Supplementary and final provisions
10Consequential amendments
I11
Omit the following provisions of the National Health Service (Scotland) Act 1978—
a
section 49 (control of maximum prices for medical supplies other than health service medicines), and
b
Schedule 10 (additional provisions as to control of maximum prices for medical supplies other than health service medicines).
I12
The National Health Service Act 2006 is amended as follows.
I13
In section 260 (control of maximum price of medical supplies other than health service medicines)—
a
omit subsections (2) to (4), and
b
in subsection (5) omit—
i
“and Schedule 22”, and
ii
the definition of “undertaking” (and the “and” before it).
I14
In section 261 (powers relating to voluntary schemes) omit subsection (7).
I15
In section 263 (statutory schemes)—
a
in subsection (2) for “(3)” substitute “
(4)
”
, and
b
omit subsection (3).
I16
In section 264 (statutory schemes: supplementary) omit subsection (2).
I17
Section 265 (enforcement) is amended in accordance with subsections (8) to (14).
I18
In subsection (1) for “264” substitute “
264A
”
.
I19
In subsection (5)—
a
the words from “conferring” to the end become paragraph (a), and
b
after paragraph (a) insert
, 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)).
I110
After subsection (5) insert—
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).
I111
In subsection (7)(a) and (d) after “supplier” insert “
, or other person who is a UK producer,
”
.
I112
In subsection (8) for “264” substitute “
264A
”
.
I113
For subsection (9) substitute—
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.
I114
After subsection (10) insert—
11
In this section “UK producer” is to be read in accordance with section 264A.
I115
In section 271 (territorial limit of exercise of functions), in subsection (3)(i) omit “and Schedule 22”.
I116
In section 272 (orders, regulations, rules and directions) omit subsection (9).
I117
In section 278 (extent), in subsection (3), after “supplies)” insert “
, and this Part to the extent that it applies to those sections,
”
.
I118
In Schedule 22 (provisions in relation to section 260) omit paragraphs 2 to 11.
19
In section 203(6) of the National Health Service (Wales) Act 2006 (statutory instruments which are subject to affirmative procedure) after “section 25B(3)(c) or” insert “
201A(9) or
”
.