SCHEDULES
F1SCHEDULE 12APharmaceutical remuneration
Interpretation
1
In this Schedule—
a
“drugs” includes medicines and listed appliances (within the meaning of section 126), and
b
“pharmaceutical remuneration” means remuneration paid by F2NHS England to persons providing pharmaceutical services or local pharmaceutical services.
Pharmaceutical remuneration to be apportioned among F11integrated care boards
Words in Sch. 12A para. 2 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
2
1
F2NHS England must determine the elements of pharmaceutical remuneration in respect of which apportionments are to be made in relation to a financial year in accordance with this paragraph.
2
In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.
3
4
5
6
Where an amount of pharmaceutical remuneration is apportioned to F6an integrated care board, F2NHS England—
a
may deduct that amount from the sums that it would otherwise pay to F7the board under section 223G(1), and
b
if it does so, must notify F8the board accordingly.
7
The Secretary of State may direct F2NHS England that an element of pharmaceutical remuneration specified in the direction is not to be included in a determination under sub-paragraph (1).
8
F109
Other pharmaceutical remuneration
3
1
This paragraph applies in relation to pharmaceutical remuneration paid in a financial year other than—
a
designated elements of such remuneration, and
b
remuneration of a prescribed description.
2
F2NHS England may require a person to reimburse F2NHS England for any pharmaceutical remuneration to which this paragraph applies if the drugs or services to which the remuneration relates were—
a
ordered by that person, or
b
ordered in the course of the delivery of a service arranged by that person.
3
Any sum payable to F2NHS England by virtue of sub-paragraph (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
Exercise of functions
4
F2NHS England may, with the consent of the Secretary of State—
a
direct a Special Health Authority to exercise any functions of F2NHS England under this Schedule, or
b
arrange for any other person to exercise any of those functions.
Sch. 12A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 51(2), 306(4), Sch. 3; S.I. 2013/160, art. 2(2) (with arts. 7-9)