Statutory Instruments
2002 No. 618
CONSUMER PROTECTION
The Medical Devices Regulations 2002cross-notes
Made
20th May 2002
Laid before Parliament
21st May 2002
Coming into force
13th June 2002
M1,M2,M3,M4 The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to medical devices, in exercise of the powers conferred by the said section 2(2), in exercise, with the consent of the Treasury, of the powers conferred by section 56(1) and (2) of the Finance Act 1973, in exercise of the powers conferred by sections 11 and 27(2) of the Consumer Protection Act 1987, and in exercise of all other powers enabling him in that behalf, after consultation in accordance with section 11(5) of the Consumer Protection Act 1987 with organisations appearing to him to be representative of interests substantially affected by these Regulations, with such other persons considered by him appropriate and with the Health and Safety Commission, hereby makes the following Regulations:β
PART IIntroductory Provisions Relating to all Medical Devices
Citation and commencement
1. These Regulations may be cited as the Medical Devices Regulations 2002 and shall come into force 13th June 2002.
Expiry of certain provisions in these Regulations
[F11ZA.β(1)Subject to paragraph (3), regulations 19B and 30A cease to have effect at 23:59 on 30 June 2028.
(2)Subject to paragraph (3), regulations 19C, 44ZA and 44ZB cease to have effect at 23:59 on 30 June 2030.
(3)The following cease to have effect at 23:59 on 30 June 2023β
(a)regulation 19B(4), (5), (8) and (9);
(b)regulation 19C(8) and (9);
(c)regulation 30A(4) to (7);
(d)regulation 44ZA(4) and (5);
(e)regulation 44ZB(4) and (5).F1]
[F2Schedules
1A.Schedules 2 and 2A have effect.F2]
InterpretationE1
F3,F42.β(1) ... In these Regulations ...β
F5...
βactive implantable medical deviceβ means a medical device whichβ
(a)relies for its functioning on a source of electrical energy or a source of power other than that generated directly by the human body or by gravity; and
(b)is intended to be totally or partially introduced into the human body (whether surgically or medically, including being introduced into a natural orifice) and which is intended to remain in the human body after completion of the surgical or medical procedure during which it is introduced,
even if it is intended to administer a medicinal product or incorporates as an integral part a substance which, if used separately, would be a medicinal product;
F6...
[F7βapproved bodyβ is to be construed in accordance with regulation A45;F7]
F8...
F9...
βCE markingβ means a conformity marking consisting of the initials βCEβ;
F10...
[F11βclinical dataβ means the safety or performance information that is generated from the use of a device, derived fromβ
(a)clinical investigations of the device concerned; or
(b)clinical investigations or other studies reported in scientific literature of a similar device for which equivalence to the device in question can be demonstrated; or
(c)published or unpublished reports on other clinical experiences of either the device in question or a similar device for which equivalence to the device in question can be demonstrated;F11]
[F12β β means an in vitro diagnostic medical device for the detection of the presence of a viral antigen or viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);F12]
[F13βdesignated standardβ has the meaning given in regulation 3A;F13]
βdevice for performance evaluationβ means a product which is intended by its manufacturer to be subject to one or more performance evaluation studies in laboratories for medical analysis or in other appropriate environments outside his own premises;
[F14βDirective 90/385β means Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of Member States relating to active implantable devices [F15as it had effect immediately before IP completion dayF15];F14]
[F16βDirective 93/42β means Council Directive 93/42/EEC of 14 June 1993 concerning medical devices[F17as it had effect immediately before IP completion dayF17];F16]
[F18βDirective 98/79β means Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in-vitro diagnostic medical devices[F19as it had effect immediately before IP completion dayF19];F18]
F20...
[F21βDirective 2003/12β means Commission Directive 2003/12 of 3rd February 2003 on the reclassification of breast implants in the framework of Directive 93/42/EEC concerning medical devices;F21]
F22...
[F23βDirective 2005/50β means Commission Directive 2005/50/EC of 11 August 2005 on the reclassification of hip, knee and shoulder joint replacements in the framework of Council Directive 93/42/EEC concerning medical devices;F23]
[F24βDirective 2007/47β means Directive 2007/47/EC of the European Parliament and of the Council amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market;F24]
F25...
F26β... CABβ shall be construed in accordance with regulation 48(1);
F27...
F28...
F29...
[F30βhazardβ means a potential source of injury or damage to health;F30]
[F31βhip, knee or shoulder replacementβ means an implantable component part of a total joint replacement system which is intended to provide a function similar to that of either a natural hip joint, a natural knee joint or a natural shoulder joint, other than ancillary components (screws, wedges, plates and instruments);F31]
[F32βintended for clinical investigationβ meansβ
(a)intended for use by a registered medical practitioner when conducting investigations of that device in an adequate human clinical environment; or
(b)intended for use by any other person in [F33Great BritainF33] who, by virtue of their professional qualification, is authorised to carry out investigations of that device in an adequate human clinical environment;F32]
βintended purposeβ meansβ
(a)in relation to an active implantable medical device, the use for which it is intended and for which it is suited according to the data supplied by the manufacturer in the instructions relating to it;
(b)in relation to any other medical device, the use to which the device is intended according to the data supplied by the manufacturer on the labelling, the instructions for use and/or the promotional materials;
βin vitro diagnostic medical deviceβ means a medical device whichβ
(a)is a reagent, reagent product, calibrator, control material, kit, instrument, apparatus, equipment or system, whether used alone or in combination; and
(b)is intended by the manufacturer to be usedin vitro for the examination of specimens, including blood and tissue donations, derived from the human body, solely or principally for the purpose of providing informationβ
(i)concerning a physiological or pathological state,
(ii)concerning a congenital abnormality,
(iii)to determine the safety and compatibility of donations, including blood and tissue donations, with potential recipients, or
(iv)to monitor therapeutic measures,
and includes a specimen receptacle but not a product for general laboratory use, unless that product, in view of its characteristics, is specifically intended by its manufacturer to be used forin vitro diagnostic examination;
[F34βmachineryβ has the meaning given to it by [F35regulation 4 of the Supply of Machinery (Safety) Regulations 2008F35];F34]
βmanufacturerβ meansβ
(a)the person with responsibility for the design, manufacture, packaging and labelling of a device before it is placed on the market under his own name, regardless of whether these operations are carried out by that person himself or on his behalf by a third party; or
(b)any other person who assembles, packages, processes, fully refurbishes or labels one or more ready-made products or assigns to them their intended purpose as a device with a view to their being placed on the market under his own name, apart from a person who assembles or adapts devices already on the market to their intended purpose for an individual patient;
βmedical deviceβ means [F36any instrument, apparatus, appliance, software, material or other article, whether used alone or in combination, together with any accessories, including the software intended by its manufacturer to be used specifically for diagnosis or therapeutic purposes or both and necessary for its proper application,F36] whichβ
(a)is intended by the manufacturer to be used for human beings for the purpose of-
(i)diagnosis, prevention, monitoring, treatment or alleviation of disease,
(ii)diagnosis, monitoring, treatment, alleviation of or compensation for an injury or handicap,
(iii)investigation, replacement or modification of the anatomy or of a physiological process, or
(iv)control of conception; and
(b)does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means,
and includes devices intended to administer a medicinal product or which incorporate as an integral part a substance which, if used separately, would be a medicinal product and which is liable to act upon the body with action ancillary to that of the device;
βthe Medical Devices Directivesβ means Directive 90/385, Directive 93/42, [F37both read with Regulation (EU) No 207/2012 and Regulation (EU) No 722/2012F37] and Directive 98/79;
F38...
βmedicinal productβ has the meaning given in [F39regulation 2(1) of the Human Medicines Regulations 2012F39] ;
[F40βmutual recognition agreementβ means an agreement thatβ
(a)is between the United Kingdom and a country listed in Schedule 2, and
(b)covers matters including the conditions under which the United Kingdom and [F41that countryF41] will accept or recognise the results of conformity assessment procedures undertaken by the each other's designated bodies;F40]
F42...
F43...
F44...
βplacing on the marketβ means, in relation to a medical device, the first making available in return for payment or free of charge of a new or fully refurbished device, other than a device intended for clinical investigation, with a view to distribution, use, or both, on the [F45Great BritainF45] market [F46and related expressions must be construed accordinglyF46] ;
βputting into serviceβ meansβ
(a)in relation to an active implantable medical device, the making available of the device to a registered medical practitioner for implantation;
(b)in relation to any other medical device, the first making available of the device in [F47Great BritainF47] to a final user, including where a device is used in a professional context for the purposes of medical analysis without being marketed;
[F48βRegulation (EU) No 207/2012β means Commission Regulation (EU) No 207/2012 of 9 March 2012 on electronic instructions for use of medical devices;[F49(as retained under section 3 of the European Union Withdrawal Act 2018 and modified under section 8 of that Act)F49]
βRegulation (EU) No 722/2012β means Commission Regulation (EU) No 722/2012 of 8 August 2012 concerning particular requirements as regards the requirements laid down in Council Directives 90/385/EEC and 93/42/EEC with respect to active implantable medical devices and medical devices manufactured utilising tissues of animal origin; [F50(as retained under section 3 of the European Union Withdrawal Act 2018 and modified under section 8 of that Act)F50,F48]]
[F51βRegulation (EU) 2017/745β means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;F51]
[F51βRegulation (EU) 2017/746β means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;F51]
[F52βRegulation (EU) 2022/1107β means Commission Implementing Regulation (EU) 2022/1107 of 4 July 2022 laying down common specifications for certain class D in vitro diagnostic medical devices in accordance with Regulation (EU) 2017/746 of the European Parliament and of the Council;F52]
βrelevant essential requirementsβ, in relation to a medical device, means the essential requirements set out in Annex 1 of Directive 90/385, Annex I of Directive 93/42 or Annex I of Directive 98/79 which apply to it, but not including, in the case of a device intended for clinical investigation, such of those requirements, or aspects of them, as are the subject of the investigation;
βspecimen receptacleβ means a medical device which (whether vacuum-type or not) is specifically intended by its manufacturer to be used for the primary containment and preservation of specimens derived from the human body for the purpose ofin vitro diagnostic examination;
βstable derivatives deviceβ means a medical device that contains human blood, blood products, plasma or blood cells of human origin, and which incorporates, as an integral part, a substance whichβ
(a)if used separately, may be considered to be a medicinal product constituent or a medicinal product derived from human blood or human plasma within the meaning of [F53regulation 2(2) of the Human Medicines Regulations 2012F53] ; and
(b)is liable to act upon the human body with action ancillary to that of the device;
[F54βstatistical reviewβ means a review of the statistical sections of the written notice which a manufacturer or their UK responsible person submits to the Secretary of State pursuant to regulation 16(1) or 29(1) in respect of an intended clinical investigation of a relevant device;F54]
βsupplyβ, in relation to a medical device, meansβ
(a)the supply of, or the offer or agreement to supply, the device; or
(b)the exposure or possession for supply of the device;
[F55βthird country conformity assessment bodyβ means a body established in a country which is listed in Schedule 2 and designated in accordance with a relevant mutual recognition agreement to carry out conformity assessment procedures for the purposes of these Regulations;F55]
F56...
[F57βUK markingβ has the meaning given in Article 2(22) of Regulation (EC) No 765/2008;F57] and
F58...
[F59βUK responsible personβ means a person established in any part of the United Kingdom who acts on behalf of a manufacturer established outside the United Kingdom in relation to specified tasks with regard to the manufacturer's obligations under these regulations.F59]
[F60(1A)In these Regulations, any reference to Annexes 1 to 7 to Directive 90/385, Annexes I to X to Directive 93/42 or Annex I to X to Directive 98/79 is to be construed as a reference to those Annexes [F61as they applied immediately before IP completion day and as modified by Schedule 2A.F61,F60]]
[F62(1B)In these Regulations, any reference to Annex 1 to Directive 90/385 or to Annex I to Directive 93/42 is to that Annex read with Regulation (EU) No 207/2012.F62]
(2) In these Regulations, unless the context otherwise requires, a referenceβ
(a)to a numbered regulation, Part or Schedule is to the regulation or Part of, or the Schedule to, these Regulations bearing that number;
(b)in a regulation to a numbered or lettered paragraph is to the paragraph of that regulation bearing that number or letter; and
(c)in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
InterpretationE49
F5422.β(1) In these Regulations...β
F5...
βactive implantable medical deviceβ means a medical device whichβ
(a)relies for its functioning on a source of electrical energy or a source of power other than that generated directly by the human body or by gravity; and
(b)is intended to be totally or partially introduced into the human body (whether surgically or medically, including being introduced into a natural orifice) and which is intended to remain in the human body after completion of the surgical or medical procedure during which it is introduced,
even if it is intended to administer a medicinal product or incorporates as an integral part a substance which, if used separately, would be a medicinal product;
F543...
βAssociation Agreementβ means an Agreement, listed in Schedule 1, establishing an Association between the European Communities and their Member States, on the one part, and another State on the other part (referred to in these Regulations as a βState which is a Party to an Association Agreementβ) on Conformity Assessment and Acceptance of Industrial Products;
[F544βauthorised representativeβ means a person established within a relevant state, explicitly designated by the manufacturer who is not a person established in a relevant state, who acts for the manufacturer and may be addressed by authorities and bodies in a relevant state instead of the manufacturer with regard to the latterβs obligation under Directive 90/385, Directive 93/42 and Directive 98/79;F544]
βCE markingβ means a conformity marking consisting of the initials βCEβ;
βthe Communityβ meansβ
(a)in the context of any requirement relating to an in vitro diagnostic medical device, the [F545European UnionF545] ;
(b)in the context of any requirement relating to any other medical device, the European Economic Area;
[F546βclinical dataβ means the safety or performance information that is generated from the use of a device, derived fromβ
(a)clinical investigations of the device concerned; or
(b)clinical investigations or other studies reported in scientific literature of a similar device for which equivalence to the device in question can be demonstrated; or
(c)published or unpublished reports on other clinical experiences of either the device in question or a similar device for which equivalence to the device in question can be demonstrated;F546]
[F12β β means an in vitro diagnostic medical device for the detection of the presence of a viral antigen or viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);F12]
βdevice for performance evaluationβ means a product which is intended by its manufacturer to be subject to one or more performance evaluation studies in laboratories for medical analysis or in other appropriate environments outside his own premises;
[F547βDirective 90/385β means Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of Member States relating to active implantable devices;F547]
[F548βDirective 93/42β means Council Directive 93/42/EEC of 14 June 1993 concerning medical devices;F548]
[F549βDirective 98/79β means Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in-vitro diagnostic medical devices;F549]
βDirective 2001/83β means Directive 2001/83/EC of the European Parliament and of the Council of 6th November 2001 on the Community Code relating to medicinal products for human use F550[F551as amended by Directive 2002/98/EC of the European Parliament and of the Council setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components, Commission Directive 2003/63/EC amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use and Directive 2004/27/EC of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human useF551] ;
[F552βDirective 2003/12β means Commission Directive 2003/12 of 3rd February 2003 on the reclassification of breast implants in the framework of Directive 93/42/EEC concerning medical devices;F552]
F553...
[F554βDirective 2005/50β means Commission Directive 2005/50/EC of 11 August 2005 on the reclassification of hip, knee and shoulder joint replacements in the framework of Council Directive 93/42/EEC concerning medical devices;F554]
[F555βDirective 2007/47β means Directive 2007/47/EC of the European Parliament and of the Council amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market;
βDirective 2006/42/ECβ means Directive 2006/42/EC of the European Parliament and of the Council on machinery;F555]
F556β... CABβ shall be construed in accordance with regulation 48(1);
F557...
[F558βEuropean Economic Areaβ means the European Economic Area created by the EEA Agreement;F558]
βharmonised standardβ meansβ
(a)F559a technical specification adopted, on a mandate from the European Commission, by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation, or by both of those bodies, in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations , pursuant to the general guidelines on co-operation between the Commission and the said Committees signed on 13th November 1984; or
(b)a monograph of the European Pharmacopoeia (in particular any monograph on surgical sutures and the interaction between medicinal products and materials used in medical devices containing medicinal products),
the reference number of which has been published in the Official Journal of the [F545European UnionF545] ;
[F560βhazardβ means a potential source of injury or damage to health;F560]
[F561βhip, knee or shoulder replacementβ means an implantable component part of a total joint replacement system which is intended to provide a function similar to that of either a natural hip joint, a natural knee joint or a natural shoulder joint, other than ancillary components (screws, wedges, plates and instruments);F561]
[F562βintended for clinical investigationβ meansβ
(a)intended for use by a registered medical practitioner when conducting investigations of that device in an adequate human clinical environment; or
(b)intended for use by any other person in a [F563relevant stateF563] who, by virtue of their professional qualification, is authorised to carry out investigations of that device in an adequate human clinical environment;F562]
βintended purposeβ meansβ
(a)in relation to an active implantable medical device, the use for which it is intended and for which it is suited according to the data supplied by the manufacturer in the instructions relating to it;
(b)in relation to any other medical device, the use to which the device is intended according to the data supplied by the manufacturer on the labelling, the instructions for use and/or the promotional materials;
βin vitro diagnostic medical deviceβ means a medical device whichβ
(a)is a reagent, reagent product, calibrator, control material, kit, instrument, apparatus, equipment or system, whether used alone or in combination; and
(b)is intended by the manufacturer to be usedin vitro for the examination of specimens, including blood and tissue donations, derived from the human body, solely or principally for the purpose of providing informationβ
(i)concerning a physiological or pathological state,
(ii)concerning a congenital abnormality,
(iii)to determine the safety and compatibility of donations, including blood and tissue donations, with potential recipients, or
(iv)to monitor therapeutic measures,
and includes a specimen receptacle but not a product for general laboratory use, unless that product, in view of its characteristics, is specifically intended by its manufacturer to be used forin vitro diagnostic examination;
[F564βmachineryβ has the meaning given to it by Article 2(a) of Directive 2006/42;F564]
βmanufacturerβ meansβ
(a)the person with responsibility for the design, manufacture, packaging and labelling of a device before it is placed on the market under his own name, regardless of whether these operations are carried out by that person himself or on his behalf by a third party; or
(b)any other person who assembles, packages, processes, fully refurbishes or labels one or more ready-made products or assigns to them their intended purpose as a device with a view to their being placed on the market under his own name, apart from a person who assembles or adapts devices already on the market to their intended purpose for an individual patient;
[F565βmedical deviceβ has the meaning given in Article 2(1) of Regulation (EU) 2017/745 and includes devices intended to administer a medicinal product or which incorporate as an integral part a substance which, if used separately, would be a medicinal product and which is liable to act upon the body with action ancillary to that of the device;F565]
βthe Medical Devices Directivesβ means Directive 90/385, Directive 93/42, [F566both read with Regulation (EU) No 207/2012 and Regulation (EU) No 722/2012F566] and Directive 98/79;
F567...
βmedicinal productβ has the meaning given in article 1.2 of Directive 2001/83;
βMutual Recognition Agreementsβ means the agreements, listed in Schedule 2, concluded between the European Community and States which are not part of the European Community on matters including the conditions under which each Party will accept or recognise the results of the conformity assessment procedures undertaken by the other Partyβs designated bodies;
βnational standardβ means a technical specification adopted by [F568a relevant stateF568] which transposes, and corresponds to, a harmonised standard;
F569...
βnotified bodyβ means a body authorised in accordance with [F570Part V orF570] the Medical Devices Directives to carry out tasks of a notified body or the importing Party under the Medical Devices Directives or the Mutual Recognition Agreements in respect of a conformity assessment procedure;
βplacing on the marketβ means, in relation to a medical device, the first making available in return for payment or free of charge of a new or fully refurbished device, other than a device intended for clinical investigation, with a view to distribution, use, or both, on [F571a relevant stateF571] market;
βputting into serviceβ meansβ
(a)in relation to an active implantable medical device, the making available of the device to a registered medical practitioner for implantation;
(b)in relation to any other medical device, the first making available of the device in [F572a relevant stateF572] to a final user, including where a device is used in a professional context for the purposes of medical analysis without being marketed;
[F573βRegulation (EU) No 207/2012β means Commission Regulation (EU) No 207/2012 of 9 March 2012 on electronic instructions for use of medical devices;
βRegulation (EU) No 722/2012β means Commission Regulation (EU) No 722/2012 of 8 August 2012 concerning particular requirements as regards the requirements laid down in Council Directives 90/385/EEC and 93/42/EEC with respect to active implantable medical devices and medical devices manufactured utilising tissues of animal origin;F573]
[F574βRegulation (EU) 2017/745β means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;F574]
[F575βRegulation (EU) 2017/746β means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;
βRegulation (EU) 2022/1107β means Commission Implementing Regulation (EU) 2022/1107 of 4 July 2022 laying down common specifications for certain class D in vitro diagnostic medical devices in accordance with Regulation (EU) 2017/746 of the European Parliament and of the CouncilF575] ;
βrelevant essential requirementsβ, in relation to a medical device, means the essential requirements set out in Annex 1 of Directive 90/385, Annex I of Directive 93/42 or Annex I of Directive 98/79 which apply to it, but not including, in the case of a device intended for clinical investigation, such of those requirements, or aspects of them, as are the subject of the investigation;
[F576βrelevant marketβ means a market of a relevant state;
βrelevant stateβ meansβ
(a)in relation to any requirement relating to an in vitro diagnostic medical device, Northern Ireland or a Member State of the European Union;
(b)in relation to any requirement relating to any other medical device, Northern Ireland or a state in the European Economic Area;
(c)a State other than a Member State of the European Union which is a Party to an Association Agreement (where applicable under that Association Agreement);F576]
βspecimen receptacleβ means a medical device which (whether vacuum-type or not) is specifically intended by its manufacturer to be used for the primary containment and preservation of specimens derived from the human body for the purpose ofin vitro diagnostic examination;
βstable derivatives deviceβ means a medical device that contains human blood, blood products, plasma or blood cells of human origin, and which incorporates, as an integral part, a substance whichβ
(a)if used separately, may be considered to be a medicinal product constituent or a medicinal product derived from human blood or human plasma within the meaning of article 1.10 of Directive 2001/83; and
(b)is liable to act upon the human body with action ancillary to that of the device;
βsupplyβ, in relation to a medical device, meansβ
(a)the supply of, or the offer or agreement to supply, the device; or
(b)the exposure or possession for supply of the device;
βthird country conformity assessment bodyβ means a body in a State which is not part of the Community that is designated in accordance with the Mutual Recognition Agreements to carry out tasks of a notified body under the conformity assessment procedures set out in the Medical Devices Directives;
F577...
[F576βUK mutual recognition agreementβ means an agreement between the United Kingdom and another country that covers matters including the conditions under which the United Kingdom and that country will accept or recognise the results of the conformity assessment procedures undertaken by each otherβs designated bodies;
βUK(NI) indicationβ means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) indication) (EU Exit) Regulations 2020;F576]
βUK notified bodyβ shall be construed in accordance with regulation 45; and
[F576βUK responsible personβ is to be construed in accordance with regulation 19B(2) for the purposes of Part II, regulation 21C(2) for the purposes of Part III and regulation 44A(2) for the purposes of part IV.F576]
[F578(1A)In these Regulations, any reference to Annexes 1 to 7 to Directive 90/385, Annexes I to X to Directive 93/42 or Annex I to X to Directive 98/79 is to be construed as a reference to those Annexes as amended from time to time.F578]
[F579(1B)In these Regulations, any reference to Annex 1 to Directive 90/385 or to Annex I to Directive 93/42 is to that Annex read with Regulation (EU) No 207/2012.F579]
(2) In these Regulations, unless the context otherwise requires, a referenceβ
(a)to a numbered regulation, Part or Schedule is to the regulation or Part of, or the Schedule to, these Regulations bearing that number;
(b)in a regulation to a numbered or lettered paragraph is to the paragraph of that regulation bearing that number or letter; and
(c)in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.
[F63Medical devices which are qualifying Northern Ireland goods
2A.β(1)[F64Subject to paragraph (1A),F64] notwithstanding the effect of regulations 19B, 19C, 30A, 44ZA and 44ZB and the expiry of the period during which those regulations apply by virtue of regulation 1ZA, any medical deviceβ
[F65(a)which meets the requirements ofβ
(i)these Regulations as they apply in Northern Ireland;
(ii)Regulation (EU) 2017/745; or
(iii)Regulation (EU) 2017/746; andF65]
(b)which is a qualifying Northern Ireland good,
may be placed on the Great Britain market as if it meets the requirements of these Regulations as they apply in Great Britain.
[F66(1A)Before 25 July 2024, paragraph (1) only applies to a coronavirus test device that meets the requirements of Regulation (EU) 2017/746 if the device also meets the requirements ofβ
(a)regulation 34A (approval requirement for coronavirus test devices); or
(b)the common specifications set out in Annex I and XIII to Regulation (EU) 2022/1107.F66]
(2)In this regulation,
[F67(a)F67] βqualifying Northern Ireland goodβ has the meaning given in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
[F68(b)βRegulation (EU) 2017/745β means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.F68,F63]]
Scope of these RegulationsE2
3. These Regulations shall not apply toβ
(a)F70medicinal products governed by [F69the Human Medicines Regulations 2012F69] (including medicinal products derived from human blood or human plasma ...);
(b)human blood, human blood products, plasma or blood cells of human origin;
(c)devices that incorporate, at the time of placing on the market, human blood, blood products, plasma or blood cells of human origin, except for [F71β
(i)stable derivatives devices,
(ii)active implantable medical devices and accessories to such devices, and
(iii)in vitro diagnostic medical devices and accessories to such devices,F71] ;
(d)transplants or tissues or cells of human origin or products incorporating or derived from tissues or cells of human origin [F72, except for F73..., in vitro diagnostic medical devices and accessories to such devicesF72][F74save where medicinal products are incorporated as ancillary to the deviceF74] ;
[F75(e)transplants or tissues or cells of animal origin, unlessβ
(i)a device is manufactured utilising animal tissue which is rendered non-viable or non-viable products derived from animal tissue, or
(ii)a product is F76... an in vitro diagnostic medical device, or an accessory to such a device;F75]
(f)cosmetic products governed by [F77Regulation (EC) 1223/2009 of the European Parliament and of the Council of 30th November 2009 on cosmetic products;F77] or
F78(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope of these RegulationsE50
3. These Regulations shall not apply toβ
(a)medicinal products governed by Directive 2001/83 (including medicinal products derived from human blood or human plasma governed by Title X of Directive 2001/83);
(b)human blood, human blood products, plasma or blood cells of human origin;
(c)devices that incorporate, at the time of placing on the market, human blood, blood products, plasma or blood cells of human origin, except for [F580β
(i)stable derivatives devices,
(ii)active implantable medical devices and accessories to such devices, and
(iii)in vitro diagnostic medical devices and accessories to such devices,F580] ;
(d)transplants or tissues or cells of human origin or products incorporating or derived from tissues or cells of human origin [F581, except for F582..., in vitro diagnostic medical devices and accessories to such devicesF581][F583save where medicinal products are incorporated as ancillary to the deviceF583] ;
[F584(e)transplants or tissues or cells of animal origin, unlessβ
(i)a device is manufactured utilising animal tissue which is rendered non-viable or non-viable products derived from animal tissue, or
(ii)a product is F585... an in vitro diagnostic medical device, or an accessory to such a device;F584]
(f)F586,F587cosmetic products governed by Council Directive 76/768/EEC , as amended ; or
F588(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F79Revocation, transitional and saving provisions in respect of Regulation (EU) 2017/745 [F80and Regulation (EU) 2017/746F80]
3ZA.β(1)Subject to paragraph (2), Parts 2 to 7 only apply in Northern Ireland for the purpose of regulating qualifying devices.F81]
(2)The following provisions continue to apply in Northern Ireland in accordance with this paragraph F82...β
[F83(a)for the purposes of the registration of medical devices (whether or not they are qualifying devices) and persons placing medical devices on the market in Northern Irelandβ
(i)regulation 19 (registration of persons placing general medical devices on the market),
(ii)regulation 21B (registration of persons placing active implantable medical devices on the market),
(iii)regulation 44 (registration of persons placing in vitro diagnostic medical devices on the market or for performance evaluation), and
(iv)regulation 53 (fees in connection with the registration of devices and changes to registration details),
only apply until the date which is 24 months after the date of publication of the notice referred to in Article 34(3) of Regulation (EU) 2017/745;
(aa)regulations 34A to 34D, 38A to 38C, 39A, 56A, 59 and 61 continue to apply in relation to coronavirus test devices whether or not they are qualifying devices;F83]
(b)Parts 5 to 7 [F84alsoF84] apply for purposes related to the designation of conformity assessment bodies for the purposes of a UK mutual recognition agreement.
(3)[F85For the purposes of this regulationF85], a device is a qualifying device if, by virtue of Article 120 of Regulation (EU) 2017/745[F86or Article 110 of Regulation (EU) 2017/746F86]β
(a)it may be placed on the market, put into service or made available in Northern Ireland in accordance with the requirements of [F87Directive 90/385, Directive 93/42 or Directive 98/79, rather than Regulation (EU) 2017/745 or Regulation (EU) 2017/746; andF87]
(b)it is placed on the market, put into service or made available in Northern Ireland in accordance with, and subject to the requirements of and the arrangements set out in, Parts 2 F88... to 7.F79]
[F89Designated standard
3A.β(1) In Parts II, III and IV of these Regulations, a βdesignated standardβ meansβ
(a)a technical specification which isβ
(i)adopted by a recognised standardisation body[F90or an international standardising bodyF90], for repeated or continuous application with which compliance is not compulsory; and
(ii)designated by the Secretary of State by publishing a reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate; or
(b)a monograph of the European Pharmacopoeia (in particular on surgical sutures and on the interaction between medicinal products and materials used in devices containing medicinal products) which has been published in the Official Journal of the European Union.
(2)For the purposes of paragraph (1), a βtechnical specificationβ means a document which prescribes technical requirements to be fulfilled by a device, process, service or system (βthe productβ) and which lays downβ
(a)the characteristics required of a product, including levels of quality, performance, interoperability, environmental protection, health and safety and dimensions;
(b)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and
(c)the production methods and processes relating to the product, where these have an effect on its characteristics.
(3)For the purposes of this regulation a βrecognised standardisation bodyβ means any one of the following organisationsβ
(a)the European Committee for Standardisation (CEN);
(b)the European Committee for Electrotechnical Standardisation (CENELEC);
(c)the British Standards Institute (BSI).
[F91(3A)In this regulation βinternational standardising bodyβ has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).F91]
(4)When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard.
(5)Before publishing the reference to a standard in relation to a technical specification which has been adopted by BSI, the Secretary of State must have regard to whether the technical specification is consistent with [F92suchF92]technical specifications adopted by the other recognised standardisation bodies[F93or by international standardising bodies as the Secretary of State considers to be relevant.F93]
(6)The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).
(7)Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.
(8) In this regulationβ
(a)a reference to a βdeviceβ is a reference to a medical device or its accessory or an in vitro diagnostic medical device or its accessory to which these Regulations apply;
(b)a reference to βthe European Pharmacopoeiaβ is a reference to the European Pharmacopoeia adopted in accordance with the Convention on the Elaboration of a European Pharmacopoeia.
Confidentiality
F943B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F89]
Transitional provisions
M54.β(1) Part II shall not be applied before 1st July 2004 in respect of a device which has been subjected to EEC pattern approval before 1st January 1995 in accordance with the Clinical Thermometers (EEC Requirements) Regulations 1993 .
(2) Part II shall not be appliedβ
(a)before 10th January 2007 in respect of a stable derivatives device placed on the market without a CE marking, if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 10th January 2002; or
(b)before 10th January 2009 in respect of a stable derivatives device put into service without a CE marking, if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 10th January 2002.
(3) Part IV shall not be applied before 7th December 2003 in respect of a device placed on the market which isβ
(a)anin vitro diagnostic medical device without a CE marking; or
(b)a device for performance evaluation and the manufacturer or his authorised representative does not indicate, directly or indirectly, that it is a device which is subject to the provisions of these Regulations,
if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 7th December 1998.
(4) Part IV shall not be applied before 7th December 2005 in respect of a device put into service which isβ
(a)anin vitro diagnostic medical device without a CE marking; or
(b)a device for performance evaluation and the manufacturer or his authorised representative does not indicate, directly or indirectly, that it is a device which is subject to the provisions of these Regulations,
if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is put into service as in force on 7th December 1998.
[F95(5)Regulation 13(4) shall not be applied before 1st March 2004 in respect of breast implants whichβ
(a)bore a CE marking before 1st September 2003; and
(b)satisfy the requirements in respect of relevant devices falling within Class IIb set out in regulation 13(3).F95]
[F96(6)Regulation 19A shall not be applied before 1st October 2004 in respect of a device placed on the market before 1st April 2004.F96]
[F97Transitional provisions for hip, knee and shoulder replacements
4A.β(1)This regulation applies to hip, knee or shoulder replacements.
(2)Regulation 13(4) shall not apply in respect of a replacementβ
(a)whose manufacturer or his authorised representative has before 1st September 2007β
(i)fulfilled the applicable obligations imposed by Annex II, excluding Section 4 of that Annex,
(ii)declared, in accordance with a declaration of conformity procedure set out in that Annex, that the device meets the provisions of Directive 93/42 which apply to it, and
(iii)ensured that the device meets the provisions of Directive 93/42 which apply to it; and
(b)in respect of which an examination under Section 4 of Annex II has been carried out and an EC design-examination certificate under that Section has been issued before 1st September 2009.
