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.”