Sch 12A para 2
(1) NHS England must determine the elements of pharmaceutical remuneration in respect of which apportionments are to be made in relation to a financial year in accordance with this paragraph. (2) In this Schedule, those elements of pharmaceutical remuneration are referred to as “ designated elements ”. (3) NHS England must notify each integrated care board of a determination under sub-paragraph (1). (4) NHS England must apportion the sums paid by it in respect of each designated element during the financial year among all integrated care boards , in such manner as NHS England thinks appropriate. (5) In apportioning sums under sub-paragraph (4), NHS England may, in particular, take into account the financial consequences of orders for the provision of drugs that are attributable to the members of each integrated care board . (6) Where an amount of pharmaceutical remuneration is apportioned to an integrated care board , NHS England — (a) may deduct that amount from the sums that it would otherwise pay to the board under section 223G(1), and (b) if it does so, must notify the board accordingly. (7) The Secretary of State may direct NHS England that an element of pharmaceutical remuneration specified in the direction is not to be included in a determination under sub-paragraph (1). (8) In determining the amount to be allotted to an integrated care board for the purposes of section 223G, NHS England must take into account the effect of this Schedule. (9) For the purposes of sections 223GC and 223M (1)(b) and paragraph 22 of Schedule 1B, any amount of which an integrated care board is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.