National Health Service Act 1977

[F13(1)For each financial year, the [F2National Assembly for Wales] shall apportion, in such manner as [F3it] thinks appropriate, among all Health Authorities the total of the remuneration referable to the cost of drugs which is paid by each Health Authority in that year.E+W+S

(2)A Health Authority are accountable in any year for remuneration referable to the cost of drugs to the extent (and only to the extent) that such remuneration is apportioned to them under sub-paragraph (1) above.

(3)Where in any financial year any remuneration referable to the cost of drugs for which a Health Authority are accountable is paid by another Health Authority, the remuneration is to be treated (for the purposes of sections 97 and 97A above) as having been paid by the first authority in the performance of their functions.

(4)The [F2National Assembly for Wales] may, in particular, exercise [F4its discretion] under sub-paragraph (1) above—

(a)so that any apportionment reflects, in the case of each Health Authority, the financial consequences of orders for the provision of drugs, being orders which in [F5the Assembly’s opinion] are attributable to the authority in question,

(b)by reference to averaged or estimated amounts.

(5)The [F2National Assembly for Wales] may make provision for any remuneration referable to the cost of drugs which is paid by a Health Authority other than the Health Authority which are accountable for the payment to be reimbursed in such manner as [F6the Assembly] may determine.]

Textual Amendments

F1Sch. 12A inserted (1.9.1999 for E. for specified purposes and 1.4.2000 for E. for further specified purposes and otherwise prosp.) by 1999 c. 8, ss. 4(1)(4), 67(1); S.I. 1999/2342, art. 2(1)(4), Schs. 1, 3

F2Words in Sch.12A para. 3(1)(4)(5) substituted (10.10.2002 for W., otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17). {ss. 10(4)(a)}, 42(3); S.I. 2002/2532, art. 2, Sch.