(3)Regulation 13(4) shall not apply before 1st September 2009 in respect of a replacementβ
(a)whose manufacturer or his authorised representative hasβ
(i)fulfilled the applicable obligations imposed by Annex II, excluding Section 4 of that Annex,
(ii)declared, in accordance with a declaration of conformity procedure set out in that Annex, that the device meets the provisions of Directive 93/42 which apply to it, and
(iii)ensured that the device meets the provisions of Directive 93/42 which apply to it; and
(b)which is covered by the decision of a notified body issued in accordance with Section 3.3 or 3.4 of Annex II before 1st September 2007.
(4)Regulation 13(4) shall not apply before 1st September 2010 in respect of replacementβ
(a)whose manufacturer or his authorised representative hasβ
(i)fulfilled the applicable obligations imposed by Annex III together with Annex VI,
(ii)declared, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 93/42 which apply to it, and
(iii)ensured that the device meets the provisions of Directive 93/42 which apply to it; and
(b)which is covered by the decision of a notified body issued in accordance with Section 3.3 or 3.4 of Annex VI before 1st September 2007.
(5)Regulation 13(4) shall not apply in respect of a replacement whichβ
(a)satisfies the conditions set out in paragraph (4)(a) and (b);
(b)has been placed on the market before 1st September 2010; and
(b)is put into service on or after that date.F97]
[F98Revocations, transitional and saving provisions in respect of the new national registration requirements
4D.β(1)Regulation 19 is revoked on the day that is 4 months after IP completion day (which is when regulation 7A comes into force).
(2)Regulation 7A does not apply until the day that is 8 months after IP completion day in respect of a device or accessoryβ
(a) that is a relevant device for the purposes of Part II; and
(b)that is classified as belonging toβ
(i)Class IIa, as referred to in regulation 7, or
(ii)Class IIb, as referred to in regulation 7, and is also a Group A device (within the meaning given in regulation 52(1)).
(3)Regulation 7A does not apply until the day that is 12 months after IP completion day in respect of a device or accessoryβ
(a) that is a relevant device for the purposes of Part II; and
(b)that is classified as belonging to Class I, as referred to in regulation 7.
(4)Where regulation 7A does not apply in respect of a device or accessory by virtue of paragraph (2) or (3), regulation 19 continues to have effect after its revocation in respect of that device or accessory.
(6)Regulation 30(3) is revoked on the day that is 4 months after IP completion day (which is when regulation 21A comes into force).
(8)Regulation 44 is revoked on the day that is 4 months after IP completion day (which is when regulation 33A comes into force).
(9)Regulation 33A does not apply until the day that is 8 months after IP completion day in respect of a device or accessoryβ
(a) that is a relevant device for the purposes of Part IV, or
(b)that isβ
(i)referred to in List B, mentioned in regulation 40(4), or
(ii)a device for self-testing (as defined in relation 32(1)).
(10) Regulation 33A does not apply until the day that is 12 months after IP completion day in respect of a device or accessory that is a relevant device for the purposes of Part IV which follows the procedure in regulation 40(1).
(11)Where regulation 33A does not apply in respect of a device or accessory by virtue of paragraph (9), regulation 44 continues to have effect after its revocation in respect of that device or accessory.F98]
Revocation of Commission Decision 2002/364 on 26th May 2025 and its effect before that date
F994H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F100Revocation of Commission Decision 2010/227
4I.Commission Decision 2010/227/EU of 19 April 2010 on the European Databank on Medical Devices (Eudamed) is revoked.
Revocation of Commission Regulation (EU) No 207/2012 on 26th May 2025
F1014J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of Regulation (EU) No 722/2012 on 26th May 2025
F1024K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of Regulation (EU) No 920/2013 on 26th May 2025 and its effect before that date
F1034L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of Regulation (EU) No 2017/2185 and saving provision
4M.β(1)Insofar as it is retained EU law, Commission Implementing Regulation (EU) 2017/2185 of 23 November 2017 on the list of codes and corresponding types of devices for the purpose of specifying the scope of the designation as notified bodies in the field of medical devices under Regulation (EU) 2017/745 of the European Parliament and of the Council and in vitro diagnostic medical devices under Regulation (EU) 2017/746 of the European Parliament and of the Council (βRegulation (EU) No 2017/2185β) is revoked.
The classification criteria in Directives 2003/12 and 2005/50
F1044N.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of Regulation (EU) 2017/745
4O.β(1)Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (βthe Medical Devices Regulationβ) (insofar as it is retained EU law) is revoked.
Revocation of Regulation (EU) 2017/746
4P.β(1)Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (βthe in vitro diagnostic medical devices Regulationβ) (insofar as it is retained EU law) is revoked.F100]
[F105References in other legislation to Directives 90/385, 93/42 and 98/79
4T.F106β(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In regulation 10(5) of the Medicines (Products for Human Use) (Fees) Regulations 2016 (fee for advice for other purposes)β
(a)the reference to the expression βmedical deviceβ having the meaning given in Article 1(2)(a) of Directive 93/42 is to be construed, to the extent necessary for the practical application of that definition, as a reference also or instead to having the meaning given in regulation 2; and
F107(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F108(c)the reference to the expression βDirective 93/42/EECβ is to be construed, to the extent necessary for the practical application of that expression, as a reference also or instead to Part II of the Medical Devices Regulations 2002;
(d)the references to βparagraph 4.3 of Annex II to Directive 93/42/EECβ and βparagraph 5 of Annex III to Directive 93/42/EECβ are to be construed, to the extent necessary for the practical application of those provisions, as references also or instead to those paragraphs and those Annexes as they applied immediately before IP completion day and as modified by Schedule 2A.F108]
(3)In Schedule 1 to the Pressure Equipment (Safety) Regulations 2016 (excluded pressure equipment and assemblies), the reference in paragraph 1(f)(iv) to not being covered by Directive 93/42 is to be construed, to the extent necessary for the practical application of that provision, as a reference also or instead to not being covered by Part II.
(4)In regulation 2 of the Waste Electrical and Electronic Equipment Regulations 2013 (interpretation)β
(a)the reference to the expression βactive implantable medical deviceβ having the meaning given in Article 1(2)(c) of Directive 90/385 is to be construed, to the extent necessary for the practical application of that definition, as a reference also or instead to it having the meaning given in regulation 2 F109...;
(b)the reference to the expression βmedical deviceβ having the meaning given in Article 1(2)(a) of Directive 93/42 is to be construed, to the extent necessary for the practical application of that definition, as a reference to it also or instead having the meaning given to it in regulation 2;
(c)the reference to the expression βaccessoryβ having the meaning given in Article 1(2)(b) of Directive 93/42 is to be construed, to the extent necessary for the practical application of that definition, as also or instead having the meaning given to βaccessoryβ in regulation 5;
(d)the reference to the expression βin vitro diagnostic medical deviceβ having the meaning given in Article 1(2)(b) of Directive 98/79 is to be construed, to the extent necessary for the practical application of that definition, as having the meaning given to it in regulation 2;
(e)the reference to the expression βaccessoryβ having the meaning given in Article 1(2)(c) of Directive 98/79 is to be construed, to the extent necessary for the practical application of that definition, as also or instead having the meaning given to βaccessoryβ in regulation 32.
(5)These Regulations are an enactment implementing a relevant Community Directive for the purposes of regulation 4 of the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 (provision of personal protective equipment).
(6)These Regulations are also an enactment implementing a relevant Community Directive for the purposes of regulation 4(5)(a) of the Personal Protective Equipment at Work Regulations 1992 (provision of personal protective equipment).F105]
PART IIGeneral Medical Devices
Interpretation of Part II
F1105.β(1) In this Part ...β
βaccessoryβ means an article which, whilst not being a medical device, is intended specifically by its manufacturer to be used together with a medical device to enable it to be used in accordance with the use of the medical device intended by its manufacturer;
βcustom-made deviceβ means a relevant device that isβ
(a)manufactured specifically in accordance with a written prescription of a [F111registered medical practitioner, or other person authorised to write such a prescription by virtue of his professional qualification,F111] which gives, under his responsibility, specific characteristics as to its design; and
(b)intended for the sole use of a particular patient,
but does not include a mass-produced product which needs to be adapted to meet the specific requirements of the medical practitioner or professional user;
βrelevant deviceβ shall be construed in accordance with regulation 6;
βsingle-use combination productβ means a product which comprises a medical device and medicinal product forming a single integral product which is intended exclusively for use in the given combination and which is not reusable; and
βsystem or procedure packβ has the same meaning as in article 12 of Directive 93/42.
F110(2) In this Part ..., a reference to a numbered article or Annex is to the article or Annex of Directive 93/42 bearing that number.
Scope of Part II
6. The requirements of this Part in respect of relevant devices apply in respect of medical devices (including stable derivatives devices), accessories to such devices, single-use combination products, and systems and procedure packs, other thanβ
(a)active implantable medical devices and accessories to such devices; [F112andF112]
(b)in vitro diagnostic medical devices and accessories to such devices; [F113andF113]
(c)[F114devices that come within the scope of Directive 93/42 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, and
(i)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it, and
(ii)the manufacturer chooses to follow the set of arrangements in the other Directive.F114]
Classification of general medical devicesE3
7.β(1) For the purposes of this Part and Part VI, devices are classified as belonging to Class I, IIa, IIb or III in accordance with the classification criteria set out in Annex IX of Directive 93/42[F115, read with Directive 2003/12F115][F116and Directive 2005/50F116] .
(2) In the event of a dispute between a manufacturer and [F117an approved bodyF117] over the classification of a device, the matter shall be referred to the Secretary of State, who shall determine the classification of the device in accordance with the classification criteria set out in Annex IX of Directive 93/42[F115, read with Directive 2003/12F115][F116and Directive 2005/50F116] .
Classification of general medical devicesE51
7.β(1) For the purposes of this Part and Part VI, devices are classified as belonging to Class I, IIa, IIb or III in accordance with the classification criteria set out in Annex IX of Directive 93/42[F589, read with Directive 2003/12F589][F590and Directive 2005/50F590] .
(2) In the event of a dispute between a manufacturer and a notified body over the classification of a device, the matter shall be referred to the Secretary of State, who shall determine the classification of the device in accordance with the classification criteria set out in Annex IX of Directive 93/42[F589, read with Directive 2003/12F589][F590and Directive 2005/50F590] .
[F118Registration of persons placing general medical devices on the market
7A.β(1)No person may place a relevant device on the market in accordance with this Part unless that personβ
(a)is established in Great Britain; and
(b)has complied with paragraph (2).
(2)A person who places a relevant device on the market complies with this paragraph if, before placing the relevant device on the marketβ
(a)whereβ
(i)that person is the manufacturer of that device and is based in Great Britain, the person informs the Secretary of State of the address of their registered place of business in Great Britain;
(ii)that person is the manufacturer of that device and is based outside the United Kingdom, the manufacturer appoints a sole UK responsible person, and that UK responsible person provides the Secretary of State with written evidence that they have the manufacturerβs authority to act as their UK responsible person; or
(iii)that person is not the manufacturer of the device, the address of that personβs registered place of business in Great Britain has been provided to the Secretary of State by the manufacturer or the UK responsible person;
(b)that person supplies the Secretary of State with a description of the relevant device; and
(c)that person pays to the Secretary of State the relevant fee in accordance with regulation 53.
(2A)The person responsible for providing information in accordance with paragraph (2) must inform the Secretary of State of any changes to that information.
(3) The UK responsible person appointed in accordance with paragraph (2)(a)(ii) mustβ
(a)ensure that the declaration of conformity and technical documentation have been drawn up and, where applicable, that an appropriate conformity assessment procedure has been carried out by the manufacturer;
(b)keep available for inspection by the Secretary of State a copy of the technical documentation, a copy of the declaration of conformity and, if applicable, a copy of the relevant certificate, including any amendments and supplements;
(c)in response to a request from the Secretary of State, provide the Secretary of State with all the information and documentation necessary to demonstrate the conformity of a device;
(d) where they have samples of the device or access to the device, comply with any request from the Secretary of State to provide such samples or access;
(e)where they have neither samples of the device nor access to the device, communicate to the manufacturer any request from the Secretary of State to provide such samples or access, and communicate to the Secretary of State whether the manufacturer intends to comply with that request;
(f)cooperate with the Secretary of State on any preventive or corrective action taken to eliminate or, if that is not possible, mitigate the risks posed by devices;
(g)immediately inform the manufacturer about complaints and reports from healthcare professionals, patients and users about suspected incidents related to a device for which they have been appointed;
(h)if the manufacturer acts contrary to its obligations under these Regulationsβ
(i)terminate the legal relationship with the manufacturer; and
(ii)inform the Secretary of State and, if applicable, the relevant approved body of that termination.
(4) In this regulationβ
(a)the references to βtechnical documentationβ are to be construed in accordance with Annex II, III or VII;
(b)the references to βdeclaration of conformityβ are to be construed in accordance with Annexes II, IV, V, VI and VII.F118]
Essential requirements for general medical devicesE4
8.β(1) Subject to regulation 12, no person shall place on the market or put into service a relevant device unless that device meets those essential requirements set out in Annex I which apply to it [F119and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F119] .
(2) Subject to regulation 12, no person shall supply a relevant deviceβ
(a)if that supply is also a placing on the market or putting into service of that device; or
(b)in circumstances where that device has been placed on the market or put into service,
unless that device meets those essential requirements set out in Annex I which apply to it [F120and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F120] .
[F121(3)Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in [F122Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008F122] to the extent to which those essential health and safety requirements are more specific than the essential requirements to Directive 93/42.F121]
Essential requirements for general medical devicesE52
8.β(1) Subject to regulation 12, no person shall place on the market or put into service a relevant device unless that device meets those essential requirements set out in Annex I which apply to it [F591and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F591] .
(2) Subject to regulation 12, no person shall supply a relevant deviceβ
(a)if that supply is also a placing on the market or putting into service of that device; or
(b)in circumstances where that device has been placed on the market or put into service,
unless that device meets those essential requirements set out in Annex I which apply to it [F592and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F592] .
[F593(3)Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in Annex I to Directive 2006/42 to the extent to which those essential health and safety requirements are more specific than the essential requirements to Directive 93/42.F593]
Determining compliance of general medical devices with relevant essential requirementsE5
9.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
(2) Where confirmation of conformity with the essential requirements must be based on clinical data, such data must be established in accordance with the requirements set out in Annex X.
(3) In the case of a relevant device which is being or has been put into serviceβ
(a)the essential requirements specified in Sections 8.7 and 13 of Annex I with regard to information on the packaging and on any label are complied with only if such information is in English (whether or not it is also in another language and whether or not the device is for professional use); and
(b)the essential requirements specified in Sections 11.4 and 13 of Annex I with regard to instructions for use are complied with only ifβ
(i)F123such instructions are in English ...
F124(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A relevant device shall be treated as complying with an essential requirement if it conforms as respects that requirement to a relevant [F125designated standardF125] , unless there are reasonable grounds for suspecting that it does not comply with that requirement.
(5) A custom-made deviceβ
(a)in respect of which the conditions specified in Annex VIII are satisfied; and
(b)in the case of a Class IIa, Class IIb and Class III device, which is accompanied by the statement required by Section 1 of Annex VIII,
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
[F126(5A)When a custom-made device is supplied to a patient, the healthcare professional who writes the prescription for the custom-made device shall, in relation to each patient that they supply with such a deviceβ
(a)ensure that the patient is aware that they may request the statement containing the information required by Sections 1 and 2 of Annex VIII; and
(b)ensure that the statement containing the information required by Sections 1 and 2 of Annex VIII is made available to the patient on request.F126]
(6) Where, in accordance with Section 2.1 of Annex VIII, a manufacturer of a custom-made device, or [F127their UK responsible personF127] , has indicated that specified essential requirements have not been fully met, and has given proper grounds as to why they have not been fully met, those specified essential requirements are no longer to be treated as relevant essential requirements for that device.
(7) A device intended for clinical investigation in respect of whichβ
(a)the conditions specified in Annex VIII are satisfied;
(b)notice has been given under regulation 16(1); and
(c)eitherβ
(i)no notice has been given under regulation 16(4) within the period of 60 days there referred to, or
(ii)notice has been given under regulation 16(5),
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
F128(8) A single-use combination product shall be taken to comply with the relevant essential requirements if the medical device which forms part of that product only complies with the requirements set out in Annex I ... that relate to safety and performance, unless the medicinal product which forms part of that product is liable to act on the human body with action ancillary to that of the medical device, in which case the single-use combination product must comply with all the relevant essential requirements which apply to it.
[F129(9)Where a device is intended by the manufacturer to be used in conjunction with both the provisions in [F130Regulation (EU) 2016/425 of the European Parliament and of the Council of 9th March 2016 on personal protective equipment and repealing Council Directive 89/686/EECF130] and Directive 93/42, the relevant basic health and safety requirements of [F131Regulation (EU) 2016/425F131] shall also be fulfilled.F129]
Determining compliance of general medical devices with relevant essential requirementsE53
9.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
(2) Where confirmation of conformity with the essential requirements must be based on clinical data, such data must be established in accordance with the requirements set out in Annex X.
(3) In the case of a relevant device which is being or has been put into serviceβ
(a)the essential requirements specified in Sections 8.7 and 13 of Annex I with regard to information on the packaging and on any label are complied with only if such information is in English (whether or not it is also in another language and whether or not the device is for professional use); and
(b)the essential requirements specified in Sections 11.4 and 13 of Annex I with regard to instructions for use are complied with only ifβ
(i)such instructions are in English or another Community language, and
(ii)if the instructions are not in English, any packaging, label or promotional literature carries a clear statement in English stating the language in which the instructions are given.
(4) A relevant device shall be treated as complying with an essential requirement if it conforms as respects that requirement to a relevant national standard, unless there are reasonable grounds for suspecting that it does not comply with that requirement.
(5) A custom-made deviceβ
(a)in respect of which the conditions specified in Annex VIII are satisfied; and
(b)in the case of a Class IIa, Class IIb and Class III device, which is accompanied by the statement required by Section 1 of Annex VIII,
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
[F594(5A)When a custom-made device is supplied to a patient, the healthcare professional who writes the prescription for the custom-made device shall, in relation to each patient that they supply with such a deviceβ
(a)ensure that the patient is aware that they may request the statement containing the information required by Sections 1 and 2 of Annex VIII; and
(b)ensure that the statement containing the information required by Sections 1 and 2 of Annex VIII is made available to the patient on request.F594]
(6) Where, in accordance with Section 2.1 of Annex VIII, a manufacturer of a custom-made device, or his authorised representative, has indicated that specified essential requirements have not been fully met, and has given proper grounds as to why they have not been fully met, those specified essential requirements are no longer to be treated as relevant essential requirements for that device.
(7) A device intended for clinical investigation in respect of whichβ
(a)the conditions specified in Annex VIII are satisfied;
(b)notice has been given under regulation 16(1); and
(c)eitherβ
(i)no notice has been given under regulation 16(4) within the period of 60 days there referred to, or
(ii)notice has been given under regulation 16(5),
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
(8) A single-use combination product shall be taken to comply with the relevant essential requirements if the medical device which forms part of that product only complies with the requirements set out in Annex I of Directive 93/42 that relate to safety and performance, unless the medicinal product which forms part of that product is liable to act on the human body with action ancillary to that of the medical device, in which case the single-use combination product must comply with all the relevant essential requirements which apply to it.
[F595(9)Where a device is intended by the manufacturer to be used in conjunction with both the provisions in Council Directive 89/686/EEC on the approximation or the laws of the Member States relating to personal protective equipment and Directive 93/42, the relevant basic health and safety requirements of Directive 89/686/EEC shall also be fulfilled.F595]
[F132UK markingF132] of general medical devicesE6
10.β(1) Subject to regulations 12 and 14, no person shall place on the market or put into service a relevant device unless, where practical and appropriate, that device or its sterile pack bears a [F133UK markingF133] whichβ
(a)meets the requirements set out in [F134Annex 2 of Regulation ;(EC) No 765/2008F134]
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F135approved bodyF135] or conformity assessment body identification number for that device.
(2) Subject to regulations 12 and 14, no person shall supply a relevant device unless, where practical and appropriate, that device or its sterile pack bears a [F136UK markingF136] whichβ
(a)meets the requirements set out in [F137Annex 2 of Regulation ;(EC) No 765/2008F137]
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F138approved bodyF138] or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulations 12 and 14, no person shall place on the market or put into service a relevant device unless [F139a UK marking meeting the requirements of Annex 2 of Regulation , appears onβ (EC) No 765/2008F139]
(a)any sales packaging for that device; and
(b)the instructions for use for the device,
and that [F140UK markingF140] is accompanied by any relevant [F141approved bodyF141] or conformity assessment body identification number for that device.
(4) Subject to regulations 12 and 14, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless [F142a UK marking meeting the requirements of Annex 2 of Regulation , appears onβ (EC) No 765/2008F142]
(a)any sales packaging for that device; and
(b)the instructions for use for the device,
and that [F143UK markingF143] is accompanied by any relevant [F144approved bodyF144] or conformity assessment body identification number for that device.
(5) No person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device or its sterile pack;
(b)the instructions for use for a relevant device; or
(c)any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the [F145UK markingF145] or which reduces the visibility or the legibility of the [F145UK markingF145] .
[F146(6)In this regulation, where a device is required to bear a UK marking which meets the requirements of Annex 2 of Regulation (EU) No 765/2008, the requirement as to the minimum size of the UK marking specified in section 3 of that Annex is to be understoodβ
(a)as not applying where, having regard to the small size of the device, it is not possible for the device to bear a marking of that minimum size; and
(b)as allowing a device to bear a UK marking of a size less than that minimum size provided that mark continues to meet the requirements as to visibility, legibility and indelibility in paragraphs (1) and (2).F146]
CE marking of general medical devicesE54
10.β(1) Subject to regulations 12 and 14, no person shall place on the market or put into service a relevant device unless, where practical and appropriate, that device or its sterile pack bears a CE marking whichβ
(a)meets the requirements set out in Annex XII;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(2) Subject to regulations 12 and 14, no person shall supply a relevant device unless, where practical and appropriate, that device or its sterile pack bears a CE marking whichβ
(a)meets the requirements set out in Annex XII;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulations 12 and 14, no person shall place on the market or put into service a relevant device unless a CE marking, meeting the requirements set out in Annex XII, appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for the device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(4) Subject to regulations 12 and 14, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless a CE marking, meeting the requirements set out in Annex XII, appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for the device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(5) No person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device or its sterile pack;
(b)the instructions for use for a relevant device; or
(c)any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the CE marking or which reduces the visibility or the legibility of the CE marking.
[F147UK(NI) indication: general medical devices
10A.β(1)Where the CE marking referred to in regulation 10 is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the device, in accordance with this regulation.
(2)The UK(NI) indication must be affixedβ
(a)visibly, legibly and indelibly; and
(b)before a relevant device is placed on the market in Northern Ireland.
(3)The UK(NI) indication must accompany the CE marking, wherever such marking is affixed in accordance with regulation 13.
[F148(3A)The UK(NI) indication may be less than 5mm high provided that it is the same height as the CE marking that it accompanies.F148]
(4)The UK(NI) indication must be affixed by the manufacturer.
(5)Anyone who places a medical device on the market in Northern Ireland must ensure that the manufacturer has complied with their obligations under this regulation.
(6)No person shall supply a relevant device unless the manufacturer has affixed a UK(NI) indication as required by this regulation, if that supply is also a placing on the market or putting into service, or that supply is of a device that has been placed on the market or put into service.F147]
[F149 UK marking of general medical devices that come within the scope of this Part and other legislationE7
11.Where a relevant device (within the meaning of this Part) comes within the scope of this Part and other product safety or health and safety legislation (βthe other legislationβ) a person must not affix a UK marking to the device unless the relevant requirements of the other legislation are also satisfied.F149]
CE marking of general medical devices that come within the scope of more than one DirectiveE55
11. Where a relevant device comes within the scope of Directive 93/42 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, no person shall affix a CE marking to the device unless the relevant requirements of the other Directive are also satisfied, except whereβ
(a)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it;
(b)the manufacturer chooses to follow the set of arrangements in Directive 93/42;
(c)the marking of the device indicates that the device only satisfies the set of arrangements chosen by the manufacturer; and
(d)the particulars of Directive 93/42, as published in the Official Journal of the [F596European UnionF596] , are given in the documents, notices or instructions accompanying the device.
Exemptions from regulations 8 and 10E8
F15012.β(1) A relevant device or a single use combination product being shown at a trade fair, exhibition, demonstration or similar gathering is not being placed on the market or put into service if a visible sign clearly indicates that the device or product cannot be marketed or put into service until it complies with the requirements of ... these Regulations.
(2) Regulation 10 shall not apply to a custom-made device or a device intended for clinical investigation.
(3) Regulation 10 shall not apply to a relevant device which is a system or procedure pack, unlessβ
(a)the system or procedure pack incorporates a medical device which does not bear a [F151UK markingF151] ; or
(b)the chosen combination of medical devices is not compatible in view of their original intended use.
(4) Regulation 10 shall not apply to single-use combination products, unless the medicinal product which forms part of that product is liable to act on the human body with action ancillary to that of the medical device which forms part of that product.
(5) Regulations 8 and 10 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a [F152UK markingF152] , where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
[F153(6)Regulations 8 and 10 do not apply where the Secretary of State directs that a relevant device, or a class of relevant devices, which meets other requirements or standards, or which is marked other than with a UK marking, which the Secretary of State determines is equivalent to the requirements and standards imposed by regulations 8 and 10, may be placed on the market.
( 7)In paragraph (6), the Secretary of State, in determining whether another standard or requirement or marking (βthe other standardβ) is equivalent to a standard or requirement imposed by regulations 8 and 10, must be satisfied that the other standard imposes a degree of safety and quality equivalent to that imposed by those regulations.F153]
Exemptions from regulations 8 and 10E56
12.β(1) A relevant device or a single use combination product being shown at a trade fair, exhibition, demonstration or similar gathering is not being placed on the market or put into service if a visible sign clearly indicates that the device or product cannot be marketed or put into service until it complies with the requirements of Directive 93/42 or these Regulations.
(2) Regulation 10 shall not apply to a custom-made device or a device intended for clinical investigation.
(3) Regulation 10 shall not apply to a relevant device which is a system or procedure pack, unlessβ
(a)the system or procedure pack incorporates a medical device which does not bear a CE marking; or
(b)the chosen combination of medical devices is not compatible in view of their original intended use.
(4) Regulation 10 shall not apply to single-use combination products, unless the medicinal product which forms part of that product is liable to act on the human body with action ancillary to that of the medical device which forms part of that product.
(5) Regulations 8 and 10 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a CE marking, where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
Procedures for affixing a [F154UK markingF154] to general medical devicesE9
13.β(1) A relevant device falling within Class I may bear a [F155UK markingF155] only if its manufacturer or [F156their UK responsible personF156] β
(a)fulfils the applicable obligations imposed by Annex VII;
(b)declares, in accordance with the declaration of conformity procedure set out in that Annex, that the device meets the provisions of [F157this PartF157] which apply to it; and
(c)ensures that the device meets the provisions of [F157this PartF157] which apply to it.
(2) A relevant device falling within Class IIa may bear a [F155UK markingF155] only if its manufacturer or [F156their UK responsible personF156] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, excluding Section 4 of that Annex, or
(ii)Annex VII, together with Annex IV, V or VI;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F157this PartF157] which apply to it; and
(c)ensures that the device meets the provisions of [F157this PartF157] which apply to it.
(3) A relevant device falling within Class IIb may bear a [F155UK markingF155] only if its manufacturer or [F156their UK responsible personF156] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, excluding Section 4 of that Annex, or
(ii)Annex III, together with Annex IV, V or VI;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F157this PartF157] which apply to it; and
(c)ensures that the device meets the provisions of [F157this PartF157] which apply to it.
(4) A relevant device falling within Class III may bear a [F155UK markingF155] only if its manufacturer or [F156their UK responsible personF156] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, or
(ii)Annex III, together with Annex IV or V;
(b)F158declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F157this PartF157] which apply to it; ...
(c)ensures that the device meets the provisions of [F157this PartF157] which apply to it; [F159andF159]
[F160(d)fulfils the obligations imposed by Regulation (EU) No 722/2012 (if applicable).F160]
F161(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F161(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedures for affixing a CE marking to general medical devicesE57
13.β(1) A relevant device falling within Class I may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed by Annex VII;
(b)declares, in accordance with the declaration of conformity procedure set out in that Annex, that the device meets the provisions of Directive 93/42 which apply to it; and
(c)ensures that the device meets the provisions of Directive 93/42 which apply to it.
(2) A relevant device falling within Class IIa may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, excluding Section 4 of that Annex, or
(ii)Annex VII, together with Annex IV, V or VI;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 93/42 which apply to it; and
(c)ensures that the device meets the provisions of Directive 93/42 which apply to it.
(3) A relevant device falling within Class IIb may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, excluding Section 4 of that Annex, or
(ii)Annex III, together with Annex IV, V or VI;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 93/42 which apply to it; and
(c)ensures that the device meets the provisions of Directive 93/42 which apply to it.
(4) A relevant device falling within Class III may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex II, or
(ii)Annex III, together with Annex IV or V;
(b)F597declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 93/42 which apply to it; ...
(c)ensures that the device meets the provisions of Directive 93/42 which apply to it; [F598andF598]
[F599(d)fulfils the obligations imposed by Regulation (EU) No 722/2012 (if applicable).F599]
F600(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F600(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedures for systems and procedure packs, and for devices to be sterilised before useE10
14.β(1) Subject to paragraph (3), no person shall supply a system or procedure pack (if that supply is also a placing on the market, or if that supply is of a system or procedure pack that has been placed on the market) unlessβ
(a)the medical devices in that system or procedure pack are for use within their intended purpose and within the limits of use specified by their manufacturer;
(b)the person who places or has placed it on the market has drawn up a declaration thatβ
(i)he has verified the mutual compatibility of the medical devices in that system or procedure pack in accordance with the manufacturersβ instructions, and he has carried out his operations in accordance with these instructions,
(ii)he has packaged the system or procedure pack and supplied relevant information to users incorporating relevant instructions from the manufacturers, and
(iii)his production of the system or procedure pack is subjected to appropriate methods of internal control and inspection,
and that declaration is true at the time it is made and continues to be true.
(2) Subject to paragraph (3), no person shall supplyβ
(a)a system or procedure pack which was sterilised before being placed on the market; or
(b)a relevant device (including a system or procedure pack) which is designed by its manufacturer to be sterilised before use,
(if that supply is also a placing on the market, or if that supply is of a device that has been placed on the market) unless the person who places, or who has placed, the device on the market satisfies the conditions set out in paragraph (4).
(3) Paragraphs (1) and (2)(a) shall only apply to a system or procedure pack if, by virtue of regulation 12(3), regulation 10 does not apply to that system or procedure pack.
(4) The conditions referred to in paragraph (2) are that the person shallβ
[F162(a)follow the procedures referred to in either Annex II or IV that relate to obtaining sterility; andF162]
(b)if the device has been sterilised, make a written declaration that sterilisation has been carried out in accordance with the manufacturerβs instructions.
[F163(4A)The application of Annex II or IV and the intervention of the [F164approved bodyF164] are limited to the aspects of the procedure relating to the obtaining of sterility until the sterile package is opened or damaged.F163]
(5) Where a conformity assessment procedure is carried out in respect of a relevant device (including a device which is a system or procedure pack) pursuant to this regulationβ
(a)no person shall affix a [F165UK markingF165] to that device as a result of that procedure; and
(b)no person shall supply that device (if that supply is also a placing on the market, or if that supply is of a device that has been placed on the market) unless it is accompanied by the information referred to in Section 13 of Annex I, which shall include, where appropriate, the information supplied by the manufacturers of the devices which have been put together.
(6) The declarations referred to in paragraph (1)(b) and (4)(b) shall be kept available for the Secretary of State by the person responsible for placing the product on the market for a period of five years.
Procedures for systems and procedure packs, and for devices to be sterilised before useE58
14.β(1) Subject to paragraph (3), no person shall supply a system or procedure pack (if that supply is also a placing on the market, or if that supply is of a system or procedure pack that has been placed on the market) unlessβ
(a)the medical devices in that system or procedure pack are for use within their intended purpose and within the limits of use specified by their manufacturer;
(b)the person who places or has placed it on the market has drawn up a declaration thatβ
(i)he has verified the mutual compatibility of the medical devices in that system or procedure pack in accordance with the manufacturersβ instructions, and he has carried out his operations in accordance with these instructions,
(ii)he has packaged the system or procedure pack and supplied relevant information to users incorporating relevant instructions from the manufacturers, and
(iii)his production of the system or procedure pack is subjected to appropriate methods of internal control and inspection,
and that declaration is true at the time it is made and continues to be true.
(2) Subject to paragraph (3), no person shall supplyβ
(a)a system or procedure pack which was sterilised before being placed on the market; or
(b)a relevant device (including a system or procedure pack) which is designed by its manufacturer to be sterilised before use,
(if that supply is also a placing on the market, or if that supply is of a device that has been placed on the market) unless the person who places, or who has placed, the device on the market satisfies the conditions set out in paragraph (4).
