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Health Service Medical Supplies (Costs) Act 2017

Contents

Territorial extent and application

  1. Most of the sections in the Act extend to England, Wales, Scotland and Northern Ireland. However, section 9, which relates to the provision of information from those providing primary medical services or pharmaceutical services, and the disclosure of the information, amends the NHS (Wales) Act and extends to England and Wales only and applies to Wales only. Also, subsection (1) of section 10 extends and applies to Scotland only (see commentary on territorial extent below).
  2. Regulation of the price of medicines and medical supplies used for the purpose of the health services in England, Scotland and Wales is reserved with regards to Scotland and Wales. The regulation of the price of medicines and medical supplies is not reserved with regards to Northern Ireland.
  3. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.

Sections relating to the remuneration for persons providing special medicinal products

  1. Section 1 of the Act amends section 164 of the NHS Act 2006. Section 164 extends to England and Wales and applies to England only. Section 1 of the Act therefore also extends to England and Wales only and applies to England only.
  2. Section 2 of the Act amends section 88 of the NHS (Wales) Act. Section 88 extends to England and Wales and applies to Wales only. Section 2 of the Act therefore also extends to England and Wales only and applies to Wales only.

Sections relating to the control of the cost of the health service medicines

  1. Sections 261 to 266, relating to the control of the cost of health service medicines, extend and apply to the United Kingdom.

Section relating to the control of other medical supplies

  1. Section 260, relating to the control of the cost of medical supplies, has been amended so that it extends to England and Wales, Scotland and Northern Ireland.
  2. Subsection (1) of section 10 of the Act makes consequential amendments so as to remove the provisions relating to medical supplies in the National Health Service (Scotland) Act 1978 ("the NHS (Scotland) Act"). Subsection (1) of section 10 therefore extends and applies to Scotland only.

Sections relating to the provision and disclosure of information

  1. Subject to certain limitations section 8 amends the NHS Act 2006 to allow the Secretary of State to request information from manufacturers, suppliers and distributers of health service medicines, medical supplies and other related products required for the purposes of the health service in the United Kingdom. The Secretary of State can request the information for England only, devolved and United Kingdom purposes. The Secretary of State can disclose that information to specified persons and only for specified purposes, including to the Devolved Administrations for devolved purposes. Section 8 extends and applies to the United Kingdom.

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