Digital Markets, Competition and Consumers Act 2024 (c. 13)

Schedules

Schedule 22 Excluded contracts

Medical prescriptions etc.

4 (1) A contract for the supply of goods, services or digital content by a health care professional or a person included in a relevant list in circumstances where—

(a) the supply of goods, services or digital content is under arrangements for the supply of services as part of the health service, and

(b) the goods, services or digital content are, at least in some circumstances, supplied under such arrangements free of charge or on prescription.

(2) In sub-paragraph (1)—

• “health care professional” means a member of a profession which is regulated by—

  (a)

  a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 but as if subsection (3A) of that section were omitted;

  (b)

  Social Care Wales;

  (c)

  the Scottish Social Services Council;

  (d)

  the Northern Ireland Social Care Council;

• “health service” means the health service or system of health care continued under—

  (a)

  section 1(1) of the National Health Service Act 2006;

  (b)

  section 1(1) of the National Health Service (Wales) Act 2006;

  (c)

  section 1(1) of the National Health Service (Scotland) Act 1978;

  (d)

  section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

• “relevant list” means—

  (a)

  in relation to arrangements which are part of the health service in England—

  (i)

  a relevant list for the purposes of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 (S.I. 2013/349) (see regulation 2(1));

  (ii)

  a list maintained under those Regulations;

  (b)

  in relation to arrangements which are part of the health service in Wales—

  (i)

  a relevant list for the purposes of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I 2020/1073 (W. 241);

  (ii)

  a list maintained under those Regulations;

  (c)

  in relation to arrangements which are part of the health service in Scotland—

  (i)

  the pharmaceutical list prepared under regulation 5 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (S.S.I. 2009/183);

  (ii)

  the provisional pharmaceutical list prepared under regulation 8 of those Regulations;

  (iii)

  the primary medical services performers list prepared under regulation 4 of the National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004 (S.S.I. 2004/114);

  (iv)

  the dental list prepared under regulation 4 of the National Health Service (General Dental Services) (Scotland) Regulations (S.S.I 2010/208);

  (d)

  in relation to arrangements which are part of the health service in Northern Ireland, the pharmaceutical list prepared under regulation 6 of the Pharmaceutical Services Regulations (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 381).