(3) Paragraphs (1) and (2)(a) shall only apply to a system or procedure pack if, by virtue of regulation 12(3), regulation 10 does not apply to that system or procedure pack.
(4) The conditions referred to in paragraph (2) are that the person shallβ
[F601(a)follow the procedures referred to in either Annex II or IV that relate to obtaining sterility; andF601]
(b)if the device has been sterilised, make a written declaration that sterilisation has been carried out in accordance with the manufacturerβs instructions.
[F602(4A)The application of Annex II or IV and the intervention of the notified body are limited to the aspects of the procedure relating to the obtaining of sterility until the sterile package is opened or damaged.F602]
(5) Where a conformity assessment procedure is carried out in respect of a relevant device (including a device which is a system or procedure pack) pursuant to this regulationβ
(a)no person shall affix a CE marking to that device as a result of that procedure; and
(b)no person shall supply that device (if that supply is also a placing on the market, or if that supply is of a device that has been placed on the market) unless it is accompanied by the information referred to in Section 13 of Annex I, which shall include, where appropriate, the information supplied by the manufacturers of the devices which have been put together.
(6) The declarations referred to in paragraph (1)(b) and (4)(b) shall be kept available for the Secretary of State by the person responsible for placing the product on the market for a period of five years.
Procedures for custom-made general medical devicesE11
15. No person shall supply a custom-made device (if that supply is also a placing on the market, or if that supply is of a custom-made device that has been placed on the market) unless its manufacturer or [F166their UK responsible personF166] β
(a)has drawn up a statement containing the information required by Sections 1, 2 and 2.1 of Annex VIII [F167, read with Regulation (EU) No 722/2012F167] ;
(b)has undertaken to keep available for the Secretary of State documentation allowing an understanding of the design, manufacture and performances of the device, including the expected performances, so as to allow assessment of conformity of the device with the requirements of Directive 93/42; and
(c)F168takes all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1 of Annex VIII; ...
(d)keeps available for the Secretary of State, for a minimum period of five years, the information contained in the statement referred to in paragraph (a) and in the undertaking referred to in paragraph (b) [F169; and
(e)ensures that the statement is passed on with the custom-made device so that it may be made available to the patient on request.F169]
Procedures for custom-made general medical devicesE59
15. No person shall supply a custom-made device (if that supply is also a placing on the market, or if that supply is of a custom-made device that has been placed on the market) unless its manufacturer or his authorised representativeβ
(a)has drawn up a statement containing the information required by Sections 1, 2 and 2.1 of Annex VIII [F603, read with Regulation (EU) No 722/2012F603] ;
(b)has undertaken to keep available for the Secretary of State documentation allowing an understanding of the design, manufacture and performances of the device, including the expected performances, so as to allow assessment of conformity of the device with the requirements of Directive 93/42; and
(c)F604takes all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1 of Annex VIII; ...
(d)keeps available for the Secretary of State, for a minimum period of five years, the information contained in the statement referred to in paragraph (a) and in the undertaking referred to in paragraph (b) [F605; and
(e)ensures that the statement is passed on with the custom-made device so that it may be made available to the patient on request.F605]
Procedures for general medical devices for clinical investigationsE12
16.β(1) Subject to paragraph (2), no person shall supply a relevant device (if that supply is also a making available of the device) for the purposes of a clinical investigation in [F170Great BritainF170] unless, before he does so, the manufacturer of the device or [F171their UK responsible personF171] has given at least 60 days prior notice in writing to the Secretary of State of the intended investigation, in the form ofβ
(a)subject to paragraph (3), the statement required by [F172Sections 1 and 2.2F172] of Annex VIII [F173, read with Regulation (EU) No 722/2012F173] ; and
(b)an undertaking to keep available for the Secretary of State the documentation referred to in Section 3.2 of Annex VIII for a minimum period of five years.
[F174(1A)A manufacturer or their UK responsible person may request a meeting with the Secretary of State in advance of giving notice in writing to the Secretary of State pursuant to paragraph (1) in order toβ
(a)obtain advice on regulatory requirements relating to an intended clinical investigation; or
(b)obtain a statistical review in relation to an intended clinical investigation.F174]
(2) Paragraph (1) shall not apply in respect of an intended clinical investigation of a relevant device that bears a [F175UK markingF175] otherwise than in breach of regulation 13, unless the aim of the intended investigation is to determine whether the device may be used for a purpose other than that in respect of which it was [F176UK markedF176] in accordance with regulation 13.
(3) The ethics committee opinion that forms part of the information required under Section 2.2 of Annex VIII need not be provided to the Secretary of State at least 60 days prior to the intended investigation, but if it is not provided at least 60 days prior to the intended investigation, it must be provided to the Secretary of State by the manufacturer or [F171their UK responsible personF171] as soon as it becomes available.
(4) If, within 60 days of the formal acceptance by the Secretary of State of the notice in writing given pursuant to paragraph (1), the Secretary of State gives written notice to the manufacturer[F177or UK responsible personF177] (whichever gave the notice pursuant to paragraph (1)) that, on grounds of public health or public policy, the relevant device should not be made available for the purposes of the intended investigation, no person shall supply the relevant device (if that supply is also a making available of the device) for those purposes.
(5) The Secretary of State may, in respect of notice in writing given by a manufacturer or [F171their UK responsible personF171] pursuant to paragraph (1), give written notice to the manufacturer or [F171their UK responsible personF171] β
(a)that the relevant device may be made available for the purposes of the intended investigation; or
(b)if the ethics committee opinion required under Section 2.2 of Annex VIII is not available, that the relevant device may be made available for the purposes of the intended investigation once a favourable opinion in respect of the investigational plan for the intended investigation has been delivered by the committee.
(6) A written notice pursuant to paragraph (5) mayβ
(a)where appropriate be given subject to conditions imposed by the Secretary of State, which are to be included in the notice;
(b)at any time be withdrawn on grounds of public health or public policy by the Secretary of State.
(7) Where a written notice pursuant to paragraph (5) in respect of a relevant device has been withdrawn by the Secretary of Stateβ
(a)further clinical use of the relevant device in the investigation is prohibited; and
(b)no person shall supply that relevant device for the purposes of the investigation (if that supply is also a making available of the device),
unless the Secretary of State issues a further written notice pursuant to that paragraph stating that the relevant device may again be made available for the purposes of the investigation.
(8) The manufacturer of a relevant deviceintended for clinical investigation to which paragraph (1) applies, or [F171their UK responsible personF171] , shallβ
(a)take all necessary measures to ensure that the manufacturing process for the relevant device produces devices manufactured in accordance with the documentation referred to in the first paragraph of Section 3.2 of Annex VIII;
(b)authorise the assessment, including audit where necessary, of the effectiveness of the measures which he takes pursuant to this regulation; and
(c)keep the information contained in the statement and the undertaking referred to in paragraph (1) for a minimum period of five years.
(9) The grounds of public health or public policy referred to in paragraph (4) or (6)(b) are met, amongst other reasons, ifβ
(a)the manufacturer or [F171their UK responsible personF171] does not authorise an assessment by the Secretary of State, whether by means of an audit, an inspection or otherwise, of the effectiveness of the measures referred to in paragraph (8); or
(b)the manufacturer or [F171their UK responsible personF171] does not make available to the Secretary of State documentation which he has undertaken to keep available in accordance with paragraph (1)(b).
(10) No person shall conduct a clinical investigation of a relevant deviceβ
(a)otherwise than in accordance with Annex X; and
(b)otherwise than in accordance with any conditions imposed by the Secretary of State pursuant to paragraph (6)(a),
and if a clinical investigation is conducted in respect of a relevant device, the manufacturer of that device or [F171their UK responsible personF171] shall keep available for the Secretary of State the report referred to in Section 2.3.7 of Annex X.
[F178(11)The manufacturer, or their [F179single UK responsible personF179], shallβ
(a)notify the Secretary of State of the end of the clinical investigation; and
(b)provide justification where premature termination has resulted.F178]
Procedures for general medical devices for clinical investigationsE60
16.β(1) Subject to paragraph (2), no person shall supply a relevant device (if that supply is also a making available of the device) for the purposes of a clinical investigation in [F606Northern IrelandF606] unless, before he does so, the manufacturer of the device or his authorised representative has given at least 60 days prior notice in writing to the Secretary of State of the intended investigation, in the form ofβ
(a)subject to paragraph (3), the statement required by [F607Sections 1 and 2.2F607] of Annex VIII [F608, read with Regulation (EU) No 722/2012F608] ; and
(b)an undertaking to keep available for the Secretary of State the documentation referred to in Section 3.2 of Annex VIII for a minimum period of five years.
(2) Paragraph (1) shall not apply in respect of an intended clinical investigation of a relevant device that bears a CE marking otherwise than in breach of regulation 13, unless the aim of the intended investigation is to determine whether the device may be used for a purpose other than that in respect of which it was CE marked in accordance with regulation 13.
(3) The ethics committee opinion that forms part of the information required under Section 2.2 of Annex VIII need not be provided to the Secretary of State at least 60 days prior to the intended investigation, but if it is not provided at least 60 days prior to the intended investigation, it must be provided to the Secretary of State by the manufacturer or his authorised representative as soon as it becomes available.
(4) If, within 60 days of the formal acceptance by the Secretary of State of the notice in writing given pursuant to paragraph (1), the Secretary of State gives written notice to the manufacturer or authorised representative (whichever gave the notice pursuant to paragraph (1)) that, on grounds of public health or public policy, the relevant device should not be made available for the purposes of the intended investigation, no person shall supply the relevant device (if that supply is also a making available of the device) for those purposes.
(5) The Secretary of State may, in respect of notice in writing given by a manufacturer or his authorised representative pursuant to paragraph (1), give written notice to the manufacturer or his authorised representativeβ
(a)that the relevant device may be made available for the purposes of the intended investigation; or
(b)if the ethics committee opinion required under Section 2.2 of Annex VIII is not available, that the relevant device may be made available for the purposes of the intended investigation once a favourable opinion in respect of the investigational plan for the intended investigation has been delivered by the committee.
(6) A written notice pursuant to paragraph (5) mayβ
(a)where appropriate be given subject to conditions imposed by the Secretary of State, which are to be included in the notice;
(b)at any time be withdrawn on grounds of public health or public policy by the Secretary of State.
(7) Where a written notice pursuant to paragraph (5) in respect of a relevant device has been withdrawn by the Secretary of Stateβ
(a)further clinical use of the relevant device in the investigation is prohibited; and
(b)no person shall supply that relevant device for the purposes of the investigation (if that supply is also a making available of the device),
unless the Secretary of State issues a further written notice pursuant to that paragraph stating that the relevant device may again be made available for the purposes of the investigation.
(8) The manufacturer of a relevant deviceintended for clinical investigation to which paragraph (1) applies, or his authorised representative, shallβ
(a)take all necessary measures to ensure that the manufacturing process for the relevant device produces devices manufactured in accordance with the documentation referred to in the first paragraph of Section 3.2 of Annex VIII;
(b)authorise the assessment, including audit where necessary, of the effectiveness of the measures which he takes pursuant to this regulation; and
(c)keep the information contained in the statement and the undertaking referred to in paragraph (1) for a minimum period of five years.
(9) The grounds of public health or public policy referred to in paragraph (4) or (6)(b) are met, amongst other reasons, ifβ
(a)the manufacturer or his authorised representative does not authorise an assessment by the Secretary of State, whether by means of an audit, an inspection or otherwise, of the effectiveness of the measures referred to in paragraph (8); or
(b)the manufacturer or his authorised representative does not make available to the Secretary of State documentation which he has undertaken to keep available in accordance with paragraph (1)(b).
(10) No person shall conduct a clinical investigation of a relevant deviceβ
(a)otherwise than in accordance with Annex X; and
(b)otherwise than in accordance with any conditions imposed by the Secretary of State pursuant to paragraph (6)(a),
and if a clinical investigation is conducted in respect of a relevant device, the manufacturer of that device or his authorised representative shall keep available for the Secretary of State the report referred to in Section 2.3.7 of Annex X.
[F609(11)The manufacturer, or their single authorised representative, shallβ
(a)notify the Secretary of State of the end of the clinical investigation; and
(b)provide justification where premature termination has resulted.F609]
Manufacturers etc. and conformity assessment procedures for general medical devicesE13
17.β(1) A manufacturer of a relevant device or, where applicable, [F180their UK responsible personF180] who is required to follow, or follows or has followed a conformity assessment procedure set out in [F181this PartF181] shall observe the manufacturerβs obligations set out in that procedure that apply to him.
(2) A manufacturer of a relevant device or, where applicable, [F180their UK responsible personF180] shall, when following a conformity assessment procedure, take account of the results of any assessment or verification operations which have been carried out in accordance with [F181this PartF181] at an intermediate stage of manufacture of the device.
F182(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F183(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manufacturers etc. and conformity assessment procedures for general medical devicesE61
17.β(1) A manufacturer of a relevant device or, where applicable, his authorised representative who is required to follow, or follows or has followed a conformity assessment procedure set out in Directive 93/42 shall observe the manufacturerβs obligations set out in that procedure that apply to him.
(2) A manufacturer of a relevant device or, where applicable, his authorised representative shall, when following a conformity assessment procedure, take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 93/42 at an intermediate stage of manufacture of the device.
F610(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F184Approved bodiesF184] and the conformity assessment procedures for general medical devicesE14
18.β(1)[F185An approved bodyF185] which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)F186take account of the results of any assessment or verification operations which have been carried out ... at an intermediate stage of manufacture of the device;
(b)F187take account of any relevant information relating to the characteristics and performance of that device, ...; and
(c)lay down, by common accord with the manufacturer or his authorised representative, the time limits for completion of the assessment and verification operations referred to in Annex II to IV.
(2) Where [F188an approved bodyF188] takes a decision in accordance with [F189Annex II, III, V or VI,F189] they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.
(3) Where [F190an approved bodyF190] and a manufacturer or [F191the manufacturerβs UK responsible personF191] have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or [F191the manufacturerβs UK responsible personF191] , extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.
F192(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UK notified bodies and the conformity assessment procedures for general medical devicesE62
18.β(1) A UK notified body which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 93/42 at an intermediate stage of manufacture of the device;
(b)take account of any relevant information relating to the characteristics and performance of that device, including in particular the results of any relevant tests and verification relating to that device already carried out under the laws or administrative provisions in force before 1st January 1995 in any [F612EEA StateF612] ; and
(c)lay down, by common accord with the manufacturer or his authorised representative, the time limits for completion of the assessment and verification operations referred to in Annex II to IV.
(2) Where a UK notified body takes a decision in accordance with [F613Annex II, III, V or VI,F613] they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.
(3) Where a UK notified body and a manufacturer or his authorised representative have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or his authorised representative, extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.
[F614(4)Decisions taken by UK notified bodies before 1st September 2003 in accordance with Annex II in respect of breast implants may not be extended.F614]
[[F193,F194Registration of persons placing general medical devices on the market
19.β(1)Paragraph (2) appliesβ
(a)in relation to relevant devices that are neither Class I devices nor custom-made devices, toβ
(i)a manufacturer with a registered place of business in Northern Ireland who, under their own name, places on the market in Northern Ireland any general medical device of any class, other than a system or procedure pack which is not CE marked;
F195(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)a manufacturerβs authorised representative who has a registered place of business in Northern Ireland;
(iv)a manufacturer with a registered place of business in Great Britain whose authorised representative does not have a registered place of business in Northern Ireland;
(b)in relation to Class I devices [F196that are not custom-made devicesF196], toβ
(i)a manufacturer who places a device on the Northern Ireland market and has a registered place of business in Northern Ireland;
(ii)an authorised representative with a registered place of business in Northern Ireland;
(c)to a person with a registered place of business in Northern Ireland who sterilises before use any devices designed by their manufacturer to be sterilised before use.
(2)For the purpose of enabling the Secretary of State to exercise the Secretary of Stateβs functions under these Regulations, any person to whom this paragraph applies mustβ
(a)inform the Secretary of State of their address and registered place of business;
(b)supply the Secretary of State with a description of each category of device concerned;
F197(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in the case of an authorised representative, supply the Secretary of State withβ
(i)written evidence that they have been designated as an authorised representative;
(ii)details of the person who has so designated them; and
(iii)where the person placing the devices concerned on the market is neither the manufacturer nor the authorised representative, the name and address of the registered place of business of the person placing the devices concerned on the market;
(e)inform the Secretary of State of any changes to the information referred to in sub-paragraphs (a) to (d) as and when such changes arise.
(3)The obligation in paragraph 2(2)(e) to inform the Secretary of State of any changes in relation to the information referred to in sub-paragraphs (2)(a) to (d) continues to apply following the passing of any of the dates specified in paragraph (4) that apply in respect of a particular case.
(4)The obligations in paragraph (2) begin to applyβ
(a)in the case of a device that is a Class I device and custom-made devices, on 1st January 2021;
(b)in the case of a device that is a Class III or IIb implantable device, on 1st May 2021;
(c)in the case of a device that is a Class IIa or Class IIb non-implantable device, on 1st September 2021.
F198(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F194,F193]]
Additional requirements relating to use of animal tissues
F20019A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[[F201,F202Obligations in Part II of these Regulations which are met by complying with obligations in Directive 93/42
19B.β(1)In this regulationβ
(a)βthe Directiveβ means Directive 93/42[F203as it had effect on 25 May 2021F203] and any reference to an Article or Annex is a reference to that Article or Annex in the DirectiveF204...;
(b)βRegulation 722/2012β means Commission Regulation (EU) 722/2012 as it has effect in EU law;
(c)βCE markingβ means the CE marking required by Article 17 and shown in Annex XII;
(d)βharmonised standardβ is to be construed in accordance with Article 5.
(2)Where paragraph (3) applies regulations 8, 9, 10(1) to (4), 11 and 13 are treated as being satisfied.
(3)[F205Subject to paragraph (3A),F205] this paragraph applies where, before placing a relevant device other than a system or procedure pack, a custom-made device or a device intended for clinical investigation on the market, the manufacturerβ
(a)ensuresβ
(i)that the device meets the essential requirements set out in Annex I and, where applicable, Regulation 722/2012, which apply to it; or
(ii)that paragraph (10) and (11) apply;
(b)ensures that the relevant conformity assessment procedure that applies to the device has been carried out in accordance with Article 11;
[F206(ba)ensures that any certificate issued by a notified body in connection with that conformity assessment procedure is valid by virtue of Article 120(2) of Regulation (EU) 2017/745;F206]
(c)ensures that the documentation required by the conformity assessment procedure is drawn up;
(d)ensures that the technical and other relevant documentation required by the relevant conformity assessment procedure is prepared in or translated into English;
(e)affixes a CE marking and, where applicable, the identification number of the notified body which carried out the relevant conformity assessment on the device in accordance with the procedure set out in Annexes II, III, IV, V, VI or VII;
(f)[F207has drawn up before 26 May 2021F207] an EU declaration of conformity in accordance with Article 11; and
(g)ensures that the declaration of conformity is prepared in or translated into English.
[F208(3A)Paragraph (3) only applies to a class I device under the Directive ifβ
(a)the conformity assessment procedure under Article 11 required the involvement of a notified body; or
(b)the conformity assessment procedure for that device under Article 52 of Regulation (EU) 2017/745 would require the involvement of a notified body (if it were to be assessed under that regulation).F208]
(4)Where paragraph (5) applies, regulations 8 and 15 are treated as being satisfied.
(5)This paragraph applies where, before a custom-made device is placed on the market, the manufacturerβ
(a)has drawn up a statement in English containing the information required by Section 1 and specified in Section 2.1 of Annex VIII, read with Regulation 722/2012;
(b)has undertaken to keep available to the Secretary of State (notwithstanding that the Secretary of State is not a competent authority) documentation allowing for an understanding of the design, manufacture and performance of the device, including the expected performances, so as to allow an assessment of conformity of the device with the requirements of the Directive;
(c)undertakes to the Secretary of Stateβ
(i)to comply with Section 3.1 of Annex VIII;
(ii)to keep all documentation required by Annex VIII available in accordance with Section 4 of Annex VIII; and
(iii)to pass the statement mentioned in subparagraph (a) on with the custom-made device so that it may be made available to the patient on request.
(6)Where paragraph (7) applies, regulations 8 and 14 are treated as being satisfied.
(7)This paragraph applies where before a system or procedure pack is placed on the market, the manufacturerβ
(a)has complied with Article 12(2);
(b)has complied with Article 12(3) and with the procedure in Annex II or V;
[F209(ba)ensures that any certificate in relation to the system or procedure pack or a device within it that was issued by a notified body under the Directive is valid by virtue of Article 120(2) of Regulation (EU) 2017/745;
(bb)ensures that the declarations required by Article 12 were drawn up before 26 May 2021;F209]
(c)undertakes to keep the declarations required by Article 12 for the period specified in Article 12(4); F210...
(d)ensures that the system or procedure pack is accompanied by the information referred to in point 13 of Annex I which must be in [F211English; andF211]
[F212(e)ensures that the system or procedure pack does not contain a class I device under the Directive for whichβ
(i)the conformity assessment procedure under Article 11 did not require the involvement of a notified body; and
(ii)the conformity assessment procedure under Article 52 of Regulation (EU) 2017/745 would not require the involvement of a notifed body (if it were to be assessed under that regulation).F212]
(8)Where paragraph (9) applies, regulations 8 and 16 are treated as being satisfied.
(9)This paragraph applies where before a relevant deviceintended for clinical investigation is made available in Great Britain for the purpose of a clinical investigation, the manufacturerβ
(a)has provided the Secretary of State with the relevant written notice which must be in English in the form of the Statement required by Sections 1 and 2.2 of Annex VIII;
(b)undertakes to keep available the documentation referred to in Section 3.2 of Annex VIII for the period specified in Section 4 of that Annex; and
(c)has taken all necessary measures to ensure that the manufacturing process for the device produces devices in accordance with the documentation referred to in the first paragraph of paragraph 3.1 of Annex VIII.
(10)Where paragraph (11) applies, a relevant device referred to in that paragraph is also treated as complying with the relevant essential requirement referred to in regulation 9(4).
(11)This paragraph applies where a relevant device conforms with a harmonised standard or part of a harmonised standard, which corresponds exactly to a designated standard or part of a designated standard.
(12)For the purpose of this regulation in regulations 10(5), 51 and 61(8), each reference to βUK markingβ is to be read as a reference to βCE markingβ.F202]
Obligations in Part II and III of these Regulations which are met by complying with obligations in Regulation (EU) 2017/745
19C.β(1)In this regulationβ
(a)βthe Regulationβ means Regulation (EU) 2017/745, as it has effect in EU law, and any reference to an Article or an Annex is a reference to an Article or Annex of the Regulation;
(b)βCE markingβ means the CE marking required by Article 20 and presented in Annex V;
(c)βharmonised standardβ has the meaning given in Article 2(70);
(d)βsponsorβ has the meaning given in Article 2(49).
(2)Where paragraph (3) applies, regulations 8, 10(1) to (4), 11, 13, 22, 23, 24 and 27 are treated as being satisfied.
(3)This paragraph applies where, before placing a relevant device within the meaning of Part II or Part III (as the case may be) other than a system or procedure pack, a custom-made device or a device intended for clinical investigation on the market, the manufacturerβ
(a)ensuresβ
(i)that the device meets the general safety and performance requirements in Annex I which apply to it; or
(ii)that paragraphs (10) and (11) apply;
(b)ensures that the relevant conformity assessment procedure that applies to the device has been carried out in accordance with Article 52;
[F213(ba)ensures that any certificate issued by a notified body in connection with that conformity assessment procedure has not expired or been withdrawn;F213]
(c)ensures that the documentation required by the relevant conformity assessment procedure is drawn up;
(d)ensures that the technical documentation required by Annexes II and III and other relevant documentation required by a relevant conformity assessment procedure is prepared in or translated into English;
(e)affixes a CE marking and, where applicable, the identification number of the notified body which carried out the relevant conformity assessment on the device in accordance with the procedure set out in Annexes IX, X or XI;
(f)draws up an EU declaration of conformity in accordance with Article 19;
(g)ensures that the declaration of conformity is prepared in or translated into English.
(4)Where paragraph (5) applies regulations 8 and 15 (or as the case may be) 22 and 28 are treated as being satisfied.
(5)This paragraph applies where, before a custom-made device is placed on the market, the manufacturerβ
(a)has drawn up a statement in English containing the information specified in Section 1 of Annex XIII;
(b)has undertaken to keep available to the Secretary of State (notwithstanding that the Secretary of State is not a competent national authority) documentation allowing for an understanding of the design, manufacture and performance of the device, including the expected performances, so as to allow assessment of the conformity of the device with the requirements of the Regulation; and
(c)undertakes to comply with Sections 3 (manufacturing), 4 (retention of information) and 5 (review of experience) of Annex XIII.
(6)Where paragraph (7) applies, regulations 8 and 14 are treated as being satisfied.
[F214(7)This paragraph applies where, before a system or procedure pack is placed on the market, the person responsible for combining devices to produce that system or procedure packβ
(a)has complied with the relevant requirements of Article 22 including where that Article requires a conformity assessment in accordance with Annex IX or XI; and
(b)ensures that any certificate issued by a notified body in connection with that conformity assessment procedure has not expired or been withdrawn.F214]
(8)Where paragraph (9) applies, regulations 8 and 16(1) or (as the case may be) 22 and 29(1) are treated as being satisfied.
(9)This paragraph applies where, before a relevant deviceintended for clinical investigation is made available in Great Britain for the purpose of a clinical investigation, the manufacturerβ
(a)has provided the Secretary of State with the required notice in the form of the application required by Article 70 in English; and
(b)has provided the Secretary of State with an undertaking to keep available documentation contained in the application in accordance with Section 3 of Chapter III of Annex XV.
(10)Where paragraph (11) applies, a relevant device referred to in that paragraph is also treated as complying with the relevant essential requirement referred to in regulation 9(4) or regulation 23(4) (as the case may be).
(11)This paragraph applies where a relevant device conforms with a harmonised standard or part of a harmonised standard, which corresponds exactly to a designated standard or part of a designated standard.
(12)For the purpose of this regulation in regulations 10(5), 51 and 61(8), each reference to βUK markingβ is to be read as a reference to βCE markingβ.F201]
PART IIIActive Implantable Medical Devices
Interpretation of Part III
F21520.β(1) In this Part...β
βcustom-made deviceβ means an active implantable medical device that isβ
(a)manufactured specifically in accordance with a medical specialistβs written prescription which gives, under his responsibility, specific characteristics as to its design; and
(b)intended to be used only for a particular patient; and
βrelevant deviceβ shall be construed in accordance with regulation 21.
F215,F216,F216(2) In this Part..., a reference to a numbered ... Annex is to the ... Annex of Directive 90/385 bearing that number.
Scope of Part IIIE15
F21821.[F217β(1)F217] The requirements of this Part in respect of relevant devices apply in respect of active implantable medical devices and accessories to such devices, ...
[F219(2)Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in [F220Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008F220] to the extent to which those essential health and safety requirements are more specific than the essential requirements set out in Annex I to Directive 90/385.
[F221(3)Where an active implantable device is intended to administer a medicinal product, that device must be governed by this Part without prejudice to the provisions of the Human Medicines Regulations 2012.F221,F219]]
F222(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope of Part IIIE63
21.[F615β(1)F615] The requirements of this Part in respect of relevant devices apply in respect of active implantable medical devices and accessories to such devices, except for devices that come within the scope of Directive 90/385 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, and
(a)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it; and
(b)the manufacturer chooses to follow the set of arrangements in the other Directive.
[F616(2)Where a hazard exists, devices which are also machinery shall also meet the essential health and safety requirements set out in Annex I to that Directive to the extent to which those essential health and safety requirements are more specific than the essential requirements set out in Annex I to Directive 90/385.
(3)Where an active implantable medical device is intended to administer a medicinal product, that device shall be governed by Directive 90/385 without prejudice to the provisions of Directive 2001/83/EC.F616]
[F223Registration of persons placing active implantable medical devices on the market
21A.β(1)No person may place a relevant device on the market in accordance with this Part unless that personβ
(a)is established in Great Britain; and
(b)has complied with paragraph (2).
(2)A person who places a relevant device on the market complies with this paragraph if, before placing the relevant device on the marketβ
(a)whereβ
(i)that person is the manufacturer of that device and is based in Great Britain, the person informs the Secretary of State of the address of their registered place of business in Great Britain;
(ii)that person is the manufacturer of that device and is based outside the United Kingdom, and the manufacturer appoints a sole UK responsible person, and that UK responsible person provides the Secretary of State with written evidence that they have the manufacturerβs authority to act as their UK responsible person; or
(iii)that person is not the manufacturer of the device, the address of that personβs registered place of business in Great Britain has been provided to the Secretary of State by the manufacturer or the UK responsible person;
(b)that person supplies the Secretary of State with a description of the relevant device; and
(c)that person pays to the Secretary of State the relevant fee in accordance with regulation 53.
(2A)The person responsible for providing information in accordance with paragraph (2) must inform the Secretary of State of any changes to that information.
(3) The UK responsible person appointed in accordance with paragraph (2)(a)(ii) mustβ
(a)ensure that the declaration of conformity and technical documentation have been drawn up and, where applicable, that an appropriate conformity assessment procedure has been carried out by the manufacturer;
(b)keep available to the Secretary of State a copy of the technical documentation, a copy of the declaration of conformity and, if applicable, a copy of the relevant certificate, including any amendments and supplements;
(c)in response to a request from the Secretary of State, provide the Secretary of State with all the information and documentation necessary to demonstrate the conformity of a device;
(d) where they have samples of the device or access to the device, comply with any request from the Secretary of State to provide such samples or access;
(e)where they have neither samples of the device nor access to the device, communicate to the manufacturer any request from the Secretary of State to provide such samples or access, and communicate to the Secretary of State whether the manufacturer intends to comply with that request;
(f)cooperate with the Secretary of State on any preventive or corrective action taken to eliminate or, if that is not possible, mitigate the risks posed by devices;
(g)immediately inform the manufacturer about complaints and reports from healthcare professionals, patients and users about suspected incidents related to a device for which they have been appointed;
(h)if the manufacturer acts contrary to its obligations under these Regulationsβ
(i)terminate the legal relationship with the manufacturer; and
(ii)inform the Secretary of State and, if applicable, the relevant approved body of that termination.
(4) In this regulationβ
(a)the references to βtechnical documentationβ are to be construed in accordance with Annex 2, 3 or 5;
(b)the references to βdeclaration of conformityβ are to be construed in accordance with Annexes 2, 3 and 5.F223]
[F224Registration of persons placing active implantable medical devices on the market
21B.β(1)Paragraph (2) appliesβ
(a)in relation to relevant devices other than custom-made devices, toβ
(i)a manufacturer with a registered place of business in Northern Ireland who, under their own name, places on the market in Northern Ireland any relevant device;
F225(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)a manufacturerβs authorised representative who has a registered place of business in Northern Ireland;
(iv)a manufacturer with a registered place of business in Great Britain whose authorised representative does not have a registered place of business in Northern Ireland;
F226(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)For the purpose of enabling the Secretary of State to exercise the Secretary of Stateβs functions under these Regulations, any person to whom this paragraph applies mustβ
(a)inform the Secretary of State of the address of their registered place of business; and
(b)supply the Secretary of State with a description of each category of device concerned;
F227(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in the case of an authorised representative, supply the Secretary of State withβ
(i)written evidence that they have been designated as an authorised representative;
(ii)details of the person who has so designated them; and
(iii)where the person placing the devices concerned on the market is neither the manufacturer nor the authorised representative, the name and address of the registered place of business of the person placing the devices concerned on the market;
(e)inform the Secretary of State of any changes to the information referred to in sub-paragraphs (a) to (d) as and when such changes arise.
(3)The obligation in paragraph 2(2)(e) to inform the Secretary of State of any changes in relation to the information referred to in sub-paragraphs (2)(a) to (d) continues to apply following the passing of the date specified in paragraph (4).
(4)The obligations in paragraph (2) begin to apply on 1st May 2021.
F228(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F224]
Requirement to appoint a UK responsible person for active implantable medical devices
F23021C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Essential requirements for active implantable medical devices
22.β(1) Subject to regulation 26, no person shall place on the market or put into service a relevant device unless that device meets those essential requirements set out in Annex 1 which apply to it [F231and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F231] .
(2) Subject to regulation 26, no person shall supply a relevant deviceβ
(a)if that supply is also a placing on the market or putting into service of that device; or
(b)in circumstances where that device has also been placed on the market or put into service,
unless that device meets those essential requirements set out in Annex 1 which apply to it [F232and the requirements set out in Regulation (EU) No 722/2012 (if applicable)F232] .
Determining compliance of active implantable medical devices with relevant essential requirementsE16
23.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
(2) Anyβ
(a)determination that a relevant device complies with any of the essential requirements set out in paragraphs 1 to 5 of Annex 1; and
(b)evaluation of side effects or undesirable effects for the purposes of determining whether or not a relevant device complies with any of the essential requirements,
shall be based in particular on clinical data, the adequacy of which is based on the collation of scientific literature or the results of clinical investigations referred to in paragraph 1 of Annex 7, and any determination as to whether or not a relevant device complies with any other essential requirements may be based on such data.
