Controlling cost of health service medicines
6Enforcement
1
The National Health Service Act 2006 is amended as follows.
2
Section 265 (enforcement) is amended as follows.
3
In subsection (4)—
a
after “261(8)(b)” insert “or (9)”, and
b
after “section 263(4), (5)” insert “, (5A)”.
4
After subsection (8) insert—
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.
5
Section 266 (controls: supplementary) is amended as follows.
6
In subsection (1) (Secretary of State’s powers exercisable by making regulations or giving directions) for “(8)” substitute “(9)”.
7
In subsection (3) after “section 263(1)” insert “(a) or (b)”.
8
In subsection (4) after “section 263(1)” insert “(a) and (b)”.
9
After subsection (4) insert—
4A
The power under section 263(1)(c) is exercisable only with a view to requiring payments to be made which would be reasonable in all the circumstances, bearing in mind in particular—
a
the need for medicinal products to be available for the health service on reasonable terms, and
b
the costs of research and development.