Statutory Instruments
2020 No. 258
National Health Service, England And Wales
National Health Service, Scotland
Health And Personal Social Services, Northern Ireland
The Branded Health Service Medicines (Costs) (Amendment) Regulations 2020
Made
9th March 2020
Laid before Parliament
10th March 2020
Coming into force
1st April 2020
The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 263(1)(c), (2) and (5A), 266(1) and (2), and 272(7) and (8) of the National Health Service Act 2006( 1 ) and in accordance with section 266(4A) of that Act.
The Secretary of State has consulted in accordance with sections 263(1) and (1A) of that Act.
Citation and Commencement
1. These Regulations may be cited as the Branded Health Service Medicines (Costs) (Amendment) Regulations 2020 and come into force on 1st April 2020.
Amendment of the Branded Health Service Medicines (Costs) Regulations 2018
2. —(1)The Branded Health Service Medicines (Costs) Regulations 2018( 2 ) are amended as follows.
(2) In regulation 3 (payment scheme)—
(a) in paragraph (1)—
(i) for “paragraphs (4) and (5A)” substitute “paragraphs (1B), (4) and (5A)”; and
(ii) in paragraph (1), for the table substitute the following table—
“ Table
| Applicable Period | Payment Percentage |
|---|---|
| 1st April 2020 to the end of 2020 | 7.4% |
| 2021 and any subsequent calendar year | 10.9% ” |
(b) after paragraph (1A), insert the following paragraphs—
“ (1B) Where paragraph (1C) applies, the payment percentage referred to in paragraph (1) for the period beginning on 1st April 2020 to the end of 2020 is 5.0% and not 7.4%.
(1C) This paragraph applies in the case of all the payments payable under paragraph (1) by a manufacturer or supplier, in respect of supplies during the period beginning on 1st April 2020 to the end of 2020 if, in respect of any supply of an item of presentation of that manufacturer or supplier—
(a) a payment was payable under paragraph (1) in respect of that supply during the period beginning on 1st January 2020 and ending at the end of 31st March 2020; and
(b) the applicable payment percentage was 14.7%. ” .
(3) In regulation 4 (direction to make a payment)—
(a) in paragraph (2)(b), for “regulation 3(1) or (5A)” substitute “regulation 3(1), (1B) or (5A)”; and
(b) in paragraph (3)(c), for “regulation 3(1) or (5A)” substitute “regulation 3(1), (1B) or (5A)”.
Matt Hancock
Secretary of State,
Department of Health and Social Care
9th March 2020
2006 c. 41 ; section 263 was amended by the Health Service Medical Supplies (Costs) Act 2017 (c.23) (“the 2017 Act”), section 5 and 10(5). Section 266 was amended by the 2017 Act, section 6(5) to (9) and 7(6). See section 275(1) of the National Health Service Act 2006 for the definitions of “prescribed” and “regulations” that are relevant to the powers being exercised.
S.I. 2018/345 , as amended by S.I. 2018/1255 ; there is another amending instrument but it is not relevant.