National Health Service Act 2006

265 Enforcement U.K.

(1) Regulations may provide for a person who contravenes any provision of [F1 orders, regulations or directions under sections 260] to [F2 264A] to be liable to pay a penalty to the Secretary of State.

(2) The penalty may be—

(a) a single penalty not exceeding £100,000, or

(b) a daily penalty not exceeding £10,000 for every day on which the contravention occurs or continues.

(3) Regulations may provide for any amount required to be paid to the Secretary of State by virtue of section 261(8)(b), 262(1)(b) or 263(4) or (6)(b) to be increased by an amount not exceeding 50 per cent.

(4) Regulations may provide for any amount payable to the Secretary of State by virtue of provision made under section 261(8)(b) [F3 or (9)], 262(1)(b) or 263(4), (5) [F4 , (5A)] or (6)(b) (including such an amount as increased under subsection (3)) to carry interest at a rate specified or referred to in the regulations.

(5) Provision may be made by regulations for

[F5 (a)] conferring on manufacturers and suppliers a right of appeal against enforcement decisions taken in respect of them in pursuance of sections [F6 260] to 264 and this section [F7 , and

(b) conferring on UK producers a right of appeal against enforcement decisions taken in respect of them in pursuance of section 264A and this section (other than enforcement decisions falling within subsection (5A)).]

[F8 (5A) Provision must be made by regulations for conferring on UK producers a right of appeal against enforcement decisions taken in respect of them in pursuance of section 264A and this section if the enforcement decisions relate to information notices given by virtue of section 264A(5).]

(6) The provision which may be made by virtue of subsection (5) includes any provision which may be made by model provisions with respect to appeals under section 6 of the Deregulation and Contracting Out Act 1994 (c. 40), reading—

(a) the references in subsections (4) and (5) of that section to enforcement action as references to action taken to implement an enforcement decision,

(b) in subsection (5) of that section, the references to interested persons as references to any persons and the reference to any decision to take enforcement action as a reference to any enforcement decision.

(7) In subsections (5) and (6), “enforcement decision” means a decision of the Secretary of State or any other person to—

(a) require a specific manufacturer or supplier [F9 , or other person who is a UK producer,] to provide information to him,

(b) limit, in respect of any specific manufacturer or supplier, any price or profit,

(c) refuse to give his approval to a price increase made by a specific manufacturer or supplier,

(d) require a specific manufacturer or supplier [F10 , or other person who is a UK producer,] to pay any amount (including an amount by way of penalty) to him,

and in this subsection “specific” means specified in the decision.

(8) A requirement or prohibition, or a limit, under sections [F11 260] to [F12 264A], may only be enforced under this section and may not be relied on in any proceedings other than proceedings under this section.

[F13 (8A) Subsection (8) does not apply to any action by the Secretary of State to recover as a debt any amount required to be paid to the Secretary of State by virtue of any of sections 261 to 263 or this section.]

[F14 (9) Before making any regulations under this section the Secretary of State must consult the industry body and any other body which appears to the Secretary of State appropriate to represent UK producers.]

(10) The Secretary of State may by order increase (or further increase) either of the sums mentioned in subsection (2).

[F15 (11) In this section “UK producer” is to be read in accordance with section 264A.]

Textual Amendments

F1 Words in s. 265(1) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 7(5)(a), 12(3); S.I. 2017/809, reg. 2(f)

F2 Word in s. 265(1) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(8), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F3 Words in s. 265(4) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 6(3)(a), 12(3); S.I. 2017/809, reg. 2(e)

F4 Word in s. 265(4) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 6(3)(b), 12(3); S.I. 2017/809, reg. 2(e)

F5 S. 265(5)(a): words in s. 265(5) renumbered as s. 265(5)(a) (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(9)(a), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F6 Word in s. 265(5)(a) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 7(5)(b), 12(3); S.I. 2017/809, reg. 2(f)

F7 S. 265(5)(b) and preceding word inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(9)(b), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F8 S. 265(5A) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(10), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F9 Words in s. 265(7)(a) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(11), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F10 Words in s. 265(7)(d) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(11), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F11 Word in s. 265(8) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 7(5)(c), 12(3); S.I. 2017/809, reg. 2(f)

F12 Word in s. 265(8) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(12), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F13 S. 265(8A) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 6(4), 12(3); S.I. 2017/809, reg. 2(e)

F14 S. 265(9) substituted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(13), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

F15 S. 265(11) inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 10(14), 12(3); S.I. 2017/809, reg. 2(h) (with reg. 3)

Commencement Information

I1 S. 265(10) in force at 7.8.2017 immediately after 1999 c. 8, s. 37(10) comes into force by S.I. 2017/810, art. 2(c)