(3) In the case of a relevant device which is being or has been put into serviceβ
(a)the essential requirements specified in paragraph 14 of Annex 1 are complied with only if the particulars there specified are in English (whether or not they are also in another language and whether or not the device is for professional use); and
(b)the essential requirements specified in paragraph 13 of Annex 1, so far as they relate to instructions required for the operation of a device in paragraph 15 of Annex 1, are complied with only ifβ
(i)F233the instructions are in English ...
F234(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A relevant device shall be treated as complying with an essential requirement if it conforms as respects that requirement to a relevant [F235designated standardF235] , unless there are reasonable grounds for suspecting that the device does not comply with that requirement.
(5) A custom-made device in respect of which the conditions specified in Annex 6 are satisfied and which is accompanied by the statement referred to in paragraph 1 of Annex 6 shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
(6) A device intended for clinical investigation in respect of whichβ
(a)the conditions specified in Annex 7 are satisfied;
(b)notice has been given under regulation 29(1); and
(c)eitherβ
(i)no notice has been given under regulation 29(3) within the period of 60 days there referred to, or
(ii)notice has been given under regulation 29(4),
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
Determining compliance of active implantable medical devices with relevant essential requirementsE64
23.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
(2) Anyβ
(a)determination that a relevant device complies with any of the essential requirements set out in paragraphs 1 to 5 of Annex 1; and
(b)evaluation of side effects or undesirable effects for the purposes of determining whether or not a relevant device complies with any of the essential requirements,
shall be based in particular on clinical data, the adequacy of which is based on the collation of scientific literature or the results of clinical investigations referred to in paragraph 1 of Annex 7, and any determination as to whether or not a relevant device complies with any other essential requirements may be based on such data.
(3) In the case of a relevant device which is being or has been put into serviceβ
(a)the essential requirements specified in paragraph 14 of Annex 1 are complied with only if the particulars there specified are in English (whether or not they are also in another language and whether or not the device is for professional use); and
(b)the essential requirements specified in paragraph 13 of Annex 1, so far as they relate to instructions required for the operation of a device in paragraph 15 of Annex 1, are complied with only ifβ
(i)the instructions are in English or another Community language, and
(ii)if the instructions are not in English, any packaging, label or promotional literature carries a clear statement in English stating the language in which the instructions are given.
(4) A relevant device shall be treated as complying with an essential requirement if it conforms as respects that requirement to a relevant national Standard, unless there are reasonable grounds for suspecting that the device does not comply with that requirement.
(5) A custom-made device in respect of which the conditions specified in Annex 6 are satisfied and which is accompanied by the statement referred to in paragraph 1 of Annex 6 shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
(6) A device intended for clinical investigation in respect of whichβ
(a)the conditions specified in Annex 7 are satisfied;
(b)notice has been given under regulation 29(1); and
(c)eitherβ
(i)no notice has been given under regulation 29(3) within the period of 60 days there referred to, or
(ii)notice has been given under regulation 29(4),
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
[F236UK markingF236] of active implantable medical devicesE17
24.β(1) Subject to regulation 26, no person shall place on the market or put into service a relevant device unless that device or its sterile pack bears a [F237UK markingF237] whichβ
(a)meets the requirements set out in [F238Annex 2 of Regulation 765/2008F238] ;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F239approved bodyF239] or conformity assessment body identification number for that device.
(2) Subject to regulation 26, no person shall supply a relevant device unless that device or its sterile pack bears a [F237UK markingF237] whichβ
(a)meets the requirements set out in [F238Annex 2 of Regulation 765/2008F238] ;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F240approved bodyF240] or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulation 26, no person shall place on the market or put into service a relevant device unless a [F237UK markingF237] , meeting the requirements set out in [F238Annex 2 of Regulation 765/2008F238] , appears onβ
(a)where appropriate, any sales packaging for that device; and
(b)the instructions for use for the device,
and that [F237UK markingF237] is accompanied by any relevant [F241approved bodyF241] or conformity assessment body identification number for that device.
(4) Subject to regulation 26, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless a [F237UK markingF237] , meeting the requirements set out in [F238Annex 2 of Regulation 765/2008F238] , appears onβ
(a)where appropriate, any sales packaging for that device; and
(b)the instructions for use for the device,
and that [F237UK markingF237] is accompanied by any relevant [F242approved bodyF242] or conformity assessment body identification number for that device.
(5) No person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device or its sterile pack;
(b)the instructions for use for a relevant device; or
(c)where appropriate, any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the [F237UK markingF237] or which reduces the visibility or the legibility of the [F237UK markingF237] .
[F243(6)In this regulation, where a device is required to bear a UK marking which meets the requirements of Annex 2 of Regulation (EU) No 765/2008, the requirement as to the minimum size of the UK marking specified in section 3 of that Annex is to be understoodβ
(a)as not applying where, having regard to the small size of the device, it is not possible for the device to bear a marking of that minimum size; and
(b)as allowing a device to bear a UK marking of a size less than that minimum size provided that mark continues to meet the requirements as to visibility, legibility and indelibility in paragraphs (1) and (2).F243]
CE marking of active implantable medical devicesE65
24.β(1) Subject to regulation 26, no person shall place on the market or put into service a relevant device unless that device or its sterile pack bears a CE marking whichβ
(a)meets the requirements set out in Annex 9;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(2) Subject to regulation 26, no person shall supply a relevant device unless that device or its sterile pack bears a CE marking whichβ
(a)meets the requirements set out in Annex 9;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulation 26, no person shall place on the market or put into service a relevant device unless a CE marking, meeting the requirements set out in Annex 9, appears onβ
(a)where appropriate, any sales packaging for that device; and
(b)the instructions for use for the device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(4) Subject to regulation 26, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless a CE marking, meeting the requirements set out in Annex 9, appears onβ
(a)where appropriate, any sales packaging for that device; and
(b)the instructions for use for the device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(5) No person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device or its sterile pack;
(b)the instructions for use for a relevant device; or
(c)where appropriate, any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the CE marking or which reduces the visibility or the legibility of the CE marking.
[F244UK(NI) indication: active implantable medical devices
24A.β(1)Where the CE marking referred to in regulation 24 is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the device, in accordance with this regulation.
(2)The UK(NI) indication must be affixedβ
(a)visibly, legibly and indelibly; and
(b)before a relevant medical device is placed on the market in Northern Ireland.
(3)The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 27.
[F245(3A)The UK(NI) indication may be less than 5mm high provided that it is the same height as the CE marking that it accompanies.F245]
(4)The UK(NI) indication must be affixed by the manufacturer.
(5)Anyone who places a medical device on the market in Northern Ireland must ensure that the manufacturer has complied with their obligations under this regulation.
(6)No person shall supply a relevant device unless the manufacturer has affixed a UK(NI) indication as required by this regulation, if that supply is also a placing on the market or putting into service, or that supply is of a device that has been placed on the market or put into serviceβ;F244]
[F246UK marking of active implantable medical devices that come within the scope of this Part and other legislationE18
25.Where a relevant device (within the meaning of this Part) comes within the scope of this Part and other product safety or health and safety legislation (βthe other legislationβ) a person must not affix a UK marking to the device unless the relevant requirements of the other legislation are also satisfied.F246]
CE marking of active implantable medical devices that come within the scope of more than one DirectiveE66
25. Where a relevant device comes within the scope of Directive 90/385 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, no person shall affix a CE marking to the device unless the relevant requirements of the other Directive are also satisfied, except whereβ
(a)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it;
(b)the manufacturer chooses to follow the set of arrangements in Directive 90/385;
(c)the marking of the device indicates that the device only satisfies the set of arrangements chosen by the manufacturer; and
(d)the particulars of Directive 90/385, as published in the Official Journal of the [F617European UnionF617] , are given in the documents, notices or instructions accompanying the device, and in a manner in which those particulars are accessible without it being necessary to destroy the packaging which keeps the device sterile.
Exemptions from regulations 22 and 24E19
F24726.β(1) A relevant device being shown at a trade fair, exhibition, demonstration or similar gathering is not being placed on the market or put into service if a visible sign clearly indicates that the device or product cannot be marketed or put into service until it complies with the requirements of ... these Regulations.
(2) Regulation 24 shall not apply to a custom-made device or a device intended for clinical investigation.
(3) Regulations 22 and 24 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a [F248UK markingF248] , where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
[F249(4)Regulations 22 and 24 do not apply where the Secretary of State directs that a relevant device, or a class of relevant devices, which meets other requirements or standards or which is marked other than with a UK marking which the Secretary of State determines is equivalent to the requirements and standards imposed by regulations 22 and 24, may be placed on the market.
(5)In paragraph (4), the Secretary of State, in determining whether a standard or requirement or marking (βthe other standardβ) is equivalent to a standard or requirement imposed by regulations 22 and 24, must be satisfied that the other standard imposes a degree of safety and quality equivalent to that imposed by those regulations.F249]
Exemptions from regulations 22 and 24E67
26.β(1) A relevant device being shown at a trade fair, exhibition, demonstration or similar gathering is not being placed on the market or put into service if a visible sign clearly indicates that the device or product cannot be marketed or put into service until it complies with the requirements of Directive 90/385 or these Regulations.
(2) Regulation 24 shall not apply to a custom-made device or a device intended for clinical investigation.
(3) Regulations 22 and 24 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a CE marking, where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
Procedures for affixing a [F250UK markingF250] to active implantable medical devicesE20
27. A relevant device may bear a [F251UK markingF251] only if its manufacturer or [F252their UK responsible personF252] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex 2, or
(ii)Annex 3, together with Annex 4 or 5;
(b)F254declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F253this PartF253] that apply to it; ...
(c)ensures that the device meets the provisions of [F253this PartF253] which apply to it; [F255andF255]
[F256(d)fulfils the obligations imposed by Regulation (EU) No 722/2012 (if applicable).F256]
Procedures for affixing a CE marking to active implantable medical devicesE68
27. A relevant device may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex 2, or
(ii)Annex 3, together with Annex 4 or 5;
(b)F618declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 90/385 that apply to it; ...
(c)ensures that the device meets the provisions of Directive 90/385 which apply to it; [F619andF619]
[F620(d)fulfils the obligations imposed by Regulation (EU) No 722/2012 (if applicable).F620]
Procedures for custom-made active implantable medical devicesE21
28. No person shall supply a custom-made device (if that supply is also a placing on the market, or if that supply is of a custom-made device that has been placed on the market) unless its manufacturer or [F257their UK responsible personF257] β
(a)has drawn up the statement containing the information required by Section 2.1 of Annex 6 [F258, read with Regulation (EU) No 722/2012F258] ;
(b)has undertaken to keep available for the Secretary of State the documentation referred to in Section 3.1 of Annex 6;
(c)takes all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1 of Annex 6; and
(d)keeps available for the Secretary of State the information contained in the statement referred to in paragraph (a) and in the undertaking referred to in paragraph (b).
Procedures for custom-made active implantable medical devicesE69
28. No person shall supply a custom-made device (if that supply is also a placing on the market, or if that supply is of a custom-made device that has been placed on the market) unless its manufacturer or his authorised representativeβ
(a)has drawn up the statement containing the information required by Section 2.1 of Annex 6 [F621, read with Regulation (EU) No 722/2012F621] ;
(b)has undertaken to keep available for the Secretary of State the documentation referred to in Section 3.1 of Annex 6;
(c)takes all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1 of Annex 6; and
(d)keeps available for the Secretary of State the information contained in the statement referred to in paragraph (a) and in the undertaking referred to in paragraph (b).
Procedures for active implantable medical devices for clinical investigationsE22
29.β(1) No person shall supply a relevant device (if that supply is also a making available of the device) for the purposes of a clinical investigation in [F259Great BritainF259] unless, before he does so, the manufacturer of the device or [F260their UK responsible personF260] has given at least 60 days prior notice in writing to the Secretary of State of the intended investigation, in the form ofβ
(a)subject to paragraph (2), the statement required by Section 2.2 of Annex 6 [F261, read with Regulation (EU) No 722/2012F261] ; and
(b)an undertaking to keep available for the Secretary of State the documentation referred to in Section 3.1 and 3.2 of Annex 6.
[F262(1A)A manufacturer or their UK responsible person may request a meeting with the Secretary of State in advance of giving notice in writing to the Secretary of State pursuant to paragraph (1) in order toβ
(a)obtain advice on regulatory requirements relating to an intended clinical investigation; or
(b)obtain a statistical review in relation to an intended clinical investigation.F262]
(2) The ethics committee opinion that forms part of the information required under Section 2.2 of Annex 6 need not be provided to the Secretary of State at least 60 days prior to the intended investigation, but if it is not provided at least 60 days prior to the intended investigation, it must be provided to the Secretary of State by the manufacturer or [F260their UK responsible personF260] as soon as it becomes available.
(3) If, within 60 days of the formal acceptance by the Secretary of State of the notice in writing given pursuant to paragraph (1), the Secretary of State gives written notice to the manufacturer[F263or UK responsible personF263] (whichever gave the notice pursuant to paragraph (1)) that, on grounds of public health or public policy, the relevant device should not be made available for the purposes of the intended investigation, no person shall supply the relevant device (if that supply is also a making available of the device) for those purposes.
(4) The Secretary of State may, in respect of notice in writing given by a manufacturer or [F260their UK responsible personF260] pursuant to paragraph (1), give written notice to the manufacturer or [F260their UK responsible personF260] β
(a)if the ethics committee opinion required under Section 2.2 of Annex 6 is favourable, that the relevant device may be made available for the purposes of the intended investigation; or
(b)if the ethics committee opinion required under Section 2.2 of Annex 6 is not available, that the relevant device may be made available for the purposes of the intended investigation once a favourable opinion in respect of the investigational plan for the intended investigation has been delivered by the committee.
(5) A written notice pursuant to paragraph (4) mayβ
(a)where appropriate be given subject to conditions imposed by the Secretary of State, which are to be included in the notice;
(b)at any time be withdrawn on grounds of public health or public policy by the Secretary of State.
(6) Where a written notice pursuant to paragraph (4) in respect of a relevant device has been withdrawn by the Secretary of Stateβ
(a)further clinical use of the relevant device in the investigation is prohibited; and
(b)no person shall supply that relevant device for the purposes of the investigation (if that supply is also a making available of the device),
unless the Secretary of State issues a further written notice pursuant to that paragraph stating that the relevant device may again be made available for the purposes of the investigation.
(7) The manufacturer of a relevant deviceintended for clinical investigation to which paragraph (1) applies, or [F260their UK responsible personF260] , shallβ
(a)take all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1, and the first paragraph of Section 3.2, of Annex 6;
(b)keep available for the Secretary of State the information contained in the statement and the undertaking referred to in paragraph (1); and
(c)authorise the assessment, including audit where necessary, of the effectiveness of the measures which he takes pursuant to this regulation.
(8) The grounds of public health or public policy referred to in paragraphs (3) and (5)(b) are met, amongst other reasons, ifβ
(a)the manufacturer or [F260their UK responsible personF260] does not authorise an assessment by the Secretary of State, whether by means of an audit, an inspection or otherwise, of the effectiveness of the measures referred to in paragraph (7); or
(b)the manufacturer or [F260their UK responsible personF260] does not make available to the Secretary of State documentation which he has undertaken to keep available in accordance with paragraph (1).
(9) No person shall conduct a clinical investigation of a relevant deviceβ
(a)otherwise than in accordance with Annex 7; and
(b)otherwise than in accordance with any conditions imposed by the Secretary of State pursuant to paragraph (5)(a),
and if a clinical investigation is conducted in respect of a relevant device, the manufacturer of that device or [F260their UK responsible personF260] shall keep available for the Secretary of State the report referred to in Section 2.3.7 of Annex 7.
[F264(10)The manufacturer, or their [F265single UK responsible personF265], shallβ
(a)notify the Secretary of State of the end of the clinical investigation; and
(b)provide justification where premature termination has resulted.F264]
Procedures for active implantable medical devices for clinical investigationsE70
29.β(1) No person shall supply a relevant device (if that supply is also a making available of the device) for the purposes of a clinical investigation in [F622Northern IrelandF622] unless, before he does so, the manufacturer of the device or his authorised representative has given at least 60 days prior notice in writing to the Secretary of State of the intended investigation, in the form ofβ
(a)subject to paragraph (2), the statement required by Section 2.2 of Annex 6 [F623, read with Regulation (EU) No 722/2012F623] ; and
(b)an undertaking to keep available for the Secretary of State the documentation referred to in Section 3.1 and 3.2 of Annex 6.
(2) The ethics committee opinion that forms part of the information required under Section 2.2 of Annex 6 need not be provided to the Secretary of State at least 60 days prior to the intended investigation, but if it is not provided at least 60 days prior to the intended investigation, it must be provided to the Secretary of State by the manufacturer or his authorised representative as soon as it becomes available.
(3) If, within 60 days of the formal acceptance by the Secretary of State of the notice in writing given pursuant to paragraph (1), the Secretary of State gives written notice to the manufacturer or authorised representative (whichever gave the notice pursuant to paragraph (1)) that, on grounds of public health or public policy, the relevant device should not be made available for the purposes of the intended investigation, no person shall supply the relevant device (if that supply is also a making available of the device) for those purposes.
(4) The Secretary of State may, in respect of notice in writing given by a manufacturer or his authorised representative pursuant to paragraph (1), give written notice to the manufacturer or his authorised representativeβ
(a)if the ethics committee opinion required under Section 2.2 of Annex 6 is favourable, that the relevant device may be made available for the purposes of the intended investigation; or
(b)if the ethics committee opinion required under Section 2.2 of Annex 6 is not available, that the relevant device may be made available for the purposes of the intended investigation once a favourable opinion in respect of the investigational plan for the intended investigation has been delivered by the committee.
(5) A written notice pursuant to paragraph (4) mayβ
(a)where appropriate be given subject to conditions imposed by the Secretary of State, which are to be included in the notice;
(b)at any time be withdrawn on grounds of public health or public policy by the Secretary of State.
(6) Where a written notice pursuant to paragraph (4) in respect of a relevant device has been withdrawn by the Secretary of Stateβ
(a)further clinical use of the relevant device in the investigation is prohibited; and
(b)no person shall supply that relevant device for the purposes of the investigation (if that supply is also a making available of the device),
unless the Secretary of State issues a further written notice pursuant to that paragraph stating that the relevant device may again be made available for the purposes of the investigation.
(7) The manufacturer of a relevant deviceintended for clinical investigation to which paragraph (1) applies, or his authorised representative, shallβ
(a)take all necessary measures to ensure that the manufacturing process ensures that each device manufactured according to that process conforms to the documentation referred to in the first paragraph of Section 3.1, and the first paragraph of Section 3.2, of Annex 6;
(b)keep available for the Secretary of State the information contained in the statement and the undertaking referred to in paragraph (1); and
(c)authorise the assessment, including audit where necessary, of the effectiveness of the measures which he takes pursuant to this regulation.
(8) The grounds of public health or public policy referred to in paragraphs (3) and (5)(b) are met, amongst other reasons, ifβ
(a)the manufacturer or his authorised representative does not authorise an assessment by the Secretary of State, whether by means of an audit, an inspection or otherwise, of the effectiveness of the measures referred to in paragraph (7); or
(b)the manufacturer or his authorised representative does not make available to the Secretary of State documentation which he has undertaken to keep available in accordance with paragraph (1).
(9) No person shall conduct a clinical investigation of a relevant deviceβ
(a)otherwise than in accordance with Annex 7; and
(b)otherwise than in accordance with any conditions imposed by the Secretary of State pursuant to paragraph (5)(a),
and if a clinical investigation is conducted in respect of a relevant device, the manufacturer of that device or his authorised representative shall keep available for the Secretary of State the report referred to in Section 2.3.7 of Annex 7.
[F624(10)The manufacturer, or their single authorised representative, shallβ
(a)notify the Secretary of State of the end of the clinical investigation; and
(b)provide justification where premature termination has resulted.F624]
Manufacturers etc. and conformity assessment procedures for active implantable medical devicesE23
30.β(1) A manufacturer of a relevant device or, where applicable, [F266their UK responsible personF266] who is required to follow, or follows or has followed a conformity assessment procedure [F267in the Annexes referred to in regulation 27(a)F267] shall observe the manufacturerβs obligations set out in that procedure that apply to him.
F270(2) A manufacturer of a relevant device or, where applicable, [F268their UK responsible personF268] shall, when following a conformity assessment procedure [F269in the Annexes referred to in regulation 27(a)F269] , take account of the results of any assessment or verification operations which have been carried out ... at an intermediate stage of manufacture of the device.
F271(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manufacturers etc. and conformity assessment procedures for active implantable medical devicesE71
30.β(1) A manufacturer of a relevant device or, where applicable, his authorised representative who is required to follow, or follows or has followed a conformity assessment procedure set out in Directive 90/385 shall observe the manufacturerβs obligations set out in that procedure that apply to him.
(2) A manufacturer of a relevant device or, where applicable, his authorised representative shall, when following a conformity assessment procedure, take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 90/385 at an intermediate stage of manufacture of the device.
[F625(3)Except as provided in paragraphs (4) and (5), the manufacturer of a relevant device, who under their own name places devices on the market, in accordance with the procedure referred to in Article 9(2) of Directive 90/385, shall provide the Secretary of State withβ
(a)the address of their registered place of business;
(b)a description of the devices concerned; and
(c)details of the label and instructions for use that accompany each device.
(4)Where the manufacturer of a relevant device places a device on the market under their own name, but does not have a registered place of business in [F626a relevant stateF626], the manufacturer shallβ
(a)designate a single authorised representative; and
(b)ensure that the authorised representative has a registered place of business in [F626a relevant stateF626].
(5)The authorised representative referred to in paragraph (4) shall provide the competent authority of [F627the relevant stateF627] in which they have their registered place of business with the information referred to in paragraph (3) above.F625]
[F273Obligations in Part III which are met by complying with obligations in Directive 90/385
30A.β(1)In this regulationβ
(a)βthe Directiveβ means Directive 90/385[F274as it had effect on 25 May 2021F274] and any reference to an Article or Annex is a reference to that Article or Annex in the DirectiveF275...;
(b)βRegulation 722/2012β means Commission Regulation (EU) 722/2012 as it has effect in EU Law;
(c)βCE markingβ means the CE marking required by Article 12 and shown in Annex 9;
(d)βharmonised standardβ is to be construed in accordance with Article 5.
(2)Where paragraph (3) applies regulations 22, 24(1) to (4), 25 and 27 are treated as being satisfied.
(3)This paragraph applies where, before placing a relevant device other than a system or procedure pack, a custom-made device or a device intended for clinical investigation on the market, the manufacturerβ
(a)ensuresβ
(i)that the device meets the essential requirements set out in Annex I and, where applicable, Regulation (EU) 722/2012, which apply to it; or
(ii)that paragraphs (8) and (9) apply;
(b)ensures that the relevant conformity assessment procedure that applies to the device, where the device is a device other than those which are custom-made or intended for clinical investigations, has been carried out in accordance with Article 9;
[F276(ba)ensures that the certificate issued by a notified body in connection with that conformity assessment procedure is valid by virtue of Article 120(2) of Regulation (EU) 2017/745;F276]
(c)ensures that the documentation required by the relevant conformity assessment procedure is drawn up;
(d)ensures that the technical and other relevant documentation required by the relevant conformity assessment procedure is prepared in or translated into English;
(e)affixes a CE marking and, where applicable, the identification number of the notified body which carried out the relevant conformity assessment on the device in accordance with the procedure set out in Annexes 2, 3, 4 or 5;
(f)[F277has drawn up before 26 May 2021F277] an EU Declaration of Conformity in accordance with Article 9; and
(g)ensures that the declaration of conformity is prepared in or translated into English.
(4)Where paragraph (5) applies, regulations 25 and 28 are treated as being satisfied.
(5)This paragraph applies where, before a custom-made device is placed on the market, the manufacturerβ
(a)has drawn up a statement in English containing the information required by Section 1 and specified in Section 2.1 of Annex 6, read with Regulation 722/2012;
(b)has undertaken to keep available to the Secretary of State (notwithstanding that the Secretary of State is not a competent authority) documentation allowing for an understanding of the design, manufacture and performance of the device, including the expected performances, so as to allow an assessment of conformity of the device with the requirements of the Directive;
(c)undertakes to the Secretary of Stateβ
(i)to comply with Section 3.1 of Annex 6;
(ii)to keep all documentation required by Annex 6 for the period specified in Section 4 of Annex 6; and
(iii)to pass on the statement mentioned in sub-paragraph (a) with the custom-made device so that it may be made available to the patient on request.
(6)Where paragraph (7) applies, regulations, 22 and 29 are treated as being satisfied.
(7)This paragraph applies where, before a relevant deviceintended for clinical investigation is made available in Great Britain for the purpose of a clinical investigation, the manufacturerβ
(a)has provided the Secretary of State with the relevant written notice which must be in English in the form of the statement required by Section 2.2 of Annex 6;
(b)has provided an undertaking to keep available for five years the documentation referred to in Section 3.1 and 3.2 of Annex 6; and
(c)has taken all necessary measures to ensure that the manufacturing process for the device produces devices in accordance with the documentation referred to in Section 3.2 of Annex 6.
(8)Where paragraph (9) applies, a relevant device referred to in that paragraph is also treated as complying with the relevant essential requirement referred to in regulation 9(4).
(9)This paragraph applies where a relevant device conforms with a harmonised standard or part of a harmonised standard, which corresponds exactly to a designated standard or part of a designated standard.
(10)For the purpose of this regulation in regulations 24(5), 51 and 61(8), each reference to βUK markingβ is to be read as a reference to βCE markingβ.F273]
[F278Approved bodiesF278] and the conformity assessment procedures for active implantable medical devicesE24
31.β(1)[F279An approved bodyF279] which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)take account of the results of any assessment or verification operations which have been carried out in accordance with [F280this PartF280] at an intermediate stage of manufacture of the device; and
(b)lay down, by common accord with the manufacturer or [F281their UK responsible personF281] , the time limits for completion of the assessment and verification operations referred to in Annex 2 or 3.
(2) Where [F282an approved bodyF282] takes a decision in accordance with [F283Annex 2, 3 or 5F283] , they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.
(3)[F284Where an approved body and a manufacturer or the manufacturerβs UK responsible personF284] have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or [F285the manufacturerβs UK responsible personF285] , extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.
UK notified bodies and the conformity assessment procedures for active implantable medical devicesE72
31.β(1) A UK notified body which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 90/385 at an intermediate stage of manufacture of the device; and
(b)lay down, by common accord with the manufacturer or his authorised representative, the time limits for completion of the assessment and verification operations referred to in Annex 2 or 3.
(2) Where a UK notified body takes a decision in accordance with [F628Annex 2, 3 or 5F628] , they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.
(3) Where a UK notified body and a manufacturer or his authorised representative have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or his authorised representative, extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.
PART IVIn Vitro Diagnostic Medical Devices
Interpretation of Part IVE25
F28632.β(1) In this Part ...β
βaccessoryβ means an article intended specifically by its manufacturer to be used together with an in vitro diagnostic medical device to enable that device to be used in accordance with its intended purpose, which is notβ
(a)itself an in vitro diagnostic medical device;
(b)an invasive sampling medical device; or
(c)a medical device which is directly applied to the human body for the purpose of obtaining a specimen;
βcalibration and control materialβ means any substance, material or article intended by its manufacturer either to establish measurement relationships or to verify the performance characteristics of a relevant device in conjunction with the intended use of that device;
[F287βcommon technical specificationβ means a technical specification set out in the Annex to Commission Decision 2002/364/EC (as retained under section 3 of the European Union Withdrawal Act 2018 and modified under section 8 of that Act) for a relevant device referred to in a list in Annex II;F287]
βdevice for self-testingβ means anin vitro diagnostic medical device which is intended by its manufacturer to be able to be used by a member of the public in a home environment; and
βrelevant deviceβ shall be construed in accordance with regulation 33(1);
F286(2) In this Part ..., a reference to a numbered article or Annex is to the article or Annex of Directive 98/79 bearing that number.
Interpretation of Part IVE73
F62932.β(1) In this Part ...β
βaccessoryβ means an article intended specifically by its manufacturer to be used together with an in vitro diagnostic medical device to enable that device to be used in accordance with its intended purpose, which is notβ
(a)itself an in vitro diagnostic medical device;
(b)an invasive sampling medical device; or
(c)a medical device which is directly applied to the human body for the purpose of obtaining a specimen;
βcalibration and control materialβ means any substance, material or article intended by its manufacturer either to establish measurement relationships or to verify the performance characteristics of a relevant device in conjunction with the intended use of that device;
βcommon technical specificationβ means a technical specification for a relevant device referred to in a list in Annex II which has been adopted in accordance with the procedure set out in article 7(2) and published in the Official Journal of the [F630European UnionF630] ;
βdevice for self-testingβ means anin vitro diagnostic medical device which is intended by its manufacturer to be able to be used by a member of the public in a home environment; and
βrelevant deviceβ shall be construed in accordance with regulation 33(1);
F629(2) In this Part ..., a reference to a numbered article or Annex is to the article or Annex of Directive 98/79 bearing that number.
Scope of Part IV
(a)products manufactured and used within the same health institution and either on the premises of their manufacture or on premises in the immediate vicinity without having been transferred to another legal entity; [F289andF289]
(b)[F290devices that come within the scope of Directive 98/79 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, and
(i)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it, and
(ii)the manufacturer chooses to follow the set of arrangements in the other Directive.F290]
(2) The requirements of this Part in respect of devices for performance evaluation do not apply in respect ofβ
(a)products manufactured and used only within the same health institution and either on the premises of their manufacture or on premises in the immediate vicinity without having been transferred to another legal entity; [F291andF291]
(b)[F292devices that come within the scope of Directive 98/79 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, and
(i)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it, and
(ii)the manufacturer chooses to follow the set of arrangements in the other Directive.F292]
[F293Registration etc. of persons placing in vitro diagnostic medical devices on the market
33A.β(1)No person may place a relevant device on the market in accordance with this Part unless that personβ
(a)is established in Great Britain; and
(b)has complied with paragraph (2).
(2)A person who places a relevant device on the market complies with this paragraph if, before placing the relevant device on the marketβ
(a)whereβ
(i)that person is the manufacturer of that device and is based in Great Britain, the person informs the Secretary of State of the address of their registered place of business in Great Britain;
(ii)that person is the manufacturer of that device and is based outside the United Kingdom, the manufacturer appoints a sole UK responsible person, and that UK responsible person provides the Secretary of State with written evidence that they have the manufacturerβs authority to act as their UK responsible person; or
(iii)that person is not the manufacturer of the device, the address of that personβs registered place of business in Great Britain has been provided to the Secretary of State by the manufacturer or the UK responsible person;
(b)that person supplies the Secretary of State withβ
(i)a description of the relevant device; and
(ii)the relevant information in paragraph (4); and
(c)that person pays to the Secretary of State the relevant fee in accordance with regulation 53.
(2A)The person responsible for providing information in accordance with paragraph (2) must inform the Secretary of State of any changes to that information.
(3) The UK responsible person appointed in accordance with paragraph (2)(a)(ii) mustβ
(a)ensure that the declaration of conformity and technical documentation have been drawn up and, where applicable, that an appropriate conformity assessment procedure has been carried out by the manufacturer;
(b)keep available for inspection by the Secretary of State a copy of the technical documentation, a copy of the declaration of conformity and, if applicable, a copy of the relevant certificate, including any amendments and supplements;
(c)in response to a request from the Secretary of State, provide the Secretary of State with all the information and documentation necessary to demonstrate the conformity of a device;
(d) where they have samples of the device or access to the device, comply with any request from the Secretary of State to provide such samples or access;
(e)where they have neither samples of the device nor access to the device, communicate to the manufacturer any request from the Secretary of State to provide such samples or access, and communicate to the Secretary of State whether the manufacturer intends to comply with that request;
(f)cooperate with the Secretary of State on any preventive or corrective action taken to eliminate or, if that is not possible, mitigate the risks posed by devices;
(g)immediately inform the manufacturer about complaints and reports from healthcare professionals, patients and users about suspected incidents related to a device for which they have been appointed;
(h)if the manufacturer acts contrary to its obligations under these Regulationsβ
(i)terminate the legal relationship with the manufacturer; and
(ii)inform the Secretary of State and, if applicable, the relevant approved body of that termination.
(4)In this regulation βrelevant informationβ meansβ
(a)in relation to a new relevant device, a statement indicating that the device is a new relevant device;
(b)if the device consists wholly or partly of reagents, reagent products or calibration and control materials, appropriate information in terms of common technological characteristics and analytes;
(c)if the device does not wholly or partly consist of reagents, reagent products or calibration and control materials, the appropriate indications;
(d)in relation to devices in a list in Annex II and devices for self-testingβ
(i)all data allowing for identification of such devices, the analytical and, where appropriate, diagnostic parameters as referred to in Section 3 of Part A of Annex 1;
(ii)if requested by the Secretary of State, the labelling and instructions for use for when the device is placed on the market or put into service;
(e)in relation to devices for performance evaluation which relate either to devices referred to in a list in Annex II or to devices for self-testing, all data allowing for identification of such devices, the analytical and where appropriate, diagnostic parameters as referred to in Section 3 of Part A of Annex I.
