- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Health Service Products (Provision and Disclosure of Information) Regulations 2018, Paragraph 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) The daily penalty payable by a UK producer who is not a small producer is—
(a)the column 2 amount per day for—
(i)the day on which the contravention occurs, and
(ii)each of the next following 13 days on which the contravention continues;
(b)the column 3 amount per day for the fifteenth and each subsequent day on which the contravention continues.
(2) In this paragraph—
“column 2 amount”, in relation to a producer, means the amount specified in column 2 of the Table which corresponds to the relevant financial threshold;
“column 3 amount”, in relation to a producer, means the amount specified in column 3 of the Table which corresponds to the relevant financial threshold;
“relevant financial threshold”, in relation to a producer, means the financial threshold specified in column 1 of the Table into which the producer's relevant income falls.
(3) For the purposes of this paragraph, a producer's relevant income is—
(a)the producer's net NHS wholesale income in the relevant financial year, if—
(i)the producer is a primary medical services provider,
(ii)the producer is a Health Service chemist and—
(aa)is also a medicines wholesaler or a medical supplies wholesaler, and
(bb)in the relevant financial year, is paid pharmaceutical services remuneration of an amount less than the producer's net NHS wholesale income in that year, or
(iii)the producer is an NHS hospital purchaser and—
(aa)is also a medicines wholesaler or a medical supplies wholesaler, and
(bb)in the relevant financial year, has net NHS expenditure of an amount less than the producer's net NHS wholesale income;
(b)the producer's pharmaceutical services remuneration in the relevant financial year, if the producer is a Health Service chemist and either—
(i)is not a medicines wholesaler or a medical supplies wholesaler, or
(ii)is a medicines wholesaler or a medical supplies wholesaler with net NHS wholesale income in the relevant financial year which is equal to or less than the amount the producer is paid as pharmaceutical service remuneration in that year;
(c)the producer's net NHS expenditure in the relevant financial year, if the producer is an NHS hospital purchaser and either—
(i)is not a medicines wholesaler or a medical supplies wholesaler, or
(ii)is a medicines wholesaler or a medical supplies wholesaler with net NHS wholesale income in the relevant financial year which is equal to or less than the producer's net NHS expenditure in that year;
(d)the producer's net NHS sales income in the relevant financial year, if the producer is not a UK primary medical services provider, a UK NHS chemist or an NHS hospital purchaser.
(4) But where the Secretary of State cannot reasonably determine a producer's net NHS sales income for the relevant financial year, the producer's relevant income for that year is the producer's total UK sales for that year.
(5) For the purposes of sub-paragraph (4), a producer's total UK sales are the total sales in the United Kingdom as shown in—
(a)the producer's statutory audited accounts for the relevant financial year, or
(b)if the producer does not have those accounts, the producer's individual accounts for the most recent complete financial year.
(6) In this paragraph—
“individual accounts” means accounts prepared in accordance with section 394 of the Companies Act 2006;
“statutory audited accounts”—
in relation to a producer whose individual accounts are required to be audited in accordance with Part 16 of the Companies Act 2006, means the producer's individual accounts audited in accordance with that Part;
in relation to a producer whose individual accounts are exempt under section 477 of the Companies Act 2006 from audit under Part 16 of that Act, means the producer's individual accounts;
in relation to a producer whose accounts individual accounts are exempt under section 479A of the Companies Act 2006 from audit under Part 16 of that Act, means the consolidated accounts of the parent undertaking on the same group as the producer (see section 479A(2)(a) of that Act).
Column 1 – financial threshold | Column 2 – daily penalty: first 14 days | Column 3 – daily penalty: fifteenth and subsequent days |
---|---|---|
more than £5,000,000 but less than £20,000,000 | £500 | £1,000 |
£20,000,000 or more but less than £50,000,000 | £1,000 | £2,000 |
£50,000,000 or more but less than £100,000,000 | £2,500 | £5,000 |
£100,000,000 or more | £5,000 | £10,000 |
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: