Part 3: Information about medical supplies Section 9: Provision of information to Welsh Ministers and disclosure Section 201A
New section 201A provides Welsh Ministers with the power to make regulations to require a person who provides primary medical services or pharmaceutical services as set out in the NHS (Wales) Act to record and keep information, and to provide that information to the Welsh Ministers.
	Welsh Ministers would not be able to make such regulations unless the information is required for the purpose of enabling or facilitating the determination of the payments or remuneration to be made to those providers of primary medical services or pharmaceutical services for the consideration by the Welsh Ministers of whether adequate supplies of health service products are available, and the terms on which those products are available represent value for money.
	Subsection (3) of new section 201A sets out a non-exhaustive list of the type of information that Welsh Ministers would be able to request. These include-
	the price charged or paid by the provider for health service products;
	the price paid by the provider for delivery or other services in connection with health service products;
	the discounts or rebates or other payments given or received by the provider in connection with the supply of health service products;
	the revenue or profits accrued to the provider in connection with the supply of health service products;
	such information about medicinal products, other medical supplies or other related products as is necessary to verify whether or not they are health service products.
	Subsection (4) of new section 201A provides that the regulations can prescribe the form and manner, and the time within such information must be provided.
	Subsections (5) of new section 201A provides that the regulations may provide for a person who contravenes any of the provisions in the regulations to be liable to a penalty, and subsection (6) sets out the maximum level of penalty which could only be increased by an order (see subsection 9) subject to the affirmative procedure (see subsection 19 of consequential amendments of section 10 of the Act). Subsection (7) provides that the person must have a right of appeal against a decision made by Welsh Ministers to impose a penalty.
	Subsection (8) of new section 201A makes clear that the provision of information does not breach any obligation of confidence owed by the person providing the information and does not breach any other type of restriction that may have been in place on the provision of that information.
	Subsection (10) of new section 201A defines various terms referred to in the section. "Health service products" as referred to in new section 201A of the NHS (Wales) Act are defined as medicinal products used for the purposes of the health service in Wales, and any other medical supplies, or other related products, required for the purposes of that health service. Subsection () also clarifies that "medical supplies" includes surgical, dental and optical materials and equipment and that "equipment" includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle. "Medicinal product" is given the same meaning as that given in legislation regulating medicines. Subsection (10) also clarifies that the term "Part 4 provider" is used to refer to a person who provides primary medical services under Part 4 of the NHS (Wales) Act and "Part 7 provider" is used to refer to a person who provides pharmaceutical services under Part 7 of the NHS (Wales) Act.