(5)Within two years of the placing of a new relevant device on the market, the Secretary of State may, where the Secretary of State considers it justified, request a report relating to the experience gained with the device subsequent to it being placed on the market.
(6)In this regulation a device is a βnew relevant deviceβ ifβ
(a)there has been no such device continuously available on the United Kingdom or EEA market during the previous three years for the relevant analyte or other parameter; or
(b)use of the device has involved analytical technology not continuously used in connection with a given analyte or other parameter on the United Kingdom or EEA market during the previous three years.
(7) In paragraph (3)β
(a)the references to βtechnical documentationβ are to be construed in accordance with Annexes III to VIII;
(b)the references to βdeclaration of conformityβ are to be construed in accordance with Annexes III, IV, V and VII.F293]
Essential requirements for in vitro diagnostic medical devices
34.β(1) Subject to regulation 39, no person shall place on the market or put into service a relevant device unless that device meets those essential requirements set out in Annex I which apply to it.
(2) Subject to regulation 39, no person shall supply a relevant deviceβ
(a)if that supply is also a placing on the market or putting into service of that device; or
(b)in circumstances where that device has been placed on the market or put into service, unless that device meets those essential requirements set out in Annex I which apply to it.
[F294Approval requirement for coronavirus test devices
(a)the Secretary of State has approved it in accordance with regulation 38A(5); and
(b)the approval remains valid in accordance with regulation 38A(6).
(2)Subject to regulations [F29634B to 34DF296], 39(1) and 39A, no person other than the Secretary of State may supply a coronavirus test deviceβ
(a)if that supply is also a placing on the market or putting into service of that device; or
(b)in circumstances where that device has been placed on the market or put into service,
unless the Secretary of State has approved it in accordance with regulation 38A(5) and the approval remains valid in accordance with regulation 38A(6).
(3)The requirements in paragraphs (1) and (2) are without prejudice to the other requirements of this Part.
Public sector use of coronavirus test devices
(a)the Secretary of State;
(b)a devolved public health body; or
(c)a health service body supplied pursuant to an existing contract.
(2)Regulation 34A(2) does not apply in relation to a coronavirus test device that is supplied toβ
(a)the Secretary of State;
(b)a devolved public health body; or
(c)a health service body pursuant to an existing contract.
(3)In this regulationβ
βa devolved public health bodyβ isβ
in Wales, Welsh Ministers or Public Health Wales National Health Service Trust;
in Scotland, Scottish Ministers;
in Northern Ireland, the Department of Health in Northern Ireland;
βan existing contractβ is a contract entered into before the coming into force of regulation 34A;
βa health service bodyβ isβ
an NHS body as defined in section 275 of the National Health Service Act 2006 or in section 206 of the National Health Service (Wales) Act 2006;
a body listed in section 17A(2)(a) to (c) or (e) of the National Health Service (Scotland) Act 1978; or
a health and social care body as defined in section 1(5)(a) to (e) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Transitional provisions for coronavirus test devices
34C.β(1)The requirements in regulation 34A do not apply in respect of any period before 1st September 2021.
(2)A person may place on the market, put into service or supply a coronavirus test device from 1st September 2021 until the end of 31st October 2021 ifβ
(a)that person has made an application to the Secretary of State in respect of that device, in accordance with regulation 38A; or
(b)that person is notβ
(i)the manufacturer of the device,
(ii)a person acting as the manufacturerβs UK responsible person appointed for the purposes of regulation 33A or under regulation 44A, or
(iii)a person acting as the manufacturerβs authorised representative in Northern Ireland in accordance with regulation 44.F294]
[F297Exemption for coronavirus test devices in conformity with Regulation (EU) 2017/746 and Regulation (EU) 2022/1107
34D.Regulation 34A does not apply in Northern Irelandβ
(a)in relation to a coronavirus test device that is in conformity with Regulation (EU) 2017/746 and the common specifications set out in Annex I and XIII to Regulation (EU) 2022/1107;
(b)after 24 July 2024, in relation to a coronavirus test device that is in conformity with Regulation (EU) 2017/746.F297]
Determining compliance of in vitro diagnostic medical devices with relevant essential requirementsE26
35.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
F298(2) In order to meet the essential requirements set out in Section 8 of Part B of Annex I, the information to be provided under that Section must be in English ... .
(3) A relevant device shall be presumed to comply with an essential requirement if it conforms as respects that requirement to a relevant [F299designated standardF299] .
(4) A relevant device shall be treated as complying with an essential requirement in respect of which there is an applicable common technical specification only if it is in conformity with that specification or, if for duly justified reasons the manufacturer has not complied with that specification, an equivalent or higher specification.
Determining compliance of in vitro diagnostic medical devices with relevant essential requirementsE74
35.β(1) In determining which are the relevant essential requirements for a particular relevant device, and whether or not it complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
(2) In order to meet the essential requirements set out in Section 8 of Part B of Annex I, the information to be provided under that Section must be in English if the device may reach a final user in [F631Northern IrelandF631] , unlessβ
(a)the Secretary of State, to the extent that Directive 98/79 allows him to do so, has authorised the use of another Community language or more than one other Community language; or
(b)the relevant device is a device for self-testing, in which case the instructions for use and the label must include a translation into the official language of any member State of the Community in which the device reaches a final user.
(3) A relevant device shall be presumed to comply with an essential requirement if it conforms as respects that requirement to a relevant national standard.
(4) A relevant device shall be treated as complying with an essential requirement in respect of which there is an applicable common technical specification only if it is in conformity with that specification or, if for duly justified reasons the manufacturer has not complied with that specification, an equivalent or higher specification.
[F300UK markingF300] of in vitro diagnostic medical devicesE27
36.β(1) Subject to regulation 39, no person shall place on the market or put into service a relevant device unless, where practical and appropriate, that device bears a [F301UK markingF301] whichβ
(a)meets the requirements set out in [F302Annex 2 of Regulation 765/2008F302] ;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F303approved bodyF303] or conformity assessment body identification number for that device.
(2) Subject to regulation 39, no person shall supply a relevant device unless, where practical and appropriate, that device bears a [F301UK markingF301] whichβ
(a)meets the requirements set out in [F302Annex 2 of Regulation 765/2008F302] ;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant [F303approved bodyF303] or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulation 39, no person shall place on the market or put into service a relevant device unless a [F301UK markingF301] , meeting the requirements set out in [F302Annex 2 of Regulation 765/2008F302] , appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for that device,
and that [F301UK markingF301] is accompanied by any relevant [F303approved bodyF303] or conformity assessment body identification number for that device.
(4) Subject to regulation 39, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless a [F301UK markingF301] , meeting the requirements set out in [F302Annex 2 of Regulation 765/2008F302] , appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for that device,
and that [F301UK markingF301] is accompanied by any relevant [F303approved bodyF303] or conformity assessment body identification number for that device.
(5) Subject to regulation 39, no person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device;
(b)the instructions for use for a relevant device; or
(c)any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the [F301UK markingF301] or which reduces the visibility or the legibility of the [F301UK markingF301] .
[F304(6)In this regulation, where a device is required to bear a UK marking which meets the requirements of Annex 2 of Regulation (EU) No 765/2008, the requirement as to the minimum size of the UK marking specified in section 3 of that Annex is to be understoodβ
(a)as not applying where, having regard to the small size of the device, it is not possible for the device to bear a marking of that minimum size; and
(b)as allowing a device to bear a UK marking of a size less than that minimum size provided that mark continues to meet the requirements as to visibility, legibility and indelibility in paragraphs (1) and (2).F304]
CE marking of in vitro diagnostic medical devicesE75
36.β(1) Subject to regulation 39, no person shall place on the market or put into service a relevant device unless, where practical and appropriate, that device bears a CE marking whichβ
(a)meets the requirements set out in Annex X;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(2) Subject to regulation 39, no person shall supply a relevant device unless, where practical and appropriate, that device bears a CE marking whichβ
(a)meets the requirements set out in Annex X;
(b)is in a visible, legible and indelible form; and
(c)is accompanied by any relevant notified body or conformity assessment body identification number for that device,
if that supply is also a placing on the market or putting into service or if that supply is of a device that has been placed on the market or put into service.
(3) Subject to regulation 39, no person shall place on the market or put into service a relevant device unless a CE marking, meeting the requirements set out in Annex X, appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for that device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(4) Subject to regulation 39, no person shall supply a relevant device (if that supply is also a placing on the market or putting into service, or if that supply is of a device that has been placed on the market or put into service) unless a CE marking, meeting the requirements set out in Annex X, appears onβ
(a)any sales packaging for that device; and
(b)the instructions for use for that device,
and that CE marking is accompanied by any relevant notified body or conformity assessment body identification number for that device.
(5) Subject to regulation 39, no person shall affix any mark or inscription to, or provide any information comprising a mark or inscription onβ
(a)a relevant device;
(b)the instructions for use for a relevant device; or
(c)any sales packaging for a relevant device,
which is likely to mislead a third party with regard to the meaning or the graphics of the CE marking or which reduces the visibility or the legibility of the CE marking.
[F305UK(NI) indication: in vitro diagnostic medical devices
36A.β(1)Where the CE marking referred to in regulation 36 is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the device, in accordance with this regulation.
(2)The UK(NI) indication must be affixedβ
(a)visibly, legibly and indelibly; and
(b)before a relevant medical device is placed on the market in Northern Ireland.
(3)The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 36.
[F306(3A)The UK(NI) indication may be less than 5mm high provided that it is the same height as the CE marking that it accompanies.F306]
(4)The UK(NI) indication must be affixed by the manufacturer.
(5)Anyone who places a medical device on the market in Northern Ireland must ensure that the manufacturer has complied with their obligations under this regulation.
(6)No person shall supply a relevant device unless the manufacturer has affixed a UK(NI) indication as required by this regulation, if that supply is also a placing on the market or putting into service, or that supply is of a device that has been placed on the market or put into service.F305]
[F307UK marking of in vitro diagnostic devices that come within the scope of this Part and other legislationE28
37.Where a relevant device (within the meaning of this Part) comes within the scope of this Part and other product safety or health and safety legislation (βthe other legislationβ) a person must not affix a UK marking to the device unless the relevant requirements of the other legislation are also satisfied.F307]
CE marking of in vitro diagnostic medical devices that come within the scope of more than one DirectiveE76
37. Where a relevant device comes within the scope of Directive 98/79 and another Directive (βthe other Directiveβ) issued by one or more of the institutions of the Community, no person shall affix a CE marking to the device unless the relevant requirements of the other Directive are satisfied, except whereβ
(a)the other Directive includes a provision allowing the manufacturer of the device to choose, during a transitional period that has not ended, which set of arrangements applies to it;
(b)the manufacturer chooses to follow the set of arrangements in Directive 98/79;
(c)the marking of the device indicates that the device only satisfies the set of arrangements chosen by the manufacturer; and
(d)the particulars of Directive 98/79, as published in the Official Journal of the [F632European UnionF632] , are given in the documents, notices or instructions accompanying the device.
In vitro diagnostic medical devices not ready for use
38. Subject to regulation 39, no person shallβ
(a)put into service a relevant device;
(b)supply a relevant deviceβ
(i)if that supply is also a putting into service of that device, or
(ii)in circumstances where that device has been placed on the market or put into service,
which is not ready for use.
[F308Applications for approval of coronavirus test devices
(2)An application must include such information as the Secretary of State may require for the purposes of exercising their functions underβ
(a)paragraph (5); and
(b)regulation 38C.
(3)An application must be made through the gov.uk website.
(4)The Secretary of State may treat an application made before the coming into force of this regulation as an application made under this regulation, if it meets the requirements of paragraph (2).
(5)The Secretary of State must approve a coronavirus test device if the Secretary of State is satisfied on the basis of the information contained in the application that the coronavirus test device meets the requirements of regulation 38B.
(6)An approval granted under paragraph (5) is valid for a period of 5 years, beginning with the day on which it is granted.
(7)Nothing in this regulation shall be taken to preventβ
(a)the Secretary of State;
(b)a weights and measures authority in Great Britain; or
(c)a district council in Northern Ireland,
from exercising a duty under regulation 61 to enforce these Regulations.
Performance requirements for coronavirus test devices
(2)A coronavirus test device must be able to be put into service in accordance with this Part.
(3)A coronavirus test device that is an antigen test must haveβ
(a)a level of sensitivity, using a 95% two-sided confidence interval, that is entirely above 60%;
(b)a level of specificity, using a 95% two-sided confidence interval, that is entirely above 93%.
(4)A coronavirus test device that is a direct molecular test must haveβ
(a)a level of sensitivity, using a 95% two-sided confidence interval, that is entirely above 70%;
(b)a level of specificity, using a 95% two-sided confidence interval, that is entirely above 93%.
(5)A coronavirus test device that is an extracted molecular test must haveβ
(a)a level of sensitivity, using a 95% two-sided confidence interval, that is entirely above 93%;
(b)a level of specificity, using a 95% two-sided confidence interval, that is entirely above 97%.
(6)Where a coronavirus test device is also intended to detect the presence of anything other than a viral antigen or viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the requirements in paragraphs (2) to (5) apply only in relation to its performance in detecting the presence of that viral antigen or viral ribonucleic acid (RNA).
(7)In this regulation and in regulation 38Cβ
βantigen testβ means an in vitro diagnostic medical device for the detection of the presence of a viral antigen specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
βdirect molecular testβ means an in vitro diagnostic medical device whichβ
is for the detection of the presence of viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and
does not use a preliminary step of purification and concentration;
βextracted molecular testβ means an in vitro diagnostic medical device whichβ
is for the detection of the presence of viral ribonucleic acid (RNA) specific to severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and
uses a preliminary step of purification and concentration;
βsensitivityβ, in relation to a coronavirus test device, means the proportion of true positives that are correctly identified by the test, calculated using the equationβ
βspecificityβ, in relation to a coronavirus test device, means the proportion of true negatives that are correctly identified by the test, calculated using the equationβ
Register of approved coronavirus test devices
(2)The Secretary of State must publish the register on the gov.uk website.
(3)The register must contain the following information in respect of each coronavirus test deviceβ
(a)the name and address of the registered place of business of the person who made the application under regulation 38A;
(b)if the person who made the application was not the manufacturer, the name and address of the registered place of business of the manufacturer;
(c)the country in which the manufacturer is established;
(d)the name and address of the registered place of business of the UK responsible person or the manufacturerβs authorised representative having a registered place of business in Northern Ireland, if there is one in respect of the device;
(e)the name and description of the coronavirus test device;
(f)the date and version number of the instructions for use included in the application;
(g)whether the coronavirus test device is an antigen test, a direct molecular test, or an extracted molecular test;
(h)the date on which the coronavirus test device was approved in accordance with regulation 38A and the date on which that approval ceases to be valid.
(4)The register may contain such other information relating to the coronavirus test device and its intended use as the Secretary of State considers appropriate.F308]
Exemptions from [F309this PartF309]E29
39.β(1) A relevant device being shown at a trade fair, exhibition, scientific gathering or technical gathering is not being placed on the market or put into service ifβ
(a)the device is not used on any specimen taken from the participants; and
(b)F310a visible sign clearly indicates that the device cannot be marketed or put into service until it complies with the requirements of ... these Regulations.
(2) Regulations 34, 36 and 38 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a [F311UK markingF311] , where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
[F312(3)Regulations 34 and 36 do not apply where the Secretary of State directs that a relevant device, or a class of relevant devices, which meets other requirements or standards or which is marked other than with a UK marking which the Secretary of State determines is equivalent to the requirements and standards imposed by regulations 34 and 36, may be placed on the market.
(4)In paragraph (3), the Secretary of State, in determining whether a standard or requirement or marking (βthe other standardβ) is equivalent to a standard or requirement imposed by regulations 34 and 36, must be satisfied that the other standard imposes a degree of safety and quality equivalent to that imposed by those regulations.F312]
Exemptions from regulations 34, 36 and 38E77
39.β(1) A relevant device being shown at a trade fair, exhibition, scientific gathering or technical gathering is not being placed on the market or put into service ifβ
(a)the device is not used on any specimen taken from the participants; and
(b)a visible sign clearly indicates that the device cannot be marketed or put into service until it complies with the requirements of Directive 98/79 or these Regulations.
(2) Regulations 34, 36 and 38 shall not apply where, following a duly justified request and in the interests of the protection of health, the Secretary of State has authorised, where appropriate for a specified period, the placing on the market or putting into service of a particular relevant device or relevant devices of a particular class or description without a CE marking, where appropriate subject to conditions (which are complied with), and has not withdrawn that authorisation.
[F313Exemptions for coronavirus test devices
39A.β(1)Regulation 34A does not apply where, in circumstances which give rise to a need to protect the public from a risk of serious harm to health, the Secretary of Stateβ
(a)has decided to permit, where appropriate for a specified period, the placing on the market or putting into service of a particular coronavirus test device or coronavirus test devices of a particular class or description that has not been approved under regulation 38A(5); and
(b)has not withdrawn that permission.
(2)The Secretary of State may give permission under paragraph (1) subject to such conditions as are set out in a protocol published by the Secretary of State.
(3)If the Secretary of State publishes a protocol for the purpose of paragraph (2), the protocol must specify the period of time for which it has effect.
(4)The Secretary of State may withdraw or amend a protocol published under paragraph (2).F313]
Procedures for affixing a [F314UK markingF314] to in vitro diagnostic medical devicesE30
40.β(1) A relevant device other than a device referred to in the lists in Annex II or a device for self-testing may bear a [F315UK markingF315] only if its manufacturer or [F316their UK responsible personF316] β
(a)fulfils the applicable obligations imposed by Sections 1 to 5 of Annex III;
(b)declares, in accordance with the declaration of conformity procedure set out in that Annex, that the device meets the provisions of [F317this PartF317] which apply to it; and
(c)ensures that the device meets the provisions of [F317this PartF317] which apply to it.
(2) A relevant device which is a device for self-testing but which is not referred to in a list in Annex II may bear a [F315UK markingF315] only if its manufacturer or [F316their UK responsible personF316] β
(a)fulfils the applicable obligations imposed byβ
(i)Sections 1 to 6 of Annex III,
(ii)Annex IV, or
(iii)Annex V and either Annex VI or Annex VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F317this PartF317] which apply to it; and
(c)ensures that the device meets the provisions of [F317this PartF317] which apply to it.
(3) A relevant device referred to in List A in Annex II may bear a [F315UK markingF315] only if its manufacturer or [F316their UK responsible personF316] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex IV, or
(ii)Annexes V and VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F317this PartF317] which apply to it; and
(c)ensures that the device meets the provisions of [F317this PartF317] which apply to it.
(4) A relevant device referred to in List B in Annex II may bear a [F315UK markingF315] only if its manufacturer or [F316their UK responsible personF316] β
(a)fulfils the applicable obligations imposed byβ
(i)Annex IV,
(ii)Annexes V and VI, or
(iii)Annexes V and VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of [F317this PartF317] which apply to it; and
(c)ensures that the device meets the provisions of [F317this PartF317] which apply to it.
Procedures for affixing a CE marking to in vitro diagnostic medical devicesE78
40.β(1) A relevant device other than a device referred to in the lists in Annex II or a device for self-testing may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed by Sections 1 to 5 of Annex III;
(b)declares, in accordance with the declaration of conformity procedure set out in that Annex, that the device meets the provisions of Directive 98/79 which apply to it; and
(c)ensures that the device meets the provisions of Directive 98/79 which apply to it.
(2) A relevant device which is a device for self-testing but which is not referred to in a list in Annex II may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Sections 1 to 6 of Annex III,
(ii)Annex IV, or
(iii)Annex V and either Annex VI or Annex VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 98/79 which apply to it; and
(c)ensures that the device meets the provisions of Directive 98/79 which apply to it.
(3) A relevant device referred to in List A in Annex II may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex IV, or
(ii)Annexes V and VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 98/79 which apply to it; and
(c)ensures that the device meets the provisions of Directive 98/79 which apply to it.
(4) A relevant device referred to in List B in Annex II may bear a CE marking only if its manufacturer or his authorised representativeβ
(a)fulfils the applicable obligations imposed byβ
(i)Annex IV,
(ii)Annexes V and VI, or
(iii)Annexes V and VII;
(b)declares, in accordance with a declaration of conformity procedure set out in those Annexes, that the device meets the provisions of Directive 98/79 which apply to it; and
(c)ensures that the device meets the provisions of Directive 98/79 which apply to it.
Manufacturers etc. and conformity assessment procedures for in vitro diagnostic medical devicesE31
41.β(1) A manufacturer of a relevant device or, where applicable, [F318their UK responsible personF318] who is required to follow, or follows or has followed a conformity assessment procedure set out in [F319this PartF319] shall observe the manufacturerβs obligations set out in that procedure [F320that apply to the manufacturer or, as the case may be, their UK responsible personF320] .
(2) A manufacturer of a relevant device or, where applicable, [F318their UK responsible personF318] shall, when following a conformity assessment procedure, take account of the results of any assessment or verification operations which have been carried out in accordance with [F319this PartF319] at an intermediate stage of manufacture of the device.
(3) A manufacturer or, where applicable, [F318their UK responsible personF318] shall, in respect of any relevant device which the manufacturer has placed on the market or put into service, keep available for inspection by the Secretary of Stateβ
(a)the declaration of conformity for that device;
(b)the technical documentation referred to in Annexes III to VIII relating to that device; and
(c)the decisions, reports and certificates of [F321approved bodiesF321] relating to that device,
for a period ending five years after the manufacture of the last product.
M6(4) A person who in the course of manufacturing relevant devices or devices for performance evaluation removes, collects, or uses tissues, cells or substances of human origin shall, in the course of removing, collecting or using those tissues, cells or substances act in accordance with the principles laid down in the Convention of the Council of Europe for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine .
F322(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manufacturers etc. and conformity assessment procedures for in vitro diagnostic medical devicesE79
41.β(1) A manufacturer of a relevant device or, where applicable, his authorised representative who is required to follow, or follows or has followed a conformity assessment procedure set out in Directive 98/79 shall observe the manufacturerβs obligations set out in that procedure that apply to him.
(2) A manufacturer of a relevant device or, where applicable, his authorised representative shall, when following a conformity assessment procedure, take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 98/79 at an intermediate stage of manufacture of the device.
(3) A manufacturer or, where applicable, his authorised representative shall, in respect of any relevant device which the manufacturer has placed on the market or put into service, keep available for inspection by the Secretary of Stateβ
(a)the declaration of conformity for that device;
(b)the technical documentation referred to in Annexes III to VIII relating to that device; and
(c)the decisions, reports and certificates of notified bodies relating to that device,
for a period ending five years after the manufacture of the last product.
M18(4) A person who in the course of manufacturing relevant devices or devices for performance evaluation removes, collects, or uses tissues, cells or substances of human origin shall, in the course of removing, collecting or using those tissues, cells or substances act in accordance with the principles laid down in the Convention of the Council of Europe for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine .
(5) Until the European databank referred to in article 12 has been established, the manufacturer or, where applicable, his authorised representative shall, in respect of any relevant device which the manufacturer has placed on the market [F633in Northern IrelandF633] , provide the Secretary of State with the data referred to in article 12(1)(a), and that data shall be provided in English.
[F323Approved bodiesF323] and the conformity assessment procedures for in vitro diagnostic medical devices
42.β(1)[F324An approved bodyF324] which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)F325take account of the results of any assessment or verification operations which have been carried out ... at an intermediate stage of manufacture of the device;
(b)F326take account of any relevant information relating to the characteristics and performance of that device, ...; and
(c)lay down, by common accord with the manufacturer or [F327their UK responsible personF327] , the time limits for completion of the assessment and verification operations referred to in Annexes III to VII.
(2) Where [F328an approved bodyF328] takes a decision in accordance with Annex III, IV, or V, they shall specify the period of validity of the decision, which, initially, shall be a period of not more than 5 years.
(3) Where [F329an approved bodyF329] and a manufacturer or [F330their UK responsible personF330] have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or [F330their UK responsible personF330] , extend the period of validity of the decision for further periods of up to 5 years, each such period commencing on the expiry of the previous period.
UK notified bodies and the conformity assessment procedures for in vitro diagnostic medical devices
42.β(1) A UK notified body which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedureβ
(a)take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 98/79 at an intermediate stage of manufacture of the device;
(b)take account of any relevant information relating to the characteristics and performance of that device, including in particular the results of any relevant tests and verification relating to that device already carried out before 7th June 2000; and
(c)lay down, by common accord with the manufacturer or his authorised representative, the time limits for completion of the assessment and verification operations referred to in Annexes III to VII.
(2) Where a UK notified body takes a decision in accordance with Annex III, IV, or V, they shall specify the period of validity of the decision, which, initially, shall be a period of not more than 5 years.
(3) Where a UK notified body and a manufacturer or his authorised representative have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or his authorised representative, extend the period of validity of the decision for further periods of up to 5 years, each such period commencing on the expiry of the previous period.
Devices for performance evaluationE32
43. No person shall supply a device for performance evaluation (if that supply is also a making available of the device) unless the manufacturer or [F331their UK responsible personF331] β
(a)has drawn up a statement containing the information required by Section 2 of Annex VIII and keeps that statement available for the Secretary of State for a minimum period of five years after the end of the performance evaluation;
(b)ensures thatβ
(i)the device conforms with the documentation mentioned in the said section 2, and
(ii)the relevant requirements of [F332these RegulationsF332] are complied with as respects that device; and
(c)undertakes to keep available, and keeps available, for the Secretary of State, for a minimum period of five years after the end of the performance evaluation, documentation allowing an understanding of the design, manufacture and performances of the device, including the expected performances, so as to allow assessment of conformity of the device with the requirements of these Regulations.
Devices for performance evaluationE80
43. No person shall supply a device for performance evaluation (if that supply is also a making available of the device) unless the manufacturer or his authorised representativeβ
(a)has drawn up a statement containing the information required by Section 2 of Annex VIII and keeps that statement available for the Secretary of State for a minimum period of five years after the end of the performance evaluation;
(b)ensures thatβ
(i)the device conforms with the documentation mentioned in the said section 2, and
(ii)the relevant requirements of the Directive are complied with as respects that device; and
(c)undertakes to keep available, and keeps available, for the Secretary of State, for a minimum period of five years after the end of the performance evaluation, documentation allowing an understanding of the design, manufacture and performances of the device, including the expected performances, so as to allow assessment of conformity of the device with the requirements of these Regulations.
[[F333,F334Registration of persons placing in vitro diagnostic medical devices on the market or for performance evaluation
44.β(1)Paragraph (2) appliesβ
(a)in relation to relevant devices that are Annex II devices or devices for self-testing, toβ
(i)a manufacturer with a registered place of business in Northern Ireland who, under their own name, places on the market in Northern Ireland, or makes available for performance evaluation, any relevant device;
F335(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)a manufacturerβs authorised representative who has a registered place of business in Northern Ireland;
(iv)a manufacturer with a registered place of business in Great Britain whose authorised representative does not have a registered place of business in Northern Ireland;
(b)in relation to relevant devices other than Annex II devices or devices for self-testing, toβ
(i)a manufacturer who places a device on the Northern Ireland market, or makes such a device available for performance evaluation, and has a registered place of business in Northern Ireland;
(ii)an authorised representative with a registered place of business in Northern Ireland.
(2)For the purpose of enabling the Secretary of State to exercise the Secretary of Stateβs functions under these Regulations, any person to whom this paragraph applies mustβ
(a)inform the Secretary of State of the address of their registered place of business; and
(b)supply the Secretary of State withβ
(i)a description of each category of device concerned;
(ii)the relevant information in paragraph (7);
F336(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)in the case of an authorised representative, supply the Secretary of State withβ
(i)written evidence that they have been designated as an authorised representative;
(ii)details of the person who has so designated them; and
(iii)where the person placing the devices concerned on the market, or making them available for performance evaluation, is neither the manufacturer nor the authorised representative, the name and address of the registered place of business of the person placing the devices concerned on the market, or making them available for performance evaluation;
(e)inform the Secretary of State of any changes to the information referred to in sub-paragraphs (a) to (d) as and when such changes arise.
(3)The obligation in paragraph 2(2)(e) to inform the Secretary of State of any changes in relation to the information referred to in sub-paragraphs (2)(a) to (d) continues to apply following the passing of any of the dates specified in paragraph (4) that apply in respect of a particular case.
(4)The obligations in paragraph (2) begin to applyβ
(a)where a device is being placed on the market by a manufacturer with a registered place of business in Northern Ireland or by a person who has designated an authorised representative with a registered place of business in Northern Ireland, on 1st January 2021;
(b)in circumstances other than those described in sub-paragraph (a)β
(i)in the case of a relevant device that is a List A device, on 1st May 2021;
(ii)in the case of a relevant device that is a device for self-testing, on 1st September 2021; and
(iii)in the case of a relevant device that is a List B device, on 1st September 2021.
F337(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F338(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this regulation βrelevant informationβ meansβ
(a)in relation to a new relevant device, a statement indicating that the device is a new relevant device;
(b)if the device consists wholly or partly of reagents, reagent products or calibration and control materials, appropriate information in terms of common technological characteristics and analytes;
(c)if the device does not wholly or partly consist of reagents, reagent products or calibration and control materials, the appropriate indications;
(d)in relation to devices in a list in Annex II and devices for self-testingβ
(i)all data allowing for identification of such devices, the analytical and, where appropriate, diagnostic parameters as referred to in Section 3 of Part A of Annex 1;
(ii)if requested by the Secretary of State, the labelling and instructions for use for when the device is placed on the market or put into service;
(e)in relation to devices for performance evaluation which relate either to devices referred to in a list in Annex II or to devices for self-testing, all data allowing for identification of such devices, the analytical and where appropriate, diagnostic parameters as referred to in Section 3 of Part A of Annex I.
(8)Within two years of the placing of a new relevant device on the market, the Secretary of State may, where the Secretary of State considers it justified, request a report relating to the experience gained with the device subsequent to it being placed on the market.
(9)In paragraphs (7) and (8) a device is a βnew relevant deviceβ ifβ
(a)there has been no such device continuously available on the United Kingdom or EEA market during the previous three years for the relevant analyte or other parameter; or
(b)use of the device has involved analytical technology not continuously used in connection with a given analyte or other parameter on the United Kingdom or EEA market during the previous three years.F334,F333]]
[[F339,F340Obligations in Part IV which are met by complying with obligations in Directive 98/79
44ZAβ(1)In this regulationβ
(a)any reference to an Article or Annex is a reference to that Article or Annex in Directive 98/79 as [F341it had effect on 25 May 2022F341];
(b)βRegulation 722/2012β means Commission Regulation (EU) 722/2012 as it applies in the European Union;
(c)βCE markingβ means the CE marking required by Article 16 and shown in Annex X;
(d)βharmonised standardβ is to be construed in accordance with Article 5.
(2)Where paragraph (3) applies regulations 34, 36(1) to (4), 37 and 40 are treated as being satisfied.
(3)[F342Subject to to paragraph (3A),F342] this paragraph applies where, before placing a relevant device on the market, the manufacturerβ
(a)ensuresβ
(i)that the device meets the essential requirements set out in Annex I and, where applicable, Regulation (EU) 722/2012, which apply to it; or
(ii)that paragraphs (6) and (7) apply;
(b)ensures that the relevant conformity assessment procedure that applies to the device has been carried out in accordance with Article 9;
[F343(ba)ensures that any certificate issued by a notified body in connection with that conformity assessment procedure is valid by virtue of Article 110(2) of Regulation (EU) 2017/746;F343]
(c)ensures that the documentation required by the relevant conformity assessment procedure is drawn up;
(d)ensures that the technical and other relevant documentation required by a relevant conformity assessment procedure is prepared in or translated into English;
(e)affixes a CE marking and, where applicable, the identification number of the notified body which carried out the relevant conformity assessment on the device in accordance with the procedure set out in Annexes III, IV, V, VI or VII;
(f)[F344has drawn up before 26 May 2022F344] an EU Declaration of Conformity in accordance with Article 9;
(g)ensures that the declaration of conformity is prepared in or translated into English.
[F345(3A)Paragraph (3) only applies to a relevant device for which the conformity assessment procedure under Article 9 did not require the involvement of a notified body, if the conformity assessment procedure for that device under Article 48 of Regulation (EU) 2017/746 would require the involvement of a notified body.F345]
(4)Where paragraph (5) applies, regulation 43 is treated as being satisfied.
(5)This paragraph applies where before a relevant device intended for performance evaluation is made available in Great Britain for the purpose of a performance evaluation, the manufacturerβ
(a)has supplied the relevant written notice which must be in English in the form required by Sections 1 and 2 of Annex VIII;
(b)has provided an undertaking to the Secretary of State to keep available the documentation required by Annex VIII for the period specified in Section 3 of Annex VIII;
(c)has taken all necessary measures to ensure that the manufacturing process for the device produces devices in accordance with the documentation referred to in the first paragraph of Section 3 of Annex VIII.
(6)Where paragraph (7) applies, a relevant device referred to in that paragraph is also treated as complying with the relevant essential requirements referred to in regulation 35(3) and (4).
