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4.—(1) The maximum price which may be charged for a low cost presentation is the price at which that presentation was on sale for health service purposes in England on 1st December 2008 without regard to any discount or other variation of the price which did not have general application on that date.
(2) In this regulation—
“low cost presentation” means a presentation which has—
for the current calendar year a relevant cost to the health service in England of not more than £450,000, or
a reimbursement price of less than £2.00;
“reimbursement price” means the price at which the presentation is reimbursed by the health service in England;
“relevant cost” in relation to a presentation for a calendar year means the aggregate cost of that presentation to the health service in England as determined by the Secretary of State in respect of the period of 12 months to the end of June of the preceding year, without regard to dispensing costs or fees, discounts, income or cost resulting from the payment of prescription charges or the purchase or use of a pre-payment certificate(1).
See section 174 of the National Health Service Act 2006 (c. 41).
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