Section 7 — Control of maximum price of other medical supplies

(1) The National Health Service Act 2006 is amended as follows.

(2) Section 260 (control of maximum price of medical supplies, other than health service medicines) is amended in accordance with subsections (3) and (4).

(3) In subsection (1) for “this Act” substitute “ the health service ”.

(4) After subsection (1) insert— (1A) Before making an order under subsection (1) the Secretary of State must consult any body which appears to the Secretary of State appropriate to represent persons who manufacture, distribute or supply medical supplies falling within subsection (1).

(5) In section 265 (enforcement)—

(a) in subsection (1) for “regulations or directions under sections 261” substitute “ orders, regulations or directions under sections 260 ”,

(b) in subsection (5) for “261” substitute “ 260 ”, and

(c) in subsection (8) for “261” substitute “ 260 ”.

(6) In section 266(6) (interpretation) for “261” substitute “ 260 ”.

(7) In section 272(6) (orders, regulations, rules and directions subject to affirmative procedure), after paragraph (a) insert— (aa) the first order under section 260,.

(8) In section 278(3) (provisions which extend to Scotland and Northern Ireland) for “261” substitute “ 260 ”.

(9) In Schedule 22 (which makes further provision in relation to section 260) omit paragraph 1 (which specifies provision which may be made by an order under section 260).