National Health Service, England PART 1 General Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Licensing and Pricing) Regulations 2013, and come into force on the day after the day on which these Regulations are made. 2 In these Regulations— “the Act” means the Health and Social Care Act 2012; “business year” means— in relation to an NHS foundation trust or an NHS trust, a financial year ; and in relation to any other person who provides health care services for the purposes of the NHS , a period of more than six months in respect of which that person or, if applicable, the business of which it forms part, prepares or is required to prepare accounts; ... PART 2 Licensing Licence modifications 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calculation of turnover for the purposes of section 105(4) of the Act 3 1 For the purposes of section 105(4) of the Act (maximum amount of a variable monetary penalty), the turnover of a person (other than ... an integrated care board ) on whom a variable monetary penalty is imposed (P) is to be the applicable turnover in England— a during the business year preceding the date on which NHS England gives notice of a proposed variable monetary penalty to P under paragraph 1(1) of Schedule 11 to the Act (procedure for discretionary requirements); or b if figures are not available for that business year, the one immediately preceding it. 2 Where the business year preceding the date of the notice is more or less than 12 months, the turnover is to be the applicable turnover in that business year divided by the number of months in that business year and multiplied by 12. 3 Where there is no preceding business year, the turnover is to be the applicable turnover of P for the period of 12 months ending on the last day of the month preceding the month in which the date of the notice falls. 4 Where in the application of paragraph (3) the period for which P has applicable turnover is less than 12 months, the turnover is to be the applicable turnover in that period divided by the number of months in that period and multiplied by 12. 5 Where P’s business consists of two or more parts that each prepare accounts, the applicable turnover shall be calculated by adding together the applicable turnover of each of those parts, save that no account shall be taken of any turnover resulting from the supply of services by one part to the other. 6 In this regulation— “applicable turnover” means the amounts, calculated in conformity with accounting practices and principles which are generally accepted in England, which are derived by P from the provision of health care services for the purposes of the NHS (whether or not a licence is required to provide such services), after deduction of trade discounts, value added tax and other taxes based on such amounts. Calculation of turnover for the purposes of section 105(4) of the Act: ... integrated care boards 4 1 For the purposes of section 105(4) of the Act, the turnover ... of an integrated care board is to be the revenue resource use by ... the integrated care board — a during the financial year preceding the date on which NHS England gives notice of a proposed variable monetary penalty to ... that integrated care board ... under paragraph 1(1) of Schedule 11 to the Act (procedure for discretionary requirements); or b if figures are not available for that financial year, the one immediately preceding it. 2 Where the period during the preceding financial year for which ... an integrated care board has revenue resource use is less than 12 months, the turnover is to be the revenue resource use in that period divided by the number of months in that period and multiplied by 12. 3 Where there is no preceding financial year for an integrated care board , the turnover is to be the revenue resource use of the integrated care board in the relevant period, divided by the number of months in that period and multiplied by 12. 4 In this regulation— “relevant period” means the period in the financial year in which the date of the notice falls ending on the last day of the month preceding the month in which that date falls; “ revenue resource use ” means the local revenue resource use of an integrated care board which is attributable to matters specified in a direction given to the integrated care board under section 223N(1) of the National Health Service Act 2006 PART 3 Pricing Consultation on the proposed national tariff 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “relevant provider” 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by authority of the Secretary of State for Health. Anna Soubry Parliamentary Under-Secretary of State, Department of Health 4th September 2013