National Health Service Act 2006

Changes to legislation:

National Health Service Act 2006, Section 265 is up to date with all changes known to be in force on or before 08 November 2024. 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

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3B(1)(aa) inserted by 2022 c. 31 Sch. 3 para. 2(b)
s. 3B(1)(za) inserted by 2022 c. 31 Sch. 3 para. 2(a)
s. 13G(4) words omitted by virtue of 2012 c. 7, Sch. 14 para. 4A (as inserted) by 2014 c. 23 s. 120(18)(a)
s. 35(3A)(3B) inserted by 2012 c. 7 s. 159(4)
s. 35(3A) words substituted by 2022 c. 31 Sch. 5 para. 12(4) (This amendment not applied to legislation.gov.uk. The insertion of s. 35(3A) by 2012 c. 7 s.159(4) not yet in force.)
s. 40(4)-(4B) substituted for s. 40(4) by 2012 c. 7 Sch. 14 para. 5
s. 42(1A) inserted by 2012 c. 7 Sch. 14 para. 6
s. 65F(2A)-(2F) inserted by 2012 c. 7 Sch. 14 para. 15(4) (This amendment is itself amended before it comes into force by 2014 c. 23, ss. 85(15), 120(18)(b)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)(c))
s. 65H(10A) inserted by 2012 c. 7 Sch. 14 para. 17(4)
s. 65H(10A) omitted by 2022 c. 31 Sch. 8 para. 7(7) (This amendment not applied to legislation.gov.uk. 2012 c. 7 Sch. 14 revoked at 1.7.2022 by 2022 c. 31, s. 186(6), Sch. 7 para. 13 before the insertion of s. 65H(10A) could come into effect.)
s. 82A-83A and cross-heading substituted for s. 83 and cross-heading by 2022 c. 31 Sch. 3 para. 3
s. 84(4)-(4B) substituted for s. 84(4) by 2022 c. 31 Sch. 3 para. 4(4)
s. 92(5A) inserted by 2022 c. 31 Sch. 3 para. 9(4)
s. 94(3)(ca)(cb) substituted for s. 94(3)(ca) by 2022 c. 31 Sch. 3 para. 11(3)
s. 98A 98B substituted for s. 98A by 2022 c. 31 Sch. 3 para. 14
s. 98BC-99B and cross-heading substituted for s. 99 and cross-heading by 2022 c. 31 Sch. 3 para. 15
s. 100(3A)(3B) inserted by 2022 c. 31 Sch. 3 para. 16(4)
s. 109(3)(ca)(cb) substituted for s. 109(3)(ca) by 2022 c. 31 Sch. 3 para. 23(3)
s. 112(1)(za) inserted by 2022 c. 31 Sch. 3 para. 24(2)(b)
s. 114A 114B substituted for s. 114A by 2022 c. 31 Sch. 3 para. 26
s. 114C and cross-heading inserted by 2022 c. 31 Sch. 3 para. 27
s. 116A 116B and cross-heading inserted by 2022 c. 31 Sch. 3 para. 30
s. 117(4)(4A) substituted for s. 117(4) by 2022 c. 31 Sch. 3 para. 31(4)
s. 125A 125B substituted for s. 125A by 2022 c. 31 Sch. 3 para. 39
s. 223C(1)(c)(d) inserted by 2022 c. 31 s. 28
s. 223LA inserted by 2022 c. 31 s. 30(3)
Sch. 15 para. 4(1)(b) and word omitted by 2012 c. 7 Sch. 14 para. 39(3)

265EnforcementU.K.

(1)Regulations may provide for a person who contravenes any provision of [F1orders, regulations or directions under sections 260] to [F2264A] 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) [F3or (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 [F6260] 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 [F11260] to [F12264A], 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

F1Words 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)

F2Word 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)

F3Words 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)

F4Word 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)

F5S. 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)

F6Word 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)

F7S. 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)

F8S. 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)

F9Words 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)