this Schedule—

(a) “second contravention” means a contravention which occurs where a presentation continues to be supplied in excess of the maximum price for a period of two months after the first contravention which relates to that presentation; and

(b) each subsequent contravention occurs where the same presentation continues to be supplied for a further period of two months from the date of a previous contravention which relates to that product.