(7)This paragraph applies whereβ
(a)a relevant device conforms with a harmonised standard or part of a harmonised standard, which corresponds exactly to a designated standard or part of a designated standard; or
(b)a relevant device is in conformity with a common technical specification.
(8)For the purpose of this regulation in regulations 36(5), 51 and 61(8), each reference to βUK markingβ is to be read as a reference to βCE markingβ.F340,F339]]
[F340Obligations in Part IV of these Regulations which are met by complying with obligations in Regulation (EU) 2017/746
44ZB.β(1)In this regulationβ
(a)any reference to an Article or Annex is a reference to that Article or Annex in Regulation (EU) 2017/746 as it has effect in EU law;
(b)βCE markingβ means the CE marking required by Article 18 and presented in Annex V;
(c)βharmonised standardβ has the meaning given in Article 2(73);
(d)βsponsorβ has the meaning given in Article 2(57).
(2)Where paragraph (3) applies, regulations 34, 36(1) to (4), 37 and 40 are treated as being satisfied.
(3)This paragraph applies where, before placing a relevant device on the market, the manufacturerβ
(a)ensuresβ
(i)that the device meets the general safety and performance requirements in Annex I which apply to it; or
(ii)that paragraphs (6) and (7) apply;
(b)ensures that the relevant conformity assessment procedure that applies to the device has been carried out in accordance with Article 48;
[F346(ba)ensures that any certificate issued by a notified body in connection with that conformity assessment procedure has not expired or been withdrawn;F346]
(c)ensures that the documentation required by the relevant conformity assessment procedure is drawn up;
(d)ensures that the technical documentation required by Annexes II and III and other relevant documentation required by the relevant conformity assessment procedure is prepared in or translated into English;
(e)affixes a CE marking and, where applicable, the identification number of the notified body which carried out the relevant conformity assessment on the device in accordance with the procedures set out in Annexes IX, X and XI;
(f)draws up an EU declaration of conformity in accordance with Article 17; and
(g)ensures that the declaration of conformity is prepared in or translated into English.
(4)Where paragraph (5) applies, regulation 43 is treated as being satisfied.
(5)This paragraph applies where, before a person supplies or makes available a device falling within Part IV for the purposes of performance evaluation, the sponsor of the performance evaluationβ
(a)has been able to provide the Secretary of State with the required notice in the form of the application required by Chapter I of Annex XIV in English;
(b)has been able to provide the Secretary of State with an undertaking to keep available information contained in the application in accordance with Chapter II of Annex XIV.
(6)Where paragraph (7) applies, a relevant device referred to in that paragraph is also treated as complying with the relevant essential requirements referred to in regulation 35(3) and (4).
(7)This paragraph applies whereβ
(a)a relevant device conforms with a harmonised standard or part of a harmonised standard, which corresponds exactly to a designated standard or part of a designated standard; or
(b)a relevant device is in conformity with a common technical specification.
(8)For the purpose of this regulation, in regulations 36(5), 51 and 61(8), each reference to βUK markingβ is to be read as a reference to βCE markingβ.F340]
PART V[F347Notified BodiesF347][F347Approved BodiesF347] , Conformity Assessment Bodies and Marking of Products
[F348Interpretation of Part V
44A.In this Part, βmedical deviceβ means a device that is a βrelevant deviceβ for the purposes of Part II, III or IV.F348]
[F349Meaning of approved body and UK notified body
A45.β(1)An approved body is a conformity assessment body whichβ
(a)has been designated by the Secretary of State pursuant to the procedure set out in regulation 45 (designation etc. of approved bodies); or
(b)immediately before IP completion day was a UK notified body in respect of which the Secretary of State has taken no action under regulation 45(5) to withdraw a designation.
(2)In this regulationβ
βUK notified bodyβ means a body which the Secretary of State had before IP completion day notified to the European Commission in accordance with Article 3(7) of Commission Implementing Regulation (EU) 920/2013 or under Article 15 of Directive 98/79.β.F349]
Designation etc. of [F350approved bodiesF350]E33
45.β(1) The Secretary of State may designate for the purposes of [F351these RegulationsF351] any corporate or other body as a body which is to carry out any of the tasks of [F352an approved bodyF352] , and, if he so designates a body (referred to in these Regulations as [F353an βapproved bodyβF353] ), he shall designate the tasks which it is to carry out.
(2) A body may be designated under paragraph (1) as a body which is to carry out tasks of [F354an approved bodyF354] only ifβ
(a)in so far as it is to be designated as a body which is to carry out tasks included in [F355Part IIIF355] , it is a body in respect of which the criteria for the designation of [F356approved bodies set out in Annex 8 of Directive 90/385F356][F357, read with Regulation (EU) No 722/2012,F357] are met;
(b)in so far as it is to be designated as a body which is to carry out tasks included in [F358Part IIF358] , it is a body in respect of which the criteria for the designation of [F359approved bodies set out in Annex XI of Directive 93/42F359][F360, read with [F361Regulation (EU) No 722/2012F361],F360] are met;
(c)in so far as it is to be designated as a body which is to carry out tasks included in [F362Part IVF362] , it is a body in respect of which the criteria for the designation of [F363approved bodies set out in Annex IX of Directive 98/79F363] are met; and
(d)in so far as it needs to be able to fulfil the functions of an importing Party arising out of [F364a mutual recognition agreementF364] , it is able to do so.
(3) The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.
(4) The Secretary of State may vary the tasks that [F365an approved bodyF365] may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.
(5) The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) ifβ
(a)the body so requests;
(b)he considers that it is no longer a body in respect of which the applicable criteria for designation set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F366both read with Regulation (EU) No 722/2012F366] or Annex IX of Directive 98/79 are met; or
(c)he considers that the body is not capable of fulfilling the functions of an importing Party arising out of [F367a mutual recognition agreementF367] which it needs to be able to fulfil,
and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.
(6) Beforeβ
(a)effecting a variation under paragraph (4); or
(b)restricting or withdrawing a designation under paragraph (5),
otherwise than at [F368the approved bodyβs requestF368] , the Secretary of State shall give to the [F369approved bodyF369] an opportunity to make representations to him in writing and shall take into account any such representations as are made.
(7) For the purpose of deciding whether or not a body is one in respect of which the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F370both read with Regulation (EU) No 722/2012F370] or Annex IX of Directive 98/79 are met as respects the tasks which the body wants to carry out, or carries out, or for the purposes of deciding whether or not a body is capable of fulfilling the functions of an importing Party arising out of [F371a mutual recognition agreementF371] which it needs to be able to fulfil, the Secretary of State may arrange for the inspection ofβ
(a)any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or
(b)any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,
and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.
(8) The Secretary of State may request that [F372an approved bodyF372]supply to him any or all relevant information and documents, including budgetary documents, necessaryβ
(a)to enable him to verify that the body meets the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F373both read with Regulation (EU) No 722/2012F373] , or Annex IX of Directive 98/79; or
(b)for the purposes of deciding whether or not the body is capable of fulfilling the functions of an importing Party arising out of [F374a mutual recognition agreementF374] which it needs to be able to fulfil,
and the body shall supply to him any and all relevant information or documents so requested.
Designation etc. of UK notified bodiesE81
45.β(1) The Secretary of State may designate for the purposes of article 11 of Directive 90/385, article 16 of Directive 93/42 or article 15 of Directive 98/79 any corporate or other body as a body which is to carry out any of the tasks of a notified body[F634with respect to devices to be placed on the market in Northern IrelandF634] , and, if he so designates a body (referred to in these Regulations as a βUK notified bodyβ), he shall designate the tasks which it is to carry out.
(2) A body may be designated under paragraph (1) as a body which is to carry out tasks of a notified body only ifβ
(a)in so far as it is to be designated as a body which is to carry out tasks included in Directive 90/385, it is a body in respect of which the criteria for the designation of notified bodies set out in Annex 8 of that Directive [F635, read with Regulation (EU) No 722/2012,F635] are met;
(b)in so far as it is to be designated as a body which is to carry out tasks included in Directive 93/42, it is a body in respect of which the criteria for the designation of notified bodies set out in Annex XI of that Directive [F636, read with [F637Regulation (EU) No 722/2012F637],F636] are met;
(c)in so far as it is to be designated as a body which is to carry out tasks included in Directive 98/79, it is a body in respect of which the criteria for the designation of notified bodies set out in Annex IX of that Directive are met; and
(d)in so far as it needs to be able to fulfil the functions of an importing Party arising out of the Mutual Recognition Agreements, it is able to do so.
(3) The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.
(4) The Secretary of State may vary the tasks that a UK notified body may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.
(5) The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) ifβ
(a)the body so requests;
(b)he considers that it is no longer a body in respect of which the applicable criteria for designation set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F638both read with Regulation (EU) No 722/2012F638] or Annex IX of Directive 98/79 are met; or
(c)he considers that the body is not capable of fulfilling the functions of an importing Party arising out of the Mutual Recognition Agreements which it needs to be able to fulfil,
and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.
(6) Beforeβ
(a)effecting a variation under paragraph (4); or
(b)restricting or withdrawing a designation under paragraph (5),
otherwise than at the notified bodyβs request, the Secretary of State shall give to the notified body an opportunity to make representations to him in writing and shall take into account any such representations as are made.
(7) For the purpose of deciding whether or not a body is one in respect of which the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F639both read with Regulation (EU) No 722/2012F639] or Annex IX of Directive 98/79 are met as respects the tasks which the body wants to carry out, or carries out, or for the purposes of deciding whether or not a body is capable of fulfilling the functions of an importing Party arising out of the Mutual Recognition Agreements which it needs to be able to fulfil, the Secretary of State may arrange for the inspection ofβ
(a)any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or
(b)any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,
and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.
(8) The Secretary of State may request that a UK notified bodysupply to him any or all relevant information and documents, including budgetary documents, necessaryβ
(a)to enable him to verify that the body meets the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F640both read with Regulation (EU) No 722/2012F640] , or Annex IX of Directive 98/79; or
(b)for the purposes of deciding whether or not the body is capable of fulfilling the functions of an importing Party arising out of the Mutual Recognition Agreements which it needs to be able to fulfil,
and the body shall supply to him any and all relevant information or documents so requested.
[F375Choice of approved bodies and conformity assessment bodiesF375]E34
46. Where a conformity assessment procedure involves the intervention of [F376an approved bodyF376] , including work which may be carried out by a third country conformity assessment body, the manufacturer of a device or [F377the manufacturerβs UK responsible personF377] may apply to [F378any approved bodyF378] or third country conformity assessment body to carry out tasks under that procedure which are within the framework of tasks which the body is designated to carry out.
Choice of notified bodies and conformity assessment bodiesE82
46. Where a conformity assessment procedure involves the intervention of a notified body, including work which may be carried out by a third country conformity assessment body, the manufacturer of a device or his authorised representative may apply to any notified body or third country conformity assessment body to carry out tasks under that procedure which are within the framework of tasks which the body is designated to carry out.
[F379General matters relating to approved bodiesF379]E35
47.β(1)[F380An approved bodyF380] to which an application has been made by a manufacturer or [F381the manufacturerβs UK responsible personF381] to perform the functions of [F382an approved bodyF382] under a conformity assessment procedure set out in [F383these RegulationsF383] shall perform those functions, in accordance with the requirements of the procedure, if those functions are within the framework of tasks which the body is designated to carry out.
(2) Where a manufacturer or [F384the manufacturerβs UK responsible personF384] has supplied information or data to [F385an approved bodyF385] in the course of a conformity assessment procedure, that body may, where duly justified, require the manufacturer to provide any additional information or data which it considers necessary for the purposes of that procedure.
F388,F389(3) The information, data and correspondence that a manufacturer or [F386the manufacturerβs UK responsible personsupplies to an approved bodyF386] in the course of a conformity assessment procedure set out in [F387these RegulationsF387] shall, ..., be in English ....
F391(4)[F390An approved bodyF390] shall, as respects a medical device which it has assessed ..., inform all [F392other approved bodiesF392] and the Secretary of State ofβ
(a)all certificates suspended or withdrawn; and
(b)on request, all certificates issued or refused,
and shall also make available to them, on request, any or all additional relevant information.
F391(5) Where [F393an approved bodyF393] finds, as respects a medical device which it has assessed ..., thatβ
(a)the applicable requirements of [F394these RegulationsF394] have not been met or are no longer met; or
(b)a certificate issued by it should not have been issued,
it may (having regard in particular to the principle of proportionality and the ability of the manufacturer to take appropriate corrective measures) suspend or withdraw the certificate issued in respect of that device or place restrictions on it, and in such cases, or in cases where the [F395approved bodyF395] is aware of circumstances in which the Secretary of State may need to take action pursuant to regulation 61, the [F395approved bodyF395] shall inform the Secretary of State thereof.
(6) The Secretary of State may request that [F396an approved bodyF396]supply to him any information and documents that the Secretary of State may, having regard to the terms of [F397a mutual recognition agreementF397] , need to supply to a Party to [F397a mutual recognition agreementF397] , and the body shall supply to him any and all information or documents so requested.
(8)[F398An approved bodyF398] shall provide conformity assessment bodies with all the information it is required to provide to those bodies under [F399a mutual recognition agreementF399] .
F400(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F400(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General matters relating to UK notified bodiesE83
47.β(1) A UK notified body to which an application has been made by a manufacturer or his authorised representative to perform the functions of a notified body under a conformity assessment procedure set out in the Medical Devices Directives shall perform those functions, in accordance with the requirements of the procedure, if those functions are within the framework of tasks which the body is designated to carry out.
(2) Where a manufacturer or his authorised representative has supplied information or data to a UK notified body in the course of a conformity assessment procedure, that body may, where duly justified, require the manufacturer to provide any additional information or data which it considers necessary for the purposes of that procedure.
(3) The information, data and correspondence that a manufacturer or his authorised representativesupplies to a notified body in the course of a conformity assessment procedure set out in the Medical Devices Directives shall, if the notified body is within the United Kingdom, be in English or some other Community language acceptable to the notified body concerned.
F641(4) A UK notified body shall, as respects a medical device which it has assessed ..., inform all other notified bodies and the Secretary of State ofβ
(a)all certificates suspended or withdrawn; and
(b)on request, all certificates issued or refused,
and shall also make available to them, on request, any or all additional relevant information.
F641(5) Where a UK notified body finds, as respects a medical device which it has assessed ..., thatβ
(a)the applicable requirements of the Medical Devices Directives have not been met or are no longer met; or
(b)a certificate issued by it should not have been issued,
it may (having regard in particular to the principle of proportionality and the ability of the manufacturer to take appropriate corrective measures) suspend or withdraw the certificate issued in respect of that device or place restrictions on it, and in such cases, or in cases where the notified body is aware of circumstances in which the Secretary of State may need to take action pursuant to regulation 61, the notified body shall inform the Secretary of State thereof.
(6) The Secretary of State may request that a UK notified bodysupply to him any information and documents that the Secretary of State may, having regard to the terms of the Mutual Recognition Agreements, need to supply to a Party to the Mutual Recognition Agreements, and the body shall supply to him any and all information or documents so requested.
(8) A UK notified body shall provide conformity assessment bodies with all the information it is required to provide to those bodies under the Mutual Recognition Agreements.
F642(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F642(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F401Register of approved bodiesE36
47A.β(1)The Secretary of State must ensure thatβ
(a)each approved body is assigned an identification number; and
(b)there is a register ofβ
(i)approved bodies;
(ii)their approved body identification number;
(iii)the tasks for which they have been designated; and
(iv)any restrictions on those tasks.
(2)The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.
(3)The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).F401]
[F643Register of UK notified bodiesE84
47A.β(1)The Secretary of State must ensure thatβ
(a)each notified body established in the United Kingdom is assigned an identification number; and
(b)there is a register ofβ
(i)notified bodies established in the United Kingdom;
(ii)their notified body identification number;
(iii)the tasks for which they have been notified;
(iv)any restrictions on those tasks.
(2)The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.
(3)The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).F643]
F402 Designation etc. of ... conformity assessment bodiesE37
F40448.β(1) The Secretary of State may designate for the purposes of [F403a mutual recognition agreementF403] any corporate or other body as a body which is to carry out any of the tasks of a ... conformity assessment body, and, if he so designates a body (referred to in these Regulations as [F405a βCABβF405] ), he shall designate the tasks which it is to carry out.
(2) A body may be designated under paragraph (1) as a body which is to carry out tasks of [F406a CABF406] only if the Secretary of State considers that the body is capable of fulfilling the functions of [F406a CABF406] arising out of [F407a mutual recognition agreementF407] which it needs to be able to fulfil.
(3) The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.
(4) The Secretary of State may vary the tasks that [F408a CABF408] may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.
(5) The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) ifβ
(a)the body so requests; or
(b)he considers that the body is not capable of fulfilling the functions of [F409a CABF409] arising out of [F410a mutual recognition agreementF410] which it needs to be able to fulfil,
and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.
(6) Beforeβ
(a)effecting a variation under paragraph (4); or
(b)restricting or withdrawing a designation under paragraph (5),
F411,F411otherwise than at the ... CABβs request, the Secretary of State shall give to the ... CAB an opportunity to make representations to him in writing and shall take into account any such representations as are made.
(7) For the purpose of deciding whether or not a body is capable of fulfilling the functions of [F412a CABF412] arising out of [F413a mutual recognition agreementF413] which it needs to be able to fulfil, the Secretary of State may arrange for the inspection ofβ
(a)any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or
(b)any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,
and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.
(8) The Secretary of State may request that [F414a CABF414]supply to him any or all relevant information and documents, including budgetary documents, necessary for the purposes of deciding whether or not the body is capable of fulfilling the functions of [F414a CABF414] arising out of [F415a mutual recognition agreementF415] which it needs to be able to fulfil, and the body shall supply to him any and all relevant information or documents so requested.
F644 Designation etc. of ... conformity assessment bodiesE85
F64648.β(1) The Secretary of State may designate for the purposes of [F645a UK mutual recognition agreementF645] any corporate or other body as a body which is to carry out any of the tasks of a ... conformity assessment body, and, if he so designates a body (referred to in these Regulations as [F647a βCABβF647] ), he shall designate the tasks which it is to carry out.
(2) A body may be designated under paragraph (1) as a body which is to carry out tasks of [F648a CABF648] only if the Secretary of State considers that the body is capable of fulfilling the functions of [F648a CABF648] arising out of [F649a UK mutual recognition agreementF649] which it needs to be able to fulfil.
(3) The Secretary of State may refuse to designate a body under paragraph (1) if it fails to pay any fee payable under Part VI in connection with an application for designation.
(4) The Secretary of State may vary the tasks that [F650a CABF650] may carry out, and if he does, those varied tasks will be the tasks which it is designated to carry out.
(5) The Secretary of State may place a restriction in relation to, or withdraw, any designation of a body under paragraph (1) ifβ
(a)the body so requests; or
(b)he considers that the body is not capable of fulfilling the functions of [F651a CABF651] arising out of [F652a UK mutual recognition agreementF652] which it needs to be able to fulfil,
and the Secretary of State may also withdraw any designation of a body under paragraph (1) if it fails to pay any fee payable under Part VI.
(6) Beforeβ
(a)effecting a variation under paragraph (4); or
(b)restricting or withdrawing a designation under paragraph (5),
F653,F653otherwise than at the ... CABβs request, the Secretary of State shall give to the ... CAB an opportunity to make representations to him in writing and shall take into account any such representations as are made.
(7) For the purpose of deciding whether or not a body is capable of fulfilling the functions of [F654a CABF654] arising out of [F655a UK mutual recognition agreementF655] which it needs to be able to fulfil, the Secretary of State may arrange for the inspection ofβ
(a)any premises occupied, or plant or equipment used, in connection with the carrying out of any such task; or
(b)any premises occupied, or plant or equipment used, by a manufacturer where the body is undertaking any task in relation to that manufacturer,
and may take into account for the purposes of his decision the results of any such inspection and any refusal to afford him such facilities or assistance as he may reasonably require in order to carry out any such inspection.
(8) The Secretary of State may request that [F656a CABF656]supply to him any or all relevant information and documents, including budgetary documents, necessary for the purposes of deciding whether or not the body is capable of fulfilling the functions of [F656a CABF656] arising out of [F657a UK mutual recognition agreementF657] which it needs to be able to fulfil, and the body shall supply to him any and all relevant information or documents so requested.
[F416Fees charged by approved bodies and conformity assessment bodiesF416]E38
49.β(1)[F417An approved body or CABF417] may charge a fee in accordance with paragraphs (2), (3) and (4) for anything done in, or in connection withβ
[F418(a)in the case of an approved body, performing the functions of an approved body or an importing Party under these Regulations or a mutual recognition agreement; andF418]
(b)in the case of [F419a CABF419] , performing the functions of [F419a CABF419] arising out of [F420a mutual recognition agreementF420] in respect of a conformity assessment procedure for a medical device.
(2) Except as provided for by paragraph (3), the fee charged in respect of anything done shall not exceed an amount which reasonably represents the cost incurred, or to be incurred, in doing it.
(3) Where the [F421approved body or CABF421] charging the fee is a body the activities of which are carried on for profit, the fee may include an amount representing a profit which is reasonable in the circumstances, having regard toβ
(a)the character and extent of the work done or to be done by the [F422approved bodyF422] ; and
(b)the commercial rate normally charged in respect of profit for that work or similar work.
(4) The [F423approved body or CABF423] may require payment of the fee, or a reasonable estimate of the fee, in advance of carrying out the work in respect of which the fee is payable and as a condition of doing that work.
[F658Fees charged by UK notified bodies and conformity assessment bodiesF658]E86
49.β(1) A UK notified body or [F659CABF659] may charge a fee in accordance with paragraphs (2), (3) and (4) for anything done in, or in connection withβ
(a)in the case of a UK notified body, performing the functions of a notified body or an importing Party under [F660the Medical Devices Directives or a UK mutual recognition agreement in respect of a conformity assessment procedure set out in the Medical Devices Directives or these Regulations as they apply in Great BritainF660] ; and
(b)in the case of [F661a CABF661] , performing the functions of [F661a CABF661] arising out of [F662a UK mutual recognition agreementF662] in respect of a conformity assessment procedure for a medical device.
(2) Except as provided for by paragraph (3), the fee charged in respect of anything done shall not exceed an amount which reasonably represents the cost incurred, or to be incurred, in doing it.
(3) Where the UK notified body or [F663CABF663] charging the fee is a body the activities of which are carried on for profit, the fee may include an amount representing a profit which is reasonable in the circumstances, having regard toβ
(a)the character and extent of the work done or to be done by the notified body; and
(b)the commercial rate normally charged in respect of profit for that work or similar work.
(4) The UK notified body or [F664CABF664] may require payment of the fee, or a reasonable estimate of the fee, in advance of carrying out the work in respect of which the fee is payable and as a condition of doing that work.
Products incorrectly marked with [F424an approved bodyF424] or conformity assessment body numberE39
50.β(1) No person shallβ
(a)affix [F425an approved bodyF425] or conformity assessment body number to a medical device if that body has not carried out an assessment in respect of that device for that person;
(b)supply a medical device (if that supply is also a placing on the market, or if that supply is of a device which has been placed on the market) which has affixed to it [F425an approved bodyF425] or conformity assessment body number if that bodyβ
(i)has not carried out an assessment in respect of that device, or has not carried out that assessment for the person responsible for placing the device on the market, or
(ii)has had its designation as [F425an approved bodyF425] or conformity assessment body withdrawn.
(2) No person shall provide information comprising [F426an approved bodyF426] or conformity assessment body number on a medical device, the instructions for use for a medical device, or the sales packaging for a medical device if that deviceβ
(a)is being or has been placed on the market; and
(b)[F427the approved bodyF427] or conformity assessment bodyβ
(i)has not carried out an assessment in respect of that device, or has not carried out that assessment for the person responsible for placing the device on the market, or
(ii)has had its designation as [F426an approved bodyF426] or conformity assessment body withdrawn.
(3) Where the sectoral annex on medical devices in a Mutual Recognition Agreement under which a conformity assessment body was designated states that the annex does not apply to devices of a particular class or description, no person may supply a medical device of that class or description bearing the number of that conformity assessment body (if that supply is also a placing on the market or putting into service or is of a device that has been placed on the market or put into service) unlessβ
(a)an assessment has been carried out on that device for the person responsible for placing it on the market or putting it into service by [F428an approved bodyF428] ; and
(b)the device bears the [F429approved bodyF429] number of that [F429approved bodyF429] .
(4) For the purposes of this regulation, [F430an approved bodyF430] shall be taken to have carried out an assessment in respect of a device if it has endorsed a report prepared by a third country conformity assessment body in respect of that device.
Products incorrectly marked with a notified body or conformity assessment body numberE87
50.β(1) No person shallβ
(a)affix a notified body or conformity assessment body number to a medical device if that body has not carried out an assessment in respect of that device for that person;
(b)supply a medical device (if that supply is also a placing on the market, or if that supply is of a device which has been placed on the market) which has affixed to it a notified body or conformity assessment body number if that bodyβ
(i)has not carried out an assessment in respect of that device, or has not carried out that assessment for the person responsible for placing the device on the market, or
(ii)has had its designation as a notified body or conformity assessment body withdrawn.
(2) No person shall provide information comprising a notified body or conformity assessment body number on a medical device, the instructions for use for a medical device, or the sales packaging for a medical device if that deviceβ
(a)is being or has been placed on the market; and
(b)the notified body or conformity assessment bodyβ
(i)has not carried out an assessment in respect of that device, or has not carried out that assessment for the person responsible for placing the device on the market, or
(ii)has had its designation as a notified body or conformity assessment body withdrawn.
(3) Where the sectoral annex on medical devices in a Mutual Recognition Agreement under which a conformity assessment body was designated states that the annex does not apply to devices of a particular class or description, no person may supply a medical device of that class or description bearing the number of that conformity assessment body (if that supply is also a placing on the market or putting into service or is of a device that has been placed on the market or put into service) unlessβ
(a)an assessment has been carried out on that device for the person responsible for placing it on the market or putting it into service by a notified body; and
(b)the device bears the notified body number of that notified body.
(4) For the purposes of this regulation, a notified body shall be taken to have carried out an assessment in respect of a device if it has endorsed a report prepared by a third country conformity assessment body in respect of that device.
Products incorrectly marked with a [F431UK markingF431]E40
51.β(1) No person shallβ
(a)affix the [F432UK markingF432] for a medical device to a product which is not a medical device; or
(b)supply a product (if that supply is also a placing on the market, or if that supply is of a product which has been placed on the market) which has affixed to it the [F432UK markingF432] for a medical device if that product is not a medical device.
(2) No person shall provide information comprising a [F432UK markingF432] for a medical device on a product, the instructions for use for a product, or the sales packaging for a product if the product is not a medical device.
Products incorrectly marked with a CE markingE88
51.β(1) No person shallβ
(a)affix the CE marking for a medical device to a product which is not a medical device; or
(b)supply a product (if that supply is also a placing on the market, or if that supply is of a product which has been placed on the market) which has affixed to it the CE marking for a medical device if that product is not a medical device.
(2) No person shall provide information comprising a CE marking for a medical device on a product, the instructions for use for a product, or the sales packaging for a product if the product is not a medical device.
PART VIFees charged by the Secretary of State
Interpretation of Part VI
F43352.β(1) In this Part...β
[F434βapproved manufacturerβ in relation to a medicinal substance means a manufacturer whoβ
(a)holds a manufacturing authorisation which permits the manufacturer to manufacture that substance for inclusion in an authorised medicinal product; or
(b)holds an examination certificate for a device incorporating that medicinal substance and that certificate was issued by an approved body or notified body after consultation with the Secretary of State in respect of that substance;F434]
[F434βauthorised medicinal productβ means a medicinal product in respect of which a marketing authorisation has been granted;F434]
[F434βclinical developmentβ means the conduct of studies of a medicinal substance in human subjects in order toβ
(a)discover or verify the effects of such a substance,
(b)identify any adverse reaction to such a substance, or
(c)study absorption, distribution, metabolism and excretion of such a substance,
with the object of ascertaining the safety or efficacy of that substance, as required to verify the safety and usefulness of the substance in accordance with section 7.4 of Annex I of Directive 93/42 and section 10 of Annex I of Directive 90/385;F434]
[F434βconsultationβ means a consultation required byβ
(a)section 4.3 of Annex II of Directive 93/42 or Directive 90/385; or
(b)section 5 of Annex III of Directive 93/42 or Directive 90/385;F434]
[F434βexamination certificateβ meansβ
(a)a design-examination certificate within the meaning of sections 4.3 and 4.4 of Annex II of Directive 93/42 or Directive 90/385, issued by an approved body;
(b)a type-examination certificate within the meaning of sections 5 and 6 of Annex III of Directive 93/42 or Directive 90/385, issued by an approved body;
(c)an EC design-examination certificate within the meaning of sections 4.3 and 4.4 of the version of Annex II of Directive 93/42 or Directive 90/385 that existed immediately before IP completion day, issued by a notified body; or
(d)an EC type-examination certificate within the meaning of sections 5 and 6 of the version of Annex III of Directive 93/42 or Directive 90/385 that existed immediately before IP completion day), issued by a notified body;F434]
[F434βfurther consultationβ means a consultation by an approved body in relation to any device whichβ
(a)may be placed on the market or put into service in accordance with Part 2 or 3 and which is the subject of an examination certificate issued by that approved body after consultation with the Secretary of State;
(b)is the subject of proposed changes within section 4.4 of Annex II of Directive 93/42 or Directive 90/385 or section 6 of Annex III of Directive 93/42 or Directive 90/385 and if that device is to be placed on the market or put into service, those changes may require a supplement to the examination certificate previously issued by that approved body after consultation with the Secretary of State; or
(c)is of a similar design or type to a device which has been the subject of an unsuccessful application for an examination certificate whereβ
(i)the person who made that unsuccessful application makes a further application for an examination certificate to the approved body which determined that unsuccessful application; and
(ii)within the relevant period that further application becomes the subject of consultation between that approved body and the Secretary of State;F434]
βGroup A deviceβ means a Class I medical device, a Class IIa medical device, or a Class IIb medical device which is neither an implantable device nor a long term invasive medical device;
βGroup B deviceβ means a Class IIb medical device which is either an implantable medical device or a long term invasive medical device, or a Class III medical device, or an active implantable medical device; and βhalf dayβ means a period of three and a half hours.
[F434βincorporatesβ means incorporates as an integral part;F434]
[F434βmarketing authorisationβ has the meaning given by regulation 8 of the Human Medicines Regulations 2012;F434]
[F434βmedicinal substanceβ means a substance which, if used separately from a device, may be considered to be a medicinal product, as defined in Schedule 1 to the Medicines (Products for Human Use) Fees Regulations 2016;F434]
[F434βnew medicinal substanceβ means a medicinal substance which is notβ
(a)an authorised medicinal product;
(b)an ingredient or, as the case may be, the sole active ingredient of such a product; or
(c)a substance which has been incorporated in a device in respect of which an examination certificate has been issued by an approved body which has consulted the Secretary of State;F434]
[F434βquality developmentβ means the chemical, pharmaceutical and biological testing required in order to verify the quality of a medicinal substance in accordance with paragraph 7.4 of Annex I of Directive 93/42 and section 10 of Annex I of Directive 90/385;F434]
[F434βrelevant periodβ means the period of 5 years which starts on the first day on which the Secretary of State was consulted in respect of the unsuccessful application or, if there has been more than one such application in any particular case, in respect of the first of them;F434]
[F434βsafety developmentβ means the toxicological and pharmacological testing required in order to verify the safety of a medicinal substance in accordance with paragraph 7.4 of Annex I of Directive 93/42 and section 10 of Annex I of Directive 90/385; andF434]
[F434βscientific adviceβ means advice in connection with the quality, safety or clinical development for a medicinal substance incorporated, or to be incorporated, in a device.F434]
(2) For the purposes of this Part, medical devices are classified as being implantable or long term invasive medical devices in accordance with the definitions set out in Section 1 of Annex IX of Directive 93/42, and in the event of a dispute over the classification of a device, the Secretary of State shall determine the classification of the device in accordance with the definitions set out in Section 1 of Annex IX of Directive 93/42.
Fees in connection with the registration of devices and changes to registration detailsE41
53. Any person required to supply the Secretary of State with any information under [F435regulation 7A, 19, 21A, 33A or 44F435] shall, in respect of the processing of that information with regard to the possible registration of that person by the Secretary of State or possible changes to his registration details, pay to the Secretary of State a fee of [F436Β£240F436] , and that feeβ
(a)shall be payable when the information is supplied by that person to the Secretary of State; and
(b)shall accompany that information when it is supplied.
Fees in connection with the registration of devices and changes to registration detailsE89
53. Any person required to supply the Secretary of State with any information under regulation 19 [F665, 21BF665] or 44 shall, in respect of the processing of that information with regard to the possible registration of that person by the Secretary of State or possible changes to his registration details, pay to the Secretary of State a fee of [F666Β£240F666] , and that feeβ
(a)shall be payable when the information is supplied by that person to the Secretary of State; and
(b)shall accompany that information when it is supplied.
[F437Fees payable in connection with the designation of approved bodiesF437]E42
54.β(1) A corporate or other body that applies to the Secretary of State for designation under regulation 45 as [F438an approved bodyF438] shall, in connection with that application for designation, pay to the Secretary of Stateβ
(a)if it is the second or subsequent such application and the application is being made only to address the grounds for rejection of a previous application, a fee of [F439Β£8,918F439] ; or
(b)in all other cases, a fee of [F440Β£35,672F440] .
