Part 4: Supplementary and final provisions Section 10: Consequential amendments Section 260 and Schedule 22
Section 260 of the NHS Act 2006 enables the Secretary of State to make an order to provide for the control of maximum prices to be charged for any medical supplies other than health service medicines which are required for the purposes of the NHS Act 2006. Schedule 22 used to make further provision in relation to section 260 of the NHS Act 2006.
	Subsection (3) of section 10 of the Act omits reference to ‘undertakings’ from section 260. This definition is no longer accurate for the purposes of defining the persons that may be affected by section 260.
	Subsection (3)(b)(i) of section 10 of the Act in relation to section 260 of the NHS Act 2006, and subsection (15) of section 10 of the Act in relation to section 271 (Territorial limit of exercise of functions) of the NHS Act 2006 omits reference to Schedule 22. This is because paragraph 1 of Schedule 22 is omitted by subsection (9) of section 7 of the Act (as referred to in the description of section 7 above) and the remaining paragraphs of Schedule 22 by subsection (18) of section 10. Paragraphs 2 to 11 of Schedule 22 provided further detail as to the delivery or service of documents where required for the purposes of section 260, the territorial extent of section 260, the restrictions on disclosing information, the criminal offences committed by corporations under section 260 or Schedule 22, the circumstances in which documents must be produced and the penalties for offences. The enforcement provisions in Schedule 22 are inconsistent with the enforcement provisions in section 265 of the NHS Act 2006 which relate to the control of the cost of health service medicines. The other provisions in Schedule 22, which are not related directly to enforcement, are unnecessary for the purpose of exercising the powers in section 260.
	Subsection (9) of section 10 of the Act, amends section 265(5) of the NHS Act 2006 so that provisions can be made by way of regulations for conferring on manufacturers and suppliers a right of appeal where an enforcement decision has been made in respect of section 260. Subsection (9) requires that regulations are made for conferring on UK producers a right of appeal if an information notice has been given.
	Section 260 and Schedule 22 of the NHS Act 2006 do not currently extend to Scotland. Instead, section 49 and Schedule 10 of the NHS (Scotland) Act are drafted in the same terms as section 260 and schedule 22 of the NHS Act 2006 and extend to Scotland. As section 7 of the Act would extend the territorial extent of section 260 and Schedule 22 of the NHS Act 2006 to Scotland, there would be a duplication in the same provisions in the NHS Act 2006 and the NHS (Scotland) Act. Therefore, subsection (1) of section 10 makes a consequential amendment so as to omit section 49 and schedule 10 from the NHS (Scotland) Act.