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4.—(1) A manufacturer or supplier in respect of whom the Secretary of State has made a demand for payment of a penalty issued by way of a notice under regulation 3(2) has by virtue of this paragraph a right of appeal against that demand in accordance with the Health Service Medicines (Price Control Appeal) Regulations 2000(1).
(2) If a manufacturer or supplier sends a notice of an appeal to the Tribunal in accordance with regulation 4 of the Health Service Medicines (Price Control Appeal) Regulations 2000 (time for and manner of making an appeal), in respect of a demand issued by way of a notice under regulation 3(2), the period beginning on the date that notice of an appeal is received by the Tribunal to the date on which the appeal is finally determined or is withdrawn (including both dates) is discounted for the purposes of the calculation of the number of days in respect of which the manufacturer or supplier supplies the health service medicine in excess of the limit specified in the direction referred to in regulation 2(1).
S.I. 2000/124 as amended by S.I. 2000/870, 2006/680 and 2007/1898.
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