[F1Pharmaceutical remuneration to be apportioned among [F2integrated care boards]E+W
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)
F2Words 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)[F3NHS 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)[F3NHS England] must notify each [F4integrated care board] of a determination under sub-paragraph (1).
(4)[F3NHS 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 [F3NHS England] thinks appropriate.
(5)In apportioning sums under sub-paragraph (4), [F3NHS 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], [F3NHS 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 [F3NHS 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, [F3NHS 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
F3Words 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)