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.