Statutory Instruments
2023 No. 239
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 2023
Made
28th February 2023
Laid before Parliament
2nd March 2023
Coming into force
1st April 2023
The Secretary of State for Health and Social Care makes the following Regulations in exercise of the powers conferred by sections 263(1), 264(3), 266(1) and (4A) and 272(7) and (8) of the National Health Service Act 2006( 1 ).
The Secretary of State has consulted in accordance with section 263(1) and (1A) of that Act.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Branded Health Service Medicines (Costs) (Amendment) Regulations 2023 and come into force on 1st April 2023.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment of regulation 3 of the Branded Health Service Medicines (Costs) Regulations 2018
2. —(1)Regulation 3 (Payment scheme) of The Branded Health Service Medicines (Costs) Regulations 2018( 2 ) is amended as follows.
(2) In paragraph (1), for the table substitute—
“ Table
| Applicable Period | Payment Percentage |
|---|---|
| 1st April 2023 to the end of 2023 | 27.5% |
| 2024 and any subsequent calendar year | 27.5% ” . |
(3) In paragraph (1B)—
(a) for “1st July 2022 to the end of 2022” substitute “1st April 2023 to the end of 2023” ,
(b) for “17.7%” substitute “28.6%” , and
(c) for “14.3%” substitute “27.5%” .
(4) In paragraph (1C)—
(a) for “1st July 2022 to the end of 2022” substitute “1st April 2023 to the end of 2023” ,
(b) in sub-paragraph (a)—
(i) for “1st January 2022” substitute “1st January 2023” , and
(ii) for “30th June 2022” substitute “31st March 2023” , and
(c) in sub-paragraph (b), for “10.9%” substitute “24.4%” .
Signed by the authority of the Secretary of State for Health and Social Care
Will Quince
Minister of State,
Department of Health and Social Care
28th February 2023
2006 c. 41 ; section 263 was amended by the Health Service Medical Supplies (Costs) Act (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 definition of “regulations” that are relevant to the powers being exercised.
S.I 2018/345 ; relevant amending instruments are S.I. 2018/1255 , S.I. 2020/258 and S.I. 2022/593 .