- Latest available (Revised)
- Point in Time (26/12/2023)
- Original (As enacted)
National Health Service Act 2006
You are here:
- UK Public General Acts
- 2006 c. 41
- SCHEDULE 12A
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes over time for: SCHEDULE 12A
Alternative versions:
- 01/04/2013- Amendment
- 01/07/2022- Amendment
- 26/12/2023
Point in time
Status:
Point in time view as at 26/12/2023.
Changes to legislation:
National Health Service Act 2006, SCHEDULE 12A is up to date with all changes known to be in force on or before 11 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 165A(3)
[F1SCHEDULE 12AE+WPharmaceutical remuneration
Textual Amendments
F1Sch. 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)
InterpretationE+W
1E+WIn 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.
Textual Amendments
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Pharmaceutical remuneration to be apportioned among [F3integrated care boards]E+W
Textual Amendments
F3Words 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.E+W
(2)In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.
(3)[F2NHS England] must notify each [F4integrated care board] of a determination under sub-paragraph (1).
(4)[F2NHS England] must apportion the sums paid by it in respect of each designated element during the financial year among all [F5integrated care boards], in such manner as [F2NHS England] thinks appropriate.
(5)In apportioning sums under sub-paragraph (4), [F2NHS England] may, in particular, take into account the financial consequences of orders for the provision of drugs that are attributable to the members of each [F6integrated care board].
(6)Where an amount of pharmaceutical remuneration is apportioned to [F7an integrated care board], [F2NHS England]—
(a)may deduct that amount from the sums that it would otherwise pay to [F8the board] under section 223G(1), and
(b)if it does so, must notify [F9the 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)In determining the amount to be allotted to [F10an integrated care board] for the purposes of section 223G, [F2NHS England] must take into account the effect of this Schedule.
[F11(9)For the purposes of sections 223GC and 223M(1)(b) and paragraph 22 of Schedule 1B, any amount of which an integrated care board is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.]
Textual Amendments
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4Words in Sch. 12A para. 2(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in Sch. 12A para. 2(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F6Words in Sch. 12A para. 2(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(d); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F7Words in Sch. 12A para. 2(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(e)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in Sch. 12A para. 2(6)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(e)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F9Words in Sch. 12A para. 2(6)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(e)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F10Words in Sch. 12A para. 2(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(f); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F11Sch. 12A para. 2(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 138(g); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Other pharmaceutical remunerationE+W
3(1)This paragraph applies in relation to pharmaceutical remuneration paid in a financial year other than—E+W
(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).
Textual Amendments
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Exercise of functionsE+W
4E+W[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.]
Textual Amendments
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.