The Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal
An independent tribunal responsible for handling appeals against decisions made by the Secretary of State for Health and Social Care from pharmaceutical companies.
This page holds information on the appeals process for companies wishing to make an appeal against the Department of Health and Social Care (DHSC) in relation to:
- the cost of medicines to the NHS
- the supply of medicines to the NHS
- the use of DHSC powers on medicines, ensuring companies are correctly treated in line with legislation
- the requirements on companies in the pharmaceutical sector and their compliance with legislation
Legislation
The Branded Health Service Medicines (Costs) Regulations 2018 allow DHSC to set a maximum price that may be charged for a supply of a product by statutory scheme members. They also require scheme members to pay DHSC a percentage of sales made to the NHS, as well as supply information on products and on sales (both branded and generic).
The Health Service Medicines (Price Control Penalties and Price Control Appeals Amendment) Regulations 2018 provide the Secretary of State with the power to apply penalties against a company where it has exceeded the maximum price it is allowed to charge the NHS for its medicine.
The Health Service Products (Provision and Disclosure of Information) Regulations 2018 set out the information that UK producers of health service products are required to provide to DHSC.
The Health Service Medicines (Price Control Appeals) Regulations 2000 set out the appeals process where a manufacturer or supplier has a right of appeal as a result of regulations made under the relevant sections of the NHS Act 2006.
Guidance
The guidance sets out:
- the process for pharmaceutical companies to appeal against decisions made by the Secretary of State for Health and Social Care
- how to complete the notice of appeal form (T98)