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Statutory Instrument 2001 No. 3798 The Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001
© Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001, ISBN 0 11 039009 1. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
"group of companies" means a holding company and its subsidiary or, where it has more than one subsidiary, each of them and in this definition "subsidiary" has the same meaning as in section 736(1) of the Companies Act 1985[3];
"the list of specified generic medicines" means the list of medicines which was published on 20th November 2001 on the internet at http://www.doh.gov.uk/generics/medicines.htm by the Department of Health[4];
"marketing authorisation" means a marketing authorisation for a medicinal product for human use granted -
(a) by the competent authorities of the United Kingdom in accordance with Council Directive 65/65/EEC of 26th January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products[5]; or
"presentation" means a particular form of a medicine which may be distinguished from other forms of that medicine by reference to pack size;
"specified generic health service medicine" means a health service medicine which -
(a) is included in the list of specific generic medicines notwithstanding the addition of a manufacturer's or supplier's name or trade mark; but
"supply" means supply by way of sale to a person lawfully conducting a retail pharmacy business or to a registered medical practitioner, in order to enable that person or practitioner (as the case may be) to provide pharmaceutical services within the meaning of -
(a) section 41 of the National Health Service Act 1977[7] in England or Wales; (2) A health service medicine is supplied on the date on which a contract for its sale for health service use is concluded. (a) holds either a wholesale dealer's licence within the meaning of section 8(3) of the Medicines Act 1968[10] or a marketing authorisation in respect of those specified generic health service medicines; and (2) Any holder of a marketing authorisation to whom this regulation applies shall, to the extent that the information is available to him, by 31st January 2002 provide to the Secretary of State the following information in respect of each specified generic health service medicine which was manufactured in accordance with his marketing authorisation during the year ended 31st December 2000 - (a) the number of packs of each presentation sold by way of wholesale or supplied to persons lawfully conducting pharmacy businesses and dispensing doctors, and for the period of 12 months which ended on 31st August 2001. (a) supplied to persons lawfully conducting pharmacy businesses and dispensing doctors, or together with information on the receipts from the supplies and sales of each presentation identified separately in respect of receipts from supplies to persons conducting pharmacy businesses, supplies to dispensing doctors and sales by way of wholesale dealing for the period of 12 months which ended on 31st August 2001. (a) in writing, or addressed to the manufacturer or supplier in question and it shall state the amount of the penalty calculated up to the date of the demand and the period within which it shall be paid. 1. The daily penalty payable by a manufacturer or supplier who contravenes regulation 3 shall be calculated by reference to - (a) the entry in column (1) of the following table within which the total value of his sales for the health services falls;
These Regulations, which apply to the United Kingdom, require the provision of information in relation to the price of specified generic medicines which are supplied for the purposes of the health services in England and Wales, Scotland and Northern Ireland (see the definition of "health service" in section 38(6) of the Health Act 1999). The definitions in regulation 2 restrict the application of the Regulations. The Regulations apply only to information on medicines specified in the list of medicines which is published on the web site at http://www.doh.gov.uk/generics/medicines.htm. Printed copies of the list are available from the Department of Health, Room 130, Richmond House, 79 Whitehall, London SW1A 2NS. Regulation 2 also contains other definitions. Regulation 3 requires the provision to the Secretary of State of information on the volume and value of sales by way of wholesale and of supplies to doctors and pharmacists of generic health service medicines. Provision is also made for the recovery of penalties where there is a failure to provide information under regulation 3 (regulation 4 and the Schedule) and for appeals (regulation 5). A Regulatory Impact Assessment has been prepared and copies may be obtained from the Department of Health, Room 130, Richmond House, 79 Whitehall, London SW1A 2NS. A copy has also been placed in the Library of each of the Houses of Parliament. Notes: [2] National Health Service Act 1977 c. 49, section 126(4) is applied in relation to powers conferred by the Health Act 1999 by section 62(4) of that Act.back [3] 1985 c. 6, section 736 was substituted by the Companies Act 1989 (c. 40), section 144(1).back [4] Copies printed from the internet may be obtained from Room 130, Richmond House, 79 Whitehall, London SW1A 2NS.back [5] OJ No. L 22, 9.2.1965, p. 369 amended by Directives 66/454/EEC, 75/319/EEC, 83/570/EEC, 87/21/EEC, 89/341/EEC, 89/342/EEC, 89/343/EEC, 92/27/EEC, 92/73/EEC and 93/39/EEC.back [6] OJ No. L 215, 24.8.1993, p. 1.back [7] 1977 c. 49: section 41 was amended by the Health Services Act 1980 (c. 53), sections 1 and 20(1) and Schedule 1, paragraph 53 and Schedule 7; S.I. 1985/39; the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 18(1) and Schedule 10; the Medicinal Products: Presciption by Nurses etc. Act 1992 (c. 28), section 2; the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 29: and the National Health Service (Primary Care) Act 1997 (c. 46), section 41(10) and Schedule 2, paragraph 13. As regards Wales, the functions of the Secretary of State under section 41 were transferred to the National Assembly for Wales under S.I. 1999/672 as amended by the Health Act 1999 (c. 8), section 66.back [8] 1978 c. 29; section 27 was amended by the Health Services Act 1980 (c. 53), section 20(2); the National Health Service (Amendment) Act 1986 (c. 66), section 3(3); S.I. 1987/2202; the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(7); the Medicinal Products: Prescription by Nurses etc Act 1992 (c. 28), section 3 and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 44; and is to be read as one with the Health and Medicines Act 1988 (c. 49). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).back [9] 1972 N.I. 11; amended by S.I. 1997/1177 (N.I. 7).back [10] 1968 c. 67 to which there are no relevant amendments.back [11] See S.I. 2000/124 and 870.back
ISBN 0 11 039009 1
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