[F441(2)A corporate or other body that applies to the Secretary of State for a variation under regulation 45(4) must, in connection with that application for a variation, pay to the Secretary of Stateβ
(a)in respect of an extension to the scope of the bodyβs designation to carry out tasks under Part 2, Part 3 or Part 4, which extends the bodyβs designation in relation to a Part under which they have already been designated, a fee of Β£12,571;
(b)in respect of an extension to the scope of the bodyβs designation, which extends the bodyβs designation to carry out certain tasks that were not previously within the scope of the bodyβs designation and where the Secretary of State considers that an additional assessment of the bodyβs procedures is required, a fee of Β£18,212.F441]
(3) Where, pursuant to regulation 45(7) the Secretary of State inspects premises for the purposes of deciding whether or not a body is one in respect of which the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F442both read with Regulation (EU) No 722/2012F442] or Annex IX of Directive 98/79 are met, or for the purposes of deciding whether or not a body is capable of fulfilling the functions of an importing Party arising out of [F443a mutual recognition agreementF443] which it needs to be able to fulfil, the body shall pay to the Secretary of Stateβ
[F444(a)in respect of an initial inspection pursuant to regulation 45(7)(a), a fee of [F445Β£58,341F445] plus the amounts specified in paragraph (3A);
[F446(b)in respect of an inspection pursuant to regulation 45(7)(a), other than an initial inspection, a fee of Β£45,675, plus the amounts specified in paragraph (3A); andF446]
(c)in respect of an inspection pursuant to regulation 45(7)(b), a fee of [F447Β£10,072F447] plus the amounts specified in paragraph (3A).F444]
[F448(3A)Subject to paragraph (3B), the additional amounts payable in respect of an inspection referred to in paragraph (3) shall beβ
(a)an amount for time spent by a member of staff undertaking a site visit at a rateβ
(i)for the time spent on site, of [F449Β£631F449] per half day (periods of less than a half day counting as a half day) up to a maximum of two half days on any one date, and
(ii)for the time spent travelling to and from the site, of [F450Β£171F450] per hour;
(b)the actual costs of travel, accommodation and subsistence; and
(c)out of pocket expenses.
(3B)Where the Secretary of State conducts an inspection referred to in paragraph (3)(a) on the same date and at the same premises as an inspection pursuant to regulation 48(7)(a)β
(a)the amount referred to in paragraph (3A)(3) shall include an amount for any time spent on site by a member of staff which is attributable to the conduct of the inspection pursuant to regulation 48(7)(a), at the rate referred to paragraph (3A)(a)(i); and
(b)the costs and expenses referred to in paragraph (3A)(b) and (c) shall include any additional costs and expenses attributable to the conduct of the inspection pursuant to regulation 48(7)(a).F448]
[F451(3C)[F452An approved bodyF452] that applies to the Secretary of State for a renewal of its designation pursuant to article 4 of Regulation (EU) No 920/2013 shall pay to the Secretary of Stateβ
(a)a fee of [F453Β£35,672 F453] in respect of the application; and
(b)where an audit is carried out in connection with the application, a fee of [F454Β£58,341F454] in respect of the audit [F455,
plus the amounts specified in paragraph (3A).F455]
(3D)Where the Secretary of State conducts an assessment of [F456an approved bodyF456] pursuant to article 5 of Regulation (EU) No 920/2013, [F457the approved bodyF457] shall pay to the Secretary of Stateβ
(a)if the assessment relates to the UKnotified bodyβs assessment of clinical data only, a fee of [F458Β£18,583F458]; or
(b)in any other case, a fee of [F459Β£22,789F459][F460,
plus the amounts specified in paragraph (3A).F460]
(3E)[F461An approved bodyF461] that submits a summary evaluation report to the Secretary of State pursuant to article 5(4) of Regulation (EU) No 722/2012 shall pay to the Secretary of State a fee of [F462Β£1,297F462].F451]
[F463(3F)Where, pursuant to regulation 45(7)(a) or 45(7)(b), the Secretary of State conducts an on-site assessment of a subsidiary of the body, the body must pay to the Secretary of State a fee of Β£22,789, plus the costs and expenses referred to in paragraph (3A).F463]
(4) A fee under this regulationβ
(a)in connection with an application for designation under [F464regulation 45(1),F464] a variation under regulation 45(4) [F465, a renewal under Regulation (EU) No 920/2013 (but not any associated audit) or a submission of a summary evaluation report under Regulation (EU) No 722/2012F465] β
(i)shall be payable when the application [F466or submissionF466] to the Secretary of State is made, and
(ii)shall accompany the application [F467or submissionF467] when it is made;
(b)in connection with an inspection pursuant to regulation 45(7) [F468or an audit or assessment pursuant to Regulation (EU) No 920/2013F468] , shall be payable within one month of receipt by the body of a written notice from the Secretary of State requiring payment of the fee.
[F469(5)In this regulationβ
βRegulation (EU) No 920/2013β means Commission Implementing Regulation (EU) No 920/2013 of 24 September 2013 on the designation and the supervision of notified bodies under Council Directive 90/385/EEC on active implantable medical devices and Council Directive 93/42/EEC on medical devices; and
βsubsidiaryβ is to be construed in accordance with section 1159 of the Companies Act 2006.F469]
Fees payable in connection with the designation etc. of UK notified bodiesE90
54.β(1) A corporate or other body that applies to the Secretary of State for designation under regulation 45 as a notified body shall, in connection with that application for designation, pay to the Secretary of Stateβ
(a)if it is the second or subsequent such application and the application is being made only to address the grounds for rejection of a previous application, a fee of [F667Β£2,063F667] ; or
(b)in all other cases, a fee of [F668Β£8,252F668] .
(2) A corporate or other body that applies to the Secretary of State for a variation under regulation 45(4) of the tasks that the body may carry out shall, in connection with that application for a variation, pay to the Secretary of State a fee of [F669Β£6,504F669] .
(3) Where, pursuant to regulation 45(7) the Secretary of State inspects premises for the purposes of deciding whether or not a body is one in respect of which the criteria set out in Annex 8 of Directive 90/385, Annex XI of Directive 93/42, [F670both read with Regulation (EU) No 722/2012F670] or Annex IX of Directive 98/79 are met, or for the purposes of deciding whether or not a body is capable of fulfilling the functions of an importing Party arising out of the Mutual Recognition Agreements which it needs to be able to fulfil, the body shall pay to the Secretary of Stateβ
[F671(a)in respect of an initial inspection pursuant to regulation 45(7)(a), a fee of [F672Β£15,904F672] plus the amounts specified in paragraph (3A);
(b)in respect of an inspection pursuant to regulation 45(7)(a), other than an initial inspectionβ
(i)if the inspection is for the purposes of deciding whether or not the body is one in respect of which the criteria set out in all three of the Annexes referred to in this paragraph are met, a fee of [F673Β£10,160F673],
(ii)if the inspection is for the purpose of deciding whether or not the body is one in respect of which the criteria set out in only two of the three Annexes referred to in this paragraph are met, a fee of [F673Β£10,160F673], or
(iii)if the inspection is for the purposes of deciding whether or not the body is one in respect of which the criteria set out in only one of the Annexes referred to in this paragraph are met, or for the purposes of deciding whether or not a body is capable of fulfilling the functions of an importing Party arising out of the Mutual Recognition Agreements which it needs to be able to fulfil, a fee of [F673Β£10,160F673],
plus the amounts specified in paragraph (3A); and
(c)in respect of an inspection pursuant to regulation 45(7)(b), a fee of [F674Β£4,404F674] plus the amounts specified in paragraph (3A).F671]
[F675(3A)Subject to paragraph (3B), the additional amounts payable in respect of an inspection referred to in paragraph (3) shall beβ
(a)an amount for time spent by a member of staff undertaking a site visit at a rateβ
(i)for the time spent on site, of [F676Β£361.20F676] per half day (periods of less than a half day counting as a half day) up to a maximum of two half days on any one date, and
(ii)for the time spent travelling to and from the site, of [F677Β£90.30F677] per hour;
(b)the actual costs of travel, accommodation and subsistence; and
(c)out of pocket expenses.
(3B)Where the Secretary of State conducts an inspection referred to in paragraph (3)(a) on the same date and at the same premises as an inspection pursuant to regulation 48(7)(a)β
(a)the amount referred to in paragraph (3A)(3) shall include an amount for any time spent on site by a member of staff which is attributable to the conduct of the inspection pursuant to regulation 48(7)(a), at the rate referred to paragraph (3A)(a)(i); and
(b)the costs and expenses referred to in paragraph (3A)(b) and (c) shall include any additional costs and expenses attributable to the conduct of the inspection pursuant to regulation 48(7)(a).F675]
[F678(3C)A UKnotified body that applies to the Secretary of State for a renewal of its designation pursuant to article 4 of Regulation (EU) No 920/2013 shall pay to the Secretary of Stateβ
(a)a fee of Β£8,252 in respect of the application; and
(b)where an audit is carried out in connection with the application, a fee of Β£15,904 in respect of the audit.
(3D)Where the Secretary of State conducts an assessment of a UKnotified body pursuant to article 5 of Regulation (EU) No 920/2013, the UKnotified body shall pay to the Secretary of Stateβ
(a)if the assessment relates to the UKnotified bodyβs assessment of clinical data only, a fee of Β£2,586; or
(b)in any other case, a fee of Β£3,876.
(3E)A UKnotified body that submits a summary evaluation report to the Secretary of State pursuant to article 5(4) of Regulation (EU) No 722/2012 shall pay to the Secretary of State a fee of Β£532.F678]
(4) A fee under this regulationβ
(a)in connection with an application for designation under [F679regulation 45(1),F679] a variation under regulation 45(4) [F680, a renewal under Regulation (EU) No 920/2013 (but not any associated audit) or a submission of a summary evaluation report under Regulation (EU) No 722/2012F680] β
(i)shall be payable when the application [F681or submissionF681] to the Secretary of State is made, and
(ii)shall accompany the application [F682or submissionF682] when it is made;
(b)in connection with an inspection pursuant to regulation 45(7) [F683or an audit or assessment pursuant to Regulation (EU) No 920/2013F683] , shall be payable within one month of receipt by the body of a written notice from the Secretary of State requiring payment of the fee.
[F684(5)In this regulation, βRegulation (EU) No 920/2013β means Commission Implementing Regulation (EU) No 920/2013 of 24 September 2013 on the designation and the supervision of notified bodies under Council Directive 90/385/EEC on active implantable medical devices and Council Directive 93/42/EEC on medical devices.F684]
F470 Fees payable in connection with the designation etc. of ... conformity assessment bodiesE43
55.β(1) A corporate or other body that applies to the Secretary of State for designation under regulation 48 as [F471a CABF471] shall, in connection with that application for designation, pay to the Secretary of Stateβ
(a)if it is the second or subsequent such application and the application is being made only to address the grounds for rejection of a previous application, a fee of [F472Β£8,918F472] ; or
(b)in all other cases, a fee of [F473Β£35,672F473] .
[F474(2)A corporate or other body that applies to the Secretary of State for a variation under regulation 48(4) must, in connection with that application for a variation, pay to the Secretary of Stateβ
(a)in respect of an extension to the scope of the bodyβs designation to carry out tasks arising out of a mutual recognition agreement that were not previously within the scope of the bodyβs designation, a fee of Β£12,571; or
(b)in respect of an extension to the scope of the bodyβs designation, which extends the bodyβs designation to carry out certain tasks that were not previously within the scope of the bodyβs designation and which requires the Secretary of State to undertake an additional assessment of the bodyβs procedures, a fee of Β£18,212.F474]
(3)[F475Subject to paragraphs (3A) to (3C)F475] where, pursuant to regulation 48(7) the Secretary of State inspects premises for the purposes of deciding whether or not a body is capable of fulfilling the functions of [F476a CABF476] arising out of [F477a mutual recognition agreementF477] which it needs to be able to fulfil, the body shall pay to the Secretary of Stateβ
[F478(a)in respect of an initial inspection pursuant to regulation 48(7)(a), other than an inspection referred to in sub-paragraph (c), fee of [F479Β£58,341F479] plus the amounts specified in paragraph (3D);
(b)in respect of any other inspection pursuant to regulation 48(7)(a), other than an inspection referred to in sub-paragraph (c), a fee of [F480Β£10,072F480] plus the amounts specified in paragraph (3D);
(c)in respect of an inspection pursuant to regulation 48(7)(a) conducted on the same date and at the same premises as an inspection pursuant to regulation 45(7), a fee of [F481Β£1,880F481];
(d)in respect of an inspection pursuant to regulation 48(7)(b), a fee of [F482Β£10,072 F482] plus the amounts specified in paragraph (3D).F478]
[F483(3A)Where the Secretary of State conducts two or more inspections pursuant to regulation 48(7)(a) on the same date and at the same premises, other than inspections referred to in paragraph (3)(c), and one of the inspections is an initial inspection, the fee payable shall be [F484Β£58,341F484] plusβ
(a)[F485Β£1,880F485] for each additional inspection; and
(b)the amounts specified in paragraph (3D).
(3B)Where the Secretary of State conducts two or more inspections pursuant to regulation 48(7)(a) on the same date and at the same premises, other than inspections referred to in paragraph (3)(c), and none of the inspections is an initial inspection, the fee payable shall be [F486Β£10,072 F486] plusβ
(a)[F487Β£1,880F487] for each additional inspection; and
(b)the amounts specified in paragraph (3D)
(3C)Where the Secretary of State conducts two or more inspections referred to in paragraph (3)(c) on the same date and at the same premises, the fee payable for the inspections pursuant to regulation 48(7)(a) shall be [F488Β£1,880F488] for each inspection.
(3D)The additional amounts payable in respect of an inspection referred to in paragraphs (3) to (3B) shall beβ
(a)an amount for time spent by a member of staff undertaking a site visit at a rateβ
(i)for the time spent on site, of [F489Β£631F489] per half day (periods of less than a half day counting as a half day) up to a maximum of two half days on any one date, and
(ii)for the time spent travelling to and from the site, of [F490Β£171F490] per hour;
(b)the actual costs of travel, accommodation and subsistence, and
(c)out of pocket expenses.F483]
(4) A fee under this regulationβ
(a)in connection with an application for designation under regulation 48(1) or a variation under regulation 48(4)β
(i)shall be payable when the application to the Secretary of State is made, and
(ii)shall accompany the application when it is made;
(b)in connection with an inspection pursuant to regulation 48(7), shall be payable within one month of receipt by the body of a written notice from the Secretary of State requiring payment of the fee.
F685 Fees payable in connection with the designation etc. of ... conformity assessment bodiesE91
55.β(1) A corporate or other body that applies to the Secretary of State for designation under regulation 48 as [F686a CABF686] shall, in connection with that application for designation, pay to the Secretary of Stateβ
(a)if it is the second or subsequent such application and the application is being made only to address the grounds for rejection of a previous application, a fee of [F687Β£8,918F687] ; or
(b)in all other cases, a fee of [F688Β£35,672F688] .
[F689(2)A corporate or other body that applies to the Secretary of State for a variation under regulation 48(4) must, in connection with that application for a variation, pay to the Secretary of Stateβ
(a)in respect of an extension to the scope of the bodyβs designation, which extends the bodyβs designation to carry out tasks arising out of a UK mutual recognition agreement that were not previously within the scope of the bodyβs designation, a fee of Β£12,571; or
(b)in respect of an extension to the scope of the bodyβs designation, which extends the bodyβs designation to carry out certain tasks that were not previously within the scope of the bodyβs designation and which requires the Secretary of State to undertake an additional assessment of the bodyβs procedures, a fee of Β£18,212.F689]
(3)[F690Subject to paragraphs (3A) to (3C)F690] where, pursuant to regulation 48(7) the Secretary of State inspects premises for the purposes of deciding whether or not a body is capable of fulfilling the functions of [F691a CABF691] arising out of [F692a UK mutual recognition agreementF692] which it needs to be able to fulfil, the body shall pay to the Secretary of Stateβ
[F693(a)in respect of an initial inspection pursuant to regulation 48(7)(a), other than an inspection referred to in sub-paragraph (c), fee of [F694Β£58,341F694] plus the amounts specified in paragraph (3D);
(b)in respect of any other inspection pursuant to regulation 48(7)(a), other than an inspection referred to in sub-paragraph (c), a fee of [F695Β£10,072 F695] plus the amounts specified in paragraph (3D);
(c)in respect of an inspection pursuant to regulation 48(7)(a) conducted on the same date and at the same premises as an inspection pursuant to regulation 45(7), a fee of [F696Β£1,880F696];
(d)in respect of an inspection pursuant to regulation 48(7)(b), a fee of [F697Β£10,072F697] plus the amounts specified in paragraph (3D).F693]
[F698(3A)Where the Secretary of State conducts two or more inspections pursuant to regulation 48(7)(a) on the same date and at the same premises, other than inspections referred to in paragraph (3)(c), and one of the inspections is an initial inspection, the fee payable shall be [F699Β£58,341F699] plusβ
(a)[F700Β£1,880F700] for each additional inspection; and
(b)the amounts specified in paragraph (3D).
(3B)Where the Secretary of State conducts two or more inspections pursuant to regulation 48(7)(a) on the same date and at the same premises, other than inspections referred to in paragraph (3)(c), and none of the inspections is an initial inspection, the fee payable shall be [F701Β£10,072F701] plusβ
(a)[F702Β£1,880F702] for each additional inspection; and
(b)the amounts specified in paragraph (3D)
(3C)Where the Secretary of State conducts two or more inspections referred to in paragraph (3)(c) on the same date and at the same premises, the fee payable for the inspections pursuant to regulation 48(7)(a) shall be [F703Β£1,880F703] for each inspection.
(3D)The additional amounts payable in respect of an inspection referred to in paragraphs (3) to (3B) shall beβ
(a)an amount for time spent by a member of staff undertaking a site visit at a rateβ
(i)for the time spent on site, of [F704Β£631F704] per half day (periods of less than a half day counting as a half day) up to a maximum of two half days on any one date, and
(ii)for the time spent travelling to and from the site, of [F705Β£171F705] per hour;
(b)the actual costs of travel, accommodation and subsistence, and
(c)out of pocket expenses.F698]
(4) A fee under this regulationβ
(a)in connection with an application for designation under regulation 48(1) or a variation under regulation 48(4)β
(i)shall be payable when the application to the Secretary of State is made, and
(ii)shall accompany the application when it is made;
(b)in connection with an inspection pursuant to regulation 48(7), shall be payable within one month of receipt by the body of a written notice from the Secretary of State requiring payment of the fee.
Fees payable in relation to clinical investigation noticesE44
56.β(1) Subject to paragraph (2), any person required to give the Secretary of State notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) shall, in respect of the consideration by the Secretary of State of the information that the person is required to submit, pay to the Secretary of Stateβ
(a)if, as regards that device, it is the second or subsequent occasion on which the person has given the Secretary of State notice of an intended clinical investigation, and the changes from the immediately preceding notice are limited to addressing the grounds on which the Secretary of State has refused or withdrawn permission to hold a clinical investigationβ
(i)a fee, if the device is a Group A device, of [F491Β£5,711F491] , or
(ii)a fee, if the device is a Group B device, of [F492Β£11,069F492] ; or
(b)in all other casesβ
(i)a fee, if the device is a Group A device, of [F493Β£7,472F493] , or
(ii)a fee, if the device is a Group B device, of [F494Β£15,627F494] .
(2) Except where paragraph (3) [F495or (3A)F495] applies, no fee shall be payable in respect of a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) where the manufacturer or [F496their UK responsible personF496] has previously given such notice in relation to that device.
(3) A fee shall be payable where the investigational plan which forms part of the statement accompanying the notice differs from the plan submitted with the immediately preceding notice in that it includesβ
(a)a change to address the grounds on which the Secretary of State has refused or withdrawn permission to hold a clinical investigation;
(b)a change to the number of patients or devices forming the basis of the proposed trial;
(c)a change or extension in the indications for use of the device or to the purpose or objectives of the trial;
(d)a change in any of the materials used in the device that come into direct contact with the human body if the new materials are not known to be biocompatible; or
(e)a change in the design of the device involving a novel feature not previously tested, being a change that has a direct effect on a vital physiological function.
[F497(3A)Any person who submits an amendment to a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) shall pay to the Secretary of Stateβ
(a)a fee, if the device is a Group A device, of Β£207; or
(b)a fee, if the device is a Group B device, of Β£331.F497]
[F498(3B)A person who requests a meeting with the Secretary of State in respect of an intended clinical investigation under regulation 16(1A) or 29(1A) must pay the following fees in advance of the meetingβ
(a)Β£906 for a regulatory advice meeting under regulation 16(1A)(a) or 29(1A)(a); and
(b)Β£782 for a statistical review meeting under regulation 16(1A)(b) or 29(1A)(b).F498]
(4) A fee under this regulationβ
(a)shall be payable when the notice to which it relates is given to the Secretary of State; and
(b)shall accompany that notice when it is given.
Fees payable in relation to clinical investigation noticesE92
56.β(1) Subject to paragraph (2), any person required to give the Secretary of State notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) shall, in respect of the consideration by the Secretary of State of the information that the person is required to submit, pay to the Secretary of Stateβ
(a)if, as regards that device, it is the second or subsequent occasion on which the person has given the Secretary of State notice of an intended clinical investigation, and the changes from the immediately preceding notice are limited to addressing the grounds on which the Secretary of State has refused or withdrawn permission to hold a clinical investigationβ
(i)a fee, if the device is a Group A device, of [F706Β£2,920F706] , or
(ii)a fee, if the device is a Group B device, of [F706Β£3,570F706] ; or
(b)in all other casesβ
(i)a fee, if the device is a Group A device, of [F707Β£3,820F707] , or
(ii)a fee, if the device is a Group B device, of [F707Β£5,040F707] .
(2) Except where paragraph (3) [F708or (3A)F708] applies, no fee shall be payable in respect of a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) where the manufacturer or his authorised representative has previously given such notice in relation to that device.
(3) A fee shall be payable where the investigational plan which forms part of the statement accompanying the notice differs from the plan submitted with the immediately preceding notice in that it includesβ
(a)a change to address the grounds on which the Secretary of State has refused or withdrawn permission to hold a clinical investigation;
(b)a change to the number of patients or devices forming the basis of the proposed trial;
(c)a change or extension in the indications for use of the device or to the purpose or objectives of the trial;
(d)a change in any of the materials used in the device that come into direct contact with the human body if the new materials are not known to be biocompatible; or
(e)a change in the design of the device involving a novel feature not previously tested, being a change that has a direct effect on a vital physiological function.
[F709(3A)Any person who submits an amendment to a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) shall pay to the Secretary of Stateβ
(a)a fee, if the device is a Group A device, of Β£207; or
(b)a fee, if the device is a Group B device, of Β£331.F709]
(4) A fee under this regulationβ
(a)shall be payable when the notice to which it relates is given to the Secretary of State; and
(b)shall accompany that notice when it is given.
[F499Fees in connection with approval of coronavirus test devices
56A.β(1)A person who makes an application to the Secretary of State under regulation 38A(1) must pay to the Secretary of State a fee ofβ
(a)Β£14,000; or
(b)if the person is a small or medium-sized enterprise, Β£6,200.
(2)Where the Secretary of State, in accordance with regulation 38A(4), treats an application made before the coming into force of regulation 38A as an application made under that regulation, a payment made in respect of that application before the coming into force of this regulation must be treated asβ
(a)a payment meeting the requirements of paragraph (1), if that payment would have met those requirements after their coming into force; or
(b)a payment contributing in part to the payment required by paragraph (1), if that payment would not have met those requirements after their coming into force.
(3)In this regulationβ
(a)a person is a small or medium-sized enterprise if it and persons associated with it employ no more than 250 individuals in total; and
(b)βpersons associated with itβ has the same meaning as in section 882 of the Corporation Tax Act 2010.F499]
[F500Circumstances in which a fee is payable in relation to a consultation on the safety, quality and usefulness of a medicinal substance incorporated in a device
56B.β(1)Subject to paragraph (2), the fee payable by an approved body in respect of a consultation or further consultation with the Secretary of State in relation to the safety, quality and usefulness of a medicinal substance incorporated in a device is the fee specified in regulation 56C.
(2)No fee is payable if it is the first time the Secretary of State has been consulted by any approved body in relation to the safety, quality and usefulness of a medicinal substance incorporated in a device if the medicinal substance is an authorised medicinal product.F500]
[F501Fees payable in connection with a consultation or further consultation on the safety, quality and usefulness of a medicinal substance incorporated in a device
56C.β(1)Subject to regulation 56B(2) and paragraph (3), the fee in respect of a consultation in relation to a device which incorporates one or more medicinal substances isβ
(a)Β£4,550 if each medicinal substance is manufactured by an approved manufacturer of that substance;
(b)Β£10,604 if any of the medicinal substances are not manufactured by an approved manufacturer of that substance.
(2)Subject to paragraph (3), the fee in respect of a further consultation in relation to a device which incorporates one or more medicinal substances isβ
(a)Β£900 if each medicinal substance is manufactured by an approved manufacturer of that substance;
(b)Β£2,451 if any of the medicinal substances are not manufactured by an approved manufacturer of that substance.
(3)In relation to a device which incorporates a new medicinal substance, the fee isβ
(a)Β£46,526 for a consultation; and
(b)Β£11,551 for a further consultation.
(4)Where an approved body consults the Secretary of State in relation to more than one device at the same time and those devicesβ
(a)are of similar construction and are designed to perform similar functions;
(b)incorporatemedicinal substances of the same specification which are manufactured by the same manufacturer or manufacturers; and
(c)do not incorporate any other medicinal substance;
the fee payable for that consultation is the fee which would be payable under this regulation for a consultation in relation to one of those devices.
(5)Any fee payable under this regulation must be paid to the Secretary of State not later than the day on which an approved body consults the Secretary of State.F501]
[F502Fees payable in connection with pre-consultation meetings
56D.β(1)The fee payable by a person other than an approved body with whom the Secretary of State holds a meeting in order to provide scientific advice with a view to that person making an application for an examination certificate in relation to a device incorporating a medicinal substance is specified in paragraph (3).
(2)The fee payable by an approved body with whom the Secretary of State holds a meeting in order to provide scientific advice with a view to that body consulting the Secretary of State in relation to an application for an examination certificate in relation to a device incorporating a medicinal substance is specified in paragraph (3).
(3)The fee payable isβ
(a)Β£824, if the advice provided at that meeting consists of advice in connection withβ
(i)quality development only, or
(ii)safety development only;
(b)Β£1,044, if the advice provided at that meeting consists of advice in connection withβ
(i)quality and safety development only, or
(ii)clinical development only;
(c)Β£1,429, if the advice provided at that meeting consists of advice in connection withβ
(i)quality and clinical development only, or
(ii)safety and clinical development only;
(d)Β£1,813, if the advice provided at that meeting consists of advice in connection with quality, safety and clinical development.
(4)Any fee payable under this regulation must be paid within 14 days following written notice from the Secretary of State requiring payment of that fee F502]
Unpaid fees
57. All unpaid sums due by way of, or on account of, any fees payable under this Part are recoverable as debts due to the Crown.
Waivers, reductions and refunds
58.β(1) The Secretary of State mayβ
(a)waive payment of any fee or reduce any fee or part of a fee otherwise payable under this Part;
(b)refund the whole or part of any fee paid pursuant to this Part.
(2) Without prejudice to the generality of paragraph (1), whereβ
(a)a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) is withdrawn within the period of 7 days beginning with the date of its receipt by the Secretary of State; or
(b)an application for designation asβ
(i)[F503an approved bodyF503] under regulation 45(1), or
(ii)[F504a CABF504] under regulation 48(1),
(other than one submitted only to address the grounds of rejection of a previous application) is withdrawn within the period of 21 days beginning with the date of its receipt by the Secretary of State,
the fee payable shall be reduced to fifty per cent of the fee otherwise payable in respect of such notice or application, and any excess already paid shall be refunded.
Waivers, reductions and refunds
58.β(1) The Secretary of State mayβ
(a)waive payment of any fee or reduce any fee or part of a fee otherwise payable under this Part;
(b)refund the whole or part of any fee paid pursuant to this Part.
(2) Without prejudice to the generality of paragraph (1), whereβ
(a)a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) is withdrawn within the period of 7 days beginning with the date of its receipt by the Secretary of State; or
(b)an application for designation asβ
(i)a notified body under regulation 45(1), or
(ii)[F710a CABF710] under regulation 48(1),
(other than one submitted only to address the grounds of rejection of a previous application) is withdrawn within the period of 21 days beginning with the date of its receipt by the Secretary of State,
the fee payable shall be reduced to fifty per cent of the fee otherwise payable in respect of such notice or application, and any excess already paid shall be refunded.
PART VIIGeneral, Enforcement and Miscellaneous
Interpretation of Part VII
F50559. In this Part ...β
[F506βregistrable deviceβ means a device in respect of which, in accordance with the Medical Devices Directives, registration is required with the competent authorities of a Member State or (where appropriate) a State which is a Party to an Association Agreement;F506]
F507βrelevant deviceβ means a device that is a βrelevant deviceβ for the purposes of Part II, III or IV ....
[F508Status of UK responsible personF508]E45
F50960.β(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F509(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F510(3)A UK responsible personβ
(a)may be proceeded against as a person placing the device on the market for the purposes of these regulations;
(b)in relation to the supply of the device to a person within the United Kingdom after it has been placed on the market, may be proceeded against as a person supplying the device after it has been placed on the market.F510]
(4) If a person claims or purports to act as [F511a UK responsible personF511] , the Secretary of State may, for the purposes of enabling the Secretary of State to exercise his functions under these Regulations, require that person to furnish the Secretary of State with sufficient [F512evidence that he is [F513a UK responsible personF513,F512]] .
Designation etc. of authorised representativesE93
F71160.β(1) Where these Regulations place any obligation... on a manufacturer of a device or his authorised representative, and the manufacturer does not have a registered place of business[F712in a relevant stateF712] , no person shallβ
(a)place that device on the market; or
(b)supply that device in circumstances where it has been placed on the market,
unless the manufacturer of the device has designated [F713a single authorised representativeF713] to perform that obligation, but once the manufacturer has designated [F713a single authorised representativeF713] to perform that obligation, that obligation shall be performed by the authorised representative (although in all other cases it shall be performed by the manufacturer).
(2) If the manufacturer of a registrable device does not have a registered place of business[F714in a relevant stateF714] , no person shall place that device on the market or supply that device in circumstances where it has been placed on the market unless its manufacturer has designated [F713a single authorised representativeF713] asβ
(a)the person responsible for marketing the device [F715in a relevant stateF715] ; and
(b)the person responsible for registering in respect of that device withβ
(i)the Secretary of State in accordance with regulation 19 or, as the case may be, 44, or
(ii)the competent authorities of another Member State or (where appropriate) a State which is a Party to an Association Agreement.
(3) Where a manufacturer of a registrable device, or of a relevant device that is not registrable, has designated [F713a single authorised representativeF713] as the person responsible for marketing the device within [F716a relevant stateF716] , that authorised representativeβ
(a)may be proceeded against as a person placing the device on the market for the purposes of these Regulations;
(b)in relation to any supply of the device to a person within [F717Northern IrelandF717] after it has been placed on the market, may be proceeded against as a person supplying the device after it has been placed on the market, unless that supply is due to an act of another person established in [F718a relevant stateF718] .
(4) If a person claims or purports to act as an authorised representative of a manufacturer of a device, the Secretary of State may, for the purposes of enabling the Secretary of State to exercise his functions under these Regulations, require that person to furnish the Secretary of State with sufficient [F719evidence that he is the single authorised representative of the manufacturerF719] .
Enforcement etc.
[F51461.β(1A)It is the duty of the Secretary of State to enforce these regulations in relation to relevant devices and devices for performance evaluation.
(1B)It is the duty of each weights and measures authority in Great Britain and each district council in Northern Ireland to enforce these regulations within its area (concurrently with the Secretary of State) in relation to relevant devices that are ordinarily intended for private use or consumption.
(1C)Nothing in this regulation authorises a weights and measures authority to bring proceedings in Scotland for an offence.F514]
Enforcement etc.E94
F720,F721,M1961.β(1) Notwithstanding that they are made partly in exercise of powers other than those conferred by section 11 of the 1987 Act, these Regulations shall be regarded for all purposes relating to enforcement (whether by criminal proceedings, notices or otherwise) ... as safety regulations as defined in that Act , and any provision of these Regulations made under those other powers shall be regarded for those purposes as a safety provision as defined in that Act .
[F722(1A)Paragraph (1) applies in relation to regulations 10A, 24A and 36A (UK(NI) indication) as it does in relation to any other provision of these Regulations to which it applies.F722]
F723(2) Except as provided by paragraph (3), ... each district council in Northern Ireland is relieved of its duty imposed by section 27(1) of the 1987 Act in so far as it is exercisable in relation to relevant devices or devices for performance evaluation, and that duty is transferred to the Secretary of State.
F724,F725(3) Paragraph (2) does not relieve an authority or council of its duty in relation to devices which are consumer goods..., and accordingly but subject to paragraph (4), ... each district council in Northern Ireland shall, concurrently with the Secretary of State, enforce these Regulations in relation to such devices.
