The Branded Health Service Medicines (Costs) Regulations 2018

Demands and appeals

7.—(1) Paragraph (2) applies where—

(a) the whole or any part of the amount required to be paid by a manufacturer or supplier under regulation 3 is not paid in accordance with table 1 of Schedule 1 and so an amount is overdue; or

(b) the whole or any part of the amount required to be paid by a manufacturer or supplier under a direction given under regulation 4 is not paid in accordance with that direction, and so an amount is overdue.

(2) Where this paragraph applies the Secretary of State may make a demand for payment from the manufacturer or supplier in respect of the overdue amount.

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

(a) the overdue amount referred to in paragraph (1)(a) or (b);

(b) the amount of interest calculated in accordance with regulation 5(3) up to the date on which the demand is made;

(c) the amount of penalty calculated in accordance with regulation 6(2) up to the date on which the demand is made;

(d) the daily rate at which the interest and penalty continues to accrue for as long as the amount referred to in paragraph (1)(a) or (b) continues to be overdue; and

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

(4) If a manufacturer or supplier sends a notice of an appeal to the Tribunal in accordance with regulation 4 of the Health Service Medicines (Price Control Appeal) Regulations 2000(1), in respect of a demand issued by way of a written notice under paragraph (3), the period beginning on the date that the notice is received by the Tribunal to the date on which the appeal is finally determined or is withdrawn is discounted for the purposes of the calculation of the number of days in respect of which an amount referred to in paragraph (1)(a) or (b) is overdue.

(1)

S.I. 2000/124 as amended by S.I. 2000/870 and 2007/1898.