(4) The powers of an enforcement authority to serve restriction notices under regulation 63 are only exercisable by the Secretary of State.
F726(5) Each ... council referred to in paragraph (3) on whom a duty is imposed by section 27(1) of the 1987 Act to enforce the provisions of these Regulations shall give immediate notice to the Secretary of State ofβ
(a)any suspension notice served by it under section 14 of the 1987 Act in respect of a device to which paragraph (3) applies;
(b)any application made by it under section 16 of the 1987 Act for an order for forfeiture of any such device; and
(c)any other thing done by it in respect of such a device for the purposes of, or in connection with the operation of, sections 14 to 17 of the 1987 Act.
[F727(6)In respect of an offence committed under section 12 of the 1987 Act relating to a contravention of these Regulationsβ
F728(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a magistratesβ court in Northern Ireland may hear and determine any complaint madeβ
(i)if the offence was committed before 10th March 2007, within 12 months from the time when the offence is committed, or
(ii)if the offence was committed on or after 10th March 2007, within three years from the time when the offence was committed or within one year from the discovery of the offence by the prosecutor, whichever is the earlier; and
F729(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F727]
(7) The powers conferred by section 13 of the 1987 Act to serve prohibition notices and notices to warn are exercisable in relation to nonβconforming devices as they are exercisable in relation to relevant goods which the Secretary of State considers are unsafe (as well as being exercisable in relation to goods considered unsafe by the Secretary of State), and in relation to non-conforming devices, Schedule 2 to the 1987 Act shall have effect as if references to goods being unsafe or safe were references to relevant devices being or not being non-conforming devices.
[F730(7A)In paragraph (3), βconsumer goodsβ means any goods which are ordinarily intended for private use or consumption.F730]
(8) In paragraph (7), βnon-conforming devicesβ meansβ
(a)relevant devices which, whether or not the Secretary of State considers them unsafe, are devices with or that require a CE marking which he considers to be devicesβ
(i)which do not conform as respects a relevant essential requirement[F731or a requirement of Regulation (EU) No 722/2012 (if applicable)F731] ; or
(ii)to which a CE marking has or should have been applied following a conformity assessment procedure set out in the Medical Devices Directives, andβ
(aa)the manufacturer or his authorised representative has failed to comply with his obligations under that procedure, or
(bb)they do not conform to the design or type described in any certificate granted as a result of that procedure; or
(b)devices for performance evaluation which, whether or not the Secretary of State considers them unsafe, are devices in respect of which there is a failure to comply with these Regulations.
Compliance notices
F51562. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction notices
F51663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notification of decisions etc.
F51764. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F518 Centralised systems of records etc.
65.The Secretary of State shall perform, as respects [F519Northern IrelandF519], the functions of the Member State under article 8 of Directive 90/385, article 10 of Directive 93/42 and article 11(1) to (3) of Directive 98/79.F518]
Revocations
66. The following provisions are hereby revokedβ
(a)M7the Active Implantable Medical Devices Regulations 1992 ;
(b)M8the Medical Devices Regulations 1994 ;
(c)M9the Active Implantable Medical Devices (Amendment and Transitional Provisions) Regulations 1995 ;
(d)M10the Medical Devices Fees Regulations 1995 ;
(e)M11the Medical Devices Fees (Amendment) Regulations 1997 ;
(f)M12theIn Vitro Diagnostic Medical Devices Regulations 2000 ; and
(g)M13regulations 6 and 13 of the Medicines (Codification Amendments Etc.) Regulations 2002 .
[F520ReviewE46
67.Before the end of 31st December [F5212025F521], the Secretary of State mustβ
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.F520]
[F732ReviewE95
67.Before the end of 31st December 2019, the Secretary of State mustβ
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.F732]
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
We consent,
Tony McNulty
Nick Ainger
Two of the Lords Commissioners of Her Majestyβs Treasury
Regulation 2(1)
[F522SCHEDULE 1 ASSOCIATION AGREEMENTS
[F5231.The Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12th September 1963.F523,F522]]
Regulation 2(1)
SCHEDULE 2 MUTUAL RECOGNITION AGREEMENTSE47
M141. The agreement on mutual recognition in relation to conformity assessment certificates and markings between the European Community and Australia, initialled on 19th July 1996 .
M152. The agreement on mutual recognition in relation to conformity assessment between the European Union and New Zealand, initialled on 19th July 1996 .
M163. The agreement on mutual recognition between the European Community and Canada, signed in London on 14th May 1998 .
M174. The agreement on mutual recognition between the European Community and the United States of America, signed in London on 18th May 1998 .
[F5245.The agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment signed in Luxembourg on 21st June 1999.F524]
Regulation 1A
[F525SCHEDULE 2Mutual Recognition Agreement countriesE48
β Australia
β New Zealand
β Canada
β The United States of America
β The Swiss ConfederationF525]
Regulation 1A
[F526SCHEDULE 2AModification of Annexes to Directives 90/385, 93/42, 98/79
PART 1Modification of Annexes to Directive 90/385
1.β(1)The Annexes to Directive 90/385 are modified so that they read as if amended by paragraphs 2 to 10.
(2)In this Part any reference to βthe Regulationsβ is a reference to the Medical Devices Regulations 2002.
2.In Annex 1β
[F527(za)in Section 2, for βthe functions referred to in Article 1(2)(a)β substitute βthe purposes referred to in the definition of a medical device in regulation 2(1) of the RegulationsF527]
(a)in Section 8 for the fifth indent substitute β
ββrisks connected with ionising radiation from radioactive substances included in the device,β;
(b)for Section 10 substituteβ
β10.Where a device incorporates, as an integral part, a substance which, if used separately, may be considered to be a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012, and which is liable to act upon the body with an action ancillary to that of the device, the quality, safety and usefulness of the substance must be verified by analogy with the methods specified in Annex I to Directive 2001/83/EC as modified by Schedule 8B to the Human Medicines Regulations 2012.
For the substances referred to in the first paragraph, the approved body shall, having verified the usefulness of the substance as part of the medical device and taking account of the intended purpose of the device, seek a scientific opinion from the Secretary of State on the quality and safety of the substance including the clinical benefit/risk profile of the incorporation of the substance into the device. When issuing an opinion, the Secretary of State shall take into account the manufacturing process and the data related to the usefulness of incorporation of the substance into the device as determined by the approved body.
Where a device incorporates, as an integral part, a human blood derivative, the approved body shall, having verified the usefulness of the substance as part of the device and taking into account the intended purpose of the device, seek a scientific opinion from the Secretary of State on the quality and safety of the substance including the clinical benefit/risk profile of the incorporation of the human blood derivative into the device. When issuing the opinion, the Secretary of State shall take into account the manufacturing process and the data related to the usefulness of incorporation of the substance into the device as determined by the approved body.
Where changes are made to an ancillary substance incorporated in a device, in particular related to its manufacturing process, the approved body shall be informed of the changes and shall consult the Secretary of State, in order to confirm that the quality and safety of the ancillary substance are maintained. The Secretary of State shall take into account the data related to the usefulness of the incorporation of the substance into the device as determined by the approved body, in order to ensure that the changes have no negative impact on the established benefit/risk profile of the addition of the substance in the device.
When the Secretary of State has obtained information on the ancillary substance, which could have an impact on the established benefit/risk profile of the addition of the substance to the device, the Secretary of State shall provide the approved body with advice on whether this information has an impact on the established benefit/risk profile of the addition of the substance to the device or not. The approved body shall take the updated scientific opinion into account in reconsidering its assessment of the conformity assessment procedure.β;
(c)in Section 14.2 β
(i)for βthe name and address of the authorised representativeβ substitute β, where such a person is appointed under regulation 21A of the Regulations, the name and address of the UK responsible person,β;
(ii)for βthe Communityβ substitute βthe United Kingdomβ;
[F528(iii)for βa device within the meaning of Article 1(4a)β substitute βa stable derivatives deviceF528]
(d)in Section 15 in the first indent for βCE markβ substitute βUK markβ.
3.In Annex 2β
(a)for the heading substitute βDeclaration of conformityβ;
(b)for βthe notified bodyβ each time it occurs substitute βthe approved bodyβ;
(c)for βthis Directiveβ each time it occurs substitute βthe Regulationsβ;
(d)in Section 1, for βEC Surveillanceβ substitute βSurveillanceβ;
(e)in Section 2β
(i)for βhis authorized representativeβ substitute βtheir UK responsible personβ;
(ii)omit βestablished within the Communityβ;
(iii)for βCE markingβ [F529, in both places it occurs,F529] substitute βUK markingβ;
[F530(iv)for βArticle 12β substitute βregulation 24β;F530]
(f)in Section 3.1β
(i)in the opening words, for βa notified bodyβ substitute βan approved bodyβ;
(ii)in the fifth indent, for βcompetent authoritiesβ substitute βSecretary of Stateβ;
[F531(g)in Section 3.2β
(i)in the first paragraph, omit βof this Directiveβ;
(ii)in point (c), for βArticle 5β substitute βregulation 3A of the Regulationsβ;F531]
[F532(h)in Section 3.3β
(i)for the first sentence substituteβ
βThe quality system shall be audited by an approved body to determine whether it meets the requirements referred to in Section 3.2.β
(ii)in the second sentence for βharmonizedβ substitute βdesignatedβ;F532]
(i)in Section 3.4, in the second paragraph, for the first sentence substituteβ
βThe proposed modifications shall be evaluated by the approved body so as to verify whether the quality system so modified would still meet the requirements referred to in Section 3.2.β;
(j)in Section 4.2 in the second indent for βArticle 5β substitute βregulation 3A of the Regulationsβ;
(k)for Section 4.3 substituteβ
β4.3.The approved body must examine the application and, where the product complies with the relevant provisions of the Regulations, shall issue the applicant with a design certificate. The approved body may require the application to be supplemented by further tests or proof so that compliance with the requirements of the Regulations may be evaluated. The certificate shall contain conclusions of the examination, the conditions of its validity, the data needed for identification of the approved design and, where appropriate, a description of the intended use of the product.
In the case of devices referred to in Annex 1, Section 10, second paragraph, the approved body shall, as regards the aspects referred to in that Section, consult the Secretary of State before taking the decision. The opinion of the Secretary of State shall be drawn up within 210 days after receipt of valid documentation. The scientific opinion of the Secretary of State must be included in the documentation concerning the device. The approved body will give due consideration to the views expressed in this consultation when making its decision. It must convey its final decision to the Secretary of State.
In the case of devices referred to in Annex I, Section 10, third paragraph, the scientific opinion of the Secretary of State must be included in the documentation concerning the device. The opinion of the Secretary of State shall be drawn up within 210 days after receipt of valid documentation. The approved body will give due consideration to the opinion of the Secretary of State when making its decision. The approved body may not deliver the certificate if the Secretary of Stateβs decision is unfavorable. It must convey its final decision to the Secretary of State.β;
(l)in Section 4.4, for each reference to βEC designβ substitute βdesignβ;
(m)in Section 6.1β
(i)for βnational authoritiesβ substitute βSecretary of Stateβ;
(ii)for βhis authorised representativeβ substitute βtheir UK responsible personβ;
(n)for Section 6.2 substituteβ
β6.2.On request, an approved body must make available to other approved bodies and to the Secretary of State all relevant information on approvals of quality systems, issued, refused or withdrawn.β;
(o)for Section 7 substituteβ
β7.Application to the devices incorporating a human blood derivative:
Upon completing the manufacture of each batch of devices incorporating a human blood derivative, the manufacturer shall inform the approved body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device, issued by a laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012.β.
4.In Annex 3β
(a)in the title for βEC TYPE-EXAMINATIONβ substitute βTYPE-EXAMINATIONβ;
(b)for βEC type-examinationβ in each other place substitute βtype-examinationβ;
(c)for βa notified bodyβ in each place substitute βan approved bodyβ;
(d)for βthe notified bodyβ in each place substitute βthe approved bodyβ;
(e)in Section 1, for βthis Directiveβ substitute βthe Regulationsβ;
(f)in Section 2β
(i)for the first sentence substituteβ
βThe application for type-examination shall be made by the manufacturer to the approved body.β;
(ii)for βthe authorized representativeβ substitute βthe UK responsible personβ;
(iii)for βthis Directiveβ substitute βthe Regulationsβ;
(g)in Section 3, for each reference to βArticle 5β substitute βregulation 3A of the Regulationsβ;
(h)for Sections 4 and 5, substituteβ
β4.The approved body shallβ
4.1.examine and evaluate the documentation, verify that the type has been manufactured in accordance with that documentation; it shall also record the items which have been designed in accordance with the applicable provisions of the standards referred to in regulation 3A of the Regulations, as well as the items for which the design is not based on the relevant provisions of the said standards.
4.2.carry out or have carried out the appropriate inspections and the tests necessary to verify whether the solutions adopted by the manufacturer satisfy the essential requirements where the standards referred to in regulation 3A of the Regulations have not been applied.
4.3.carry out or have carried out the appropriate inspections and the tests necessary to verify whether, where the manufacturer has chosen to apply the relevant standards, these have actually been applied.
4.4.agree with the applicant on the place where the necessary inspections and tests will be carried out.
5.Where the type meets the provisions of the Regulations, the approved body shall issue a type-examination certificate to the applicant. The certificate shall contain the name and address of the manufacturer, the conclusions of the control, the conditions under which the certificate is valid and the information necessary for identification of the type approved. The relevant parts of the documentation must be annexed to the certificate and a copy kept by the approved body.
In the case of devices referred to in Annex I, Section 10, second paragraph, the approved body shall, as regards the aspects referred to in that Section, consult the Secretary of State before taking the decision. The opinion of the Secretary of State shall be drawn up within 210 days after receipt of valid documentation. The scientific opinion of the Secretary of State must be included in the documentation concerning the device. The approved body will give due consideration to the views expressed in this consultation when making its decision. It must convey its final decision to the Secretary of State.
In the case of devices referred to in Annex I, Section 10, third paragraph, the scientific opinion of the Secretary of State must be included in the documentation concerning the device. The opinion of the Secretary of State shall be drawn up within 210 days after receipt of valid documentation. The approved body will give due consideration to the opinion of the Secretary of State when making its decision. The approved body may not deliver the certificate if the Secretary of Stateβs decision is unfavorable. It must convey its final decision to the Secretary of State.β;
(i)in Section 6 omit βECβ each time it occurs;
(j)for Section 7 substituteβ
β7.1.On request, an approved body shall make available to other conformity assessment bodies (including other approved bodies) and to the Secretary of State all relevant information on type-examination certificates and addenda to those certificates issued, refused and withdrawn.
7.2.The approved body must cooperate with other approved bodies with regard to making available copies of the type examination certificates or addenda to those certificates but, as regards copies of annexes to the certificates, must only make those available to other approved bodies with the consent of the manufacturer.
7.3.The manufacturer or their UK responsible person shall keep with the technical documentation a copy of the UK type-examination certificates and the supplements to them for a period of at least 15 years from the manufacture of the last product.β.
5.For Annex 4 substituteβ
βANNEX 4VERIFICATION
1.Verification is the procedure whereby the manufacturer ensures and declares that the products subject to the provisions of Section 3 are in conformity with the type as described in the type-examination certification and satisfy the requirements of the Regulations that apply to them.
2.The manufacturer shall take all measures necessary in order that the manufacturing process ensures conformity of the products to the type as described in the type-examination certification and to the requirements of the Regulations that apply to them. The manufacturer shall affix the UK marking to each product and draw up a written declaration of conformity.
3.The manufacturer shall, before the start of manufacture, prepare documents defining the manufacturing processes, in particular as regards sterilization, together with all the routine, pre-established provisions to be implemented to ensure uniformity of production and conformity of the products with the type as described in the type examination certificate as well as with the relevant requirements of the Regulations.
4.The manufacturer must undertake to institute and keep updated a post-marketing surveillance system including the provisions referred to in Annex 7. This undertaking must include the obligation on the part of the manufacturer to notify the Secretary of State of the following events immediately on learning of themβ
(i)any change in the characteristics or performances and any inaccuracies in the instruction leaflet for a device which might lead to or have led to the death of a patient or deterioration in the patientβs state of health;
(ii)any technical or medical reason resulting in the withdrawal of a device from the market by a manufacturer.
5.The approved body must carry out the appropriate examinations and tests in order to check the conformity of the product to the requirements of the Regulations by examination and testing of products on a statistical basis, as specified in Section 6. The manufacturer must authorize the approved body to evaluate the efficiency of the measures taken pursuant to Section 3, by audit where appropriate.
6.Statistical verification
6.1.Manufacturers must present the products manufactured in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.
6.2.A random sample must be taken from each batch. Products in a sample shall be individually examined and appropriate tests, as set out in the standards referred to in regulation 3A of the Regulations, or equivalent tests must be carried out to verify their conformity to the type as described in the type-examination certificate and thereby determine whether a batch is to be accepted or rejected.
6.3.Statistical control of products will be based on attributes and/or variables, entailing sampling schemes with operational characteristics which ensure a high level of safety and performance according to the state of the art. The sampling schemes will be established by the designated standards referred to in regulation 3A of the Regulations, taking account of the specific nature of the product categories in question.
6.4.Where batches are accepted, the approved body shall affix, or cause to be affixed, its identification number to each product and draw up a written certificate of conformity relating to the tests carried out. All products in the batch may be placed on the market except for those products from the sample which were found not to be in conformity. Where a batch is rejected, the approved body shall take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches the approved body may suspend the statistical verification.
The manufacturer may, with the agreement of the approved body, affix the approved bodyβs identification number during the manufacturing process.
6.5.The manufacturer or their UK responsible person must ensure that they are able to supply the approved bodyβs certificates of conformity on request.
7.Application to the devices incorporating human blood derivative:
Upon completing the manufacture of each batch of devices incorporating human blood derivative the manufacturer shall inform the approved body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device, issued by a laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012.β.
6.For Annex 5, substituteβ
βANNEX 5DECLARATION OF CONFORMITY TO TYPE
(Assurance of production quality)
1.The manufacturer shall apply the quality system approved for the manufacture and must conduct the final inspection of the products concerned as specified in Section 3; the manufacturer shall be subject to the surveillance referred to in Section 4.
2.This declaration of conformity is the procedural element whereby the manufacturer who satisfies the obligations of Section 1 guarantees and declares that the products concerned conform to the type described in the type-examination certificate and meet the provisions of the Regulations which apply to them.
The manufacturer must affix the UK marking in accordance with regulation 24 of the Regulations and draw up a written declaration of conformity. This declaration shall cover one or more devices manufactured, clearly identified by means of product name, product code or other unambiguous reference and must be kept by the manufacturer. The UK marking shall be accompanied by the identification number of the approved body responsible.
3.Quality system
3.1.The manufacturer shall make an application for evaluation of their quality system to an approved body.
The application shall include:
all appropriate information concerning the products which it is intended to manufacture,
the quality-system documentation,
an undertaking to fulfil the obligations arising from the quality system as approved,
an undertaking to maintain the approved quality system in such a way that it remains adequate and efficacious,
where appropriate, the technical documentation relating to the approved type and a copy of the type-examination certificate,
an undertaking by the manufacturer to institute and keep up-dated a post-marketing surveillance system including the provisions referred to in Annex 7. The undertaking shall include an obligation for the manufacturer to notify the Secretary of State of the following incidents immediately on learning of them:
(i)any deterioration in the characteristics or performances, and any inaccuracies in the instruction leaflet for a device which might lead to or have led to the death of a patient or a deterioration in the patientβs state of health;
(ii)any technical or medical reason resulting in withdrawal of a device from the market by the manufacturer.
3.2.Application of the quality system must ensure that the products conform to the type described in the type-examination certificate.
All the elements, requirements and provisions adopted by the manufacturer for their quality system shall be documented in a systematic and orderly manner in the form of written policies and procedures. This quality-system documentation must make possible a uniform interpretation of the quality policies and procedures such as quality programmes, quality plans, quality manuals and quality records. It shall include in particular an adequate description ofβ
(a)the manufacturerβs quality objectives;
(b)the organization of the business and in particularβ
the organizational structures, the responsibilities of the managerial staff and their organizational authority where manufacture of the products is concerned,
methods of monitoring the efficient operation of the quality system and in particular its ability to achieve the desired quality of the products, including control of products which do not conform,
where the manufacture and/or final inspection and testing of the products, or elements thereof, are carried out by a third party, the methods of monitoring the efficient operation of the quality system and in particular the type and extent of control applied to the third party;
(c)the techniques of control and of quality assurance at the manufacturing stage and in particularβ
the processes and procedures which will be used, particularly as regards sterilization, purchasing and the relevant documents,
product identification procedures drawn up and kept up-to-date from drawings, specifications or other relevant documents at every stage of manufacture;
(d)the appropriate tests and trials which will be effected before, during and after production, the frequency with which they will take place, and the test equipment used.
3.3.Without prejudice to regulation 50 of the Regulations, the approved body shall effect an audit of the quality system to determine whether it meets the requirements referred to in Section 3.2. It shall presume conformity with these requirements for the quality systems which use the corresponding harmonized standards.
The team entrusted with the evaluation shall include at least one member who has already had experience of evaluations of the technology concerned. The evaluation procedure shall include an inspection on the manufacturerβs premises.
The decision shall be notified to the manufacturer after the final inspection. It shall contain the conclusions of the control and a reasoned evaluation.
3.4.The manufacturer shall inform the approved body which has approved the quality system of any plan to alter that system.
The approved body shall evaluate the proposed modifications and shall verify whether the quality system so modified would meet the requirements referred to in Section 3.2; it shall notify the manufacturer of its decision. This decision shall contain the conclusions of the control and a reasoned evaluation.
4.Surveillance
4.1.The aim of surveillance is to ensure that the manufacturer duly fulfils the obligations which arise from the approved quality system.
4.2.The manufacturer shall authorize the approved body to carry out all necessary inspections and shall supply it with all appropriate information, in particularβ
the quality-system documentation,
the technical documentation,
the data stipulated in the part of the quality system relating to manufacture, such as reports concerning inspections, tests, standardizations/ calibrations and the qualifications of the staff concerned, etc.
4.3.The approved body must periodically carry out appropriate inspections and evaluations in order to ascertain that the manufacturer is applying the approved quality system, and shall supply the manufacturer with an evaluation report.
4.4.In addition, the approved body may make unannounced visits to the manufacturer, and must supply the manufacturer with an inspection report.
5.The approved body shall communicate to the other approved bodies all relevant information concerning approvals of quality systems issued, refused or withdrawn.
6.Application to the devices incorporating human blood derivative:
Upon completing the manufacture of each batch of devices, incorporating human blood derivative, the manufacturer shall inform the approved body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device, issued by a laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012.β.
7.In Annex 6β
(a)in Section 1, for βauthorised representative established within the Communityβ substitute βUK responsible personβ;
(b)in Section 3 for βthe competent national authoritiesβ substitute βthe Secretary of Stateβ;
(c)in Section 3.1 for βthis Directiveβ substitute βthe Regulationsβ;
(d)in Section 3.2 for the fourth indent substituteβ
ββthe results of the risk analysis and a list of the designated standards provided for in regulation 3A of the Regulations, applied in full or in part, and a description of the solutions adopted to satisfy the essential requirements where the standards in regulation 3A of the Regulations have not been applied,β;
(e)in Section 5, in the opening paragraph, for βcompetent authoritiesβ substitute βSecretary of Stateβ.
[F5338.In Annex 7β
(a)in Section 1.1 for βharmonisedβ substitute βdesignatedβ;
(b)in Section 2.3.5 for βall competent authorities of the Member States in which the clinical investigation is being performedβ substitute βthe Secretary of Stateβ;F533]
9.In Annex 8β
(a)in the title for βwhen designating inspection bodies to be notifiedβ substitute βwhen designating approved bodiesβ;
[F534(aa)in Section 1 for βauthorized representativeβ substitute βUK responsible personβ;F534]
(b)in Section 3 omit the words βand for which it has been notifiedβ;
(c)in Section 6 omit from βunless liabilityβ to the end;
(d)in Section 7 omit from β(except vis-Γ -visβ to the end.
10.Omit Annex 9.
PART 2Modification of Annexes to Directive 93/42
11.β(1)The Annexes to Directive 93/42 are modified so that they read as if amended by paragraphs 12 to 23.
(2)In this Part any reference to βthe Regulationsβ is a reference to the Medical Devices Regulations 2002.
12.In Annex Iβ
(a)in Section 3, for βArticle 1(2)(a)β substitute βregulation 2(1) of the Regulationsβ;
(b)in Section 7, for βnotified bodyβ each time it occurs substitute βapproved bodyβ;
(c)for Section 7.4, substituteβ
β7.4.Where a device incorporates, as an integral part, a substance which, if used separately, may be considered to be a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012, and which is liable to act upon the body with action ancillary to that of the device, the quality, safety and usefulness of the substance must be verified by analogy with the methods specified in Annex I toDirective 2001/83/ECas modified by the Human Medicines Regulations 2012.
For the substances referred to in the first paragraph, the approved body shall, having verified the usefulness of the substance as part of the medical device and taking account of the intended purpose of the device, seek a scientific opinion from the Secretary of State on the quality and safety of the substance including the clinical benefit/risk profile of the incorporation of the substance into the device. When issuing an opinion, the Secretary of State shall take into account the manufacturing process and the data related to the usefulness of incorporation of the substance into the device as determined by the approved body.
Where a device incorporates, as an integral part, a human blood derivative, the approved body shall, having verified the usefulness of the substance as part of the medical device and taking into account the intended purpose of the device, seek a scientific opinion from the Secretary of State on the quality and safety of the substance including the clinical benefit/risk profile of the incorporation of the human blood derivative into the device. When issuing the opinion, the Secretary of State shall take into account the manufacturing process and the data related to the usefulness of incorporation of the substance into the device as determined by the approved body.
Where changes are made to an ancillary substance incorporated in a device, in particular related to its manufacturing process, the approved body must be informed of the changes and must consult the Secretary of State in order to confirm that the quality and safety of the ancillary substance are maintained. The Secretary of State must take account of the data related to the usefulness of incorporation of the substance into the device as determined by the approved body, in order to ensure that the changes have no negative impact on the established benefit/risk profile of the addition of the substance in the medical device.
When the Secretary of State has obtained information on an ancillary substance, which could have an impact on the established benefit/risk profile of the addition of the substance to the device, the Secretary of State must provide the approved body with advice on whether this information has any impact on the established benefit/risk profile of the addition of the substance in the medical device or not. The approved body must take the updated scientific opinion into account in reconsidering its assessment of the conformity assessment procedure.β;
(d)in Section 7.5β
(i)for the reference to βAnnex 1 to Council Directive 67/548/EEC of 27 June 1967β, substitute βRegulation(EC) No. 1272/2008β;
(ii)for the reference to βAnnex 1 to Council Directive 67/548/EECβ, substitute βthe UK mandatory classification and labelling list established and maintained in accordance with Article 38A of Regulation 1272/2008β;
(e)in Section 10.3 for βthe provisions of Council Directive 80/181/EECβ substitute βthe Units of Measurement Regulations 1986β;
(f)in Section 13.3β
(i)in point (a) β
(aa)for the first two references to βthe Communityβ substitute βGreat Britainβ;
(bb)for the third reference to βthe Communityβ substitute βthe United Kingdomβ;
(cc)for βthe authorised representativeβ substitute βthe UK responsible person (where appointed in accordance with regulation 7A of the Regulations)β;
(ii)in point (f) omit the second sentence;
(iii)in point (n) omit βin the case of a device within the meaning of Article 1(4a),β.
13.In Annex IIβ
(a)in the title omit βECβ;
(b)for each reference to βthe notified bodyβ substitute βthe approved bodyβ;
(c)in Section 1 omit βCommunityβ;
(d)in Section 2β
(i)omit βECβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(iii)for βCE markingβ substitute βUK markingβ;
(iv)omit the words βin accordance with Article 17β;
[F535(da)in Section 3.1β
(i)in the first sentence, for βa notified bodyβ substitute βan approved bodyβ;
(ii)for βother notified bodyβ substitute βother approved bodyβ;
(iii)for βthe competent authoritiesβ substitute βthe Secretary of Stateβ;F535]
(e)in Section 3.2β
(i)in the first paragraph for βthis Directiveβ substitute βthe Regulationsβ
(ii)in point (c)β
(aa)for βArticle 5β substitute βregulation 3A of the Regulationsβ;
(bb)for βCommission Directive 2003/32/ECβ substitute βCommission Regulation 722/2012β;
(f)for Section 3.3 substituteβ
β3.3.The approved body must audit the quality system to determine whether it meets the requirements referred to in Section 3.2. It must presume that quality systems which implement the relevant designated standards conform to these requirements.
The assessment team must include at least one member with past experience of assessments of the technology concerned. The assessment procedure must include an assessment, on a representative basis, of the documentation of the design of the product concerned, an inspection on the manufacturerβs premises and, in duly substantiated cases, on the premises of the manufacturerβs suppliers and/or subcontractors to inspect the manufacturing processes.
The decision must be notified to the manufacturer. It must contain the conclusions of the inspection and a reasoned assessment.β.
(g)for Section 3.4 substituteβ
β3.4.The manufacturer must inform the approved body which approved the quality system of any plan for substantial changes to the quality system or the product-range covered. The approved body must assess the changes proposed and verify whether after these changes the quality system still meets the requirements referred to in Section 3.2. It must notify the manufacturer of its decision. This decision must contain the conclusions of the inspection and a reasoned assessment.β;
(h)in Section 4.2, for βthis Directiveβ substitute βthe Regulationsβ;
(i)for Section 4.3 substituteβ
β4.3.The approved body must examine the application and, where the product complies with the relevant provisions of the Regulations, must issue the applicant with a design certificate. The approved body may require the application to be supplemented by further tests or proof so that compliance with the requirement of the Regulations may be evaluated. The certificate must contain conclusions of the examination, the conditions of its validity, the data needed for identification of the approved design and, where appropriate, a description of the intended use of the product.
In the case of devices referred to in Annex 1, Section 7.4, second paragraph, the approved body must, as regards the aspects referred to in that Section, consult the Secretary of State before taking the decision. The opinion of the Secretary of State must be drawn up within 210 days after receipt of valid documentation. The scientific opinion of the Secretary of State must be included in the documentation concerning the device. The approved body will give due consideration to the views expressed in this consultation when making its decision. It must convey its final decision to the Secretary of State.
In the case of devices referred to in Annex I, Section 7.4, third paragraph, the scientific opinion of the Secretary of State must be included in the documentation concerning the device. The opinion of the Secretary of State must be drawn up within 210 days after receipt of valid documentation. The approved body will give due consideration to the opinion of the Secretary of State when making its decision. The approved body may not deliver the certificate if the Secretary of Stateβs decision is unfavorable. It must convey its final decision to the Secretary of State.β;
(j)in Section 4.4, omit each reference to βECβ;
(k)in Section 6.1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βnational authoritiesβ substitute βSecretary of Stateβ;
(l)in Section 7.1 for βArticle 11(2) and (3)β substitute βregulation 13(2) and (3) of the Regulationsβ;
(m)in Section 7.2 omit βfor compliance with the provisions of this Directiveβ;
(n)in Section 7.3 omit βfor compliance with the provisions of this Directiveβ;
(o)in Section 7.4 β
(i)for βthis Directiveβ substitute βthe Regulationsβ;
(ii)for βthe competent authorityβ substitute βthe Secretary of Stateβ;
(p)for Section 8, substituteβ
β8.Application to the devices incorporating a human blood derivative
Upon completing the manufacture of each batch of devices incorporating a human blood derivative, the manufacturer shall inform the approved body of the release of the batch of devices and send to it the official certificate concerning the release of the batch of human blood derivative used in the device, issued by a laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012.β.
14.In Annex IIIβ
(a)for each reference to βEC type-examinationβ (including in the title), substitute βtype-examinationβ;
(b)in Section 1β
(i)for βa notified bodyβ substitute βan approved bodyβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(c)in Section 2β
(i)in the first indent,β
(aa)for βauthorized representativeβ substitute βUK responsible personβ ;
(bb)for βthe representativeβ substitute βthe UK responsible personβ;
(ii)in the second indent, for the second and third sentences substituteβ
βThe applicant must provide samples at the request of the approved body.β;
(iii)in the third indent, for βnotifiedβ substitute βapprovedβ;
(d)in Section 3β
(i)for each reference to βArticle 5β substitute βregulation 3A of these Regulationsβ;
(ii)for βDirective 2003/32/ECβ substitute βCommission Regulation 722/2012β;
(e)for Sections 4 and 5 substituteβ
β4.The approved body mustβ
4.1.examine and assess the documentation, verify that the type has been manufactured in accordance with that documentation; it must also record the items which have been designed in accordance with the applicable provisions of the standards referred to in regulation 3A of the Regulations, as well as the items for which the design is not based on the relevant provisions of the said standards;
4.2.carry out or arrange for the appropriate inspections and the tests necessary to verify whether the solutions adopted by the manufacturer satisfy the essential requirements of the Regulations where the standards referred to in regulation 3A of the Regulations have not been applied; if the device is to be connected to another device or other devices in order to operate as intended, proof must be provided that it conforms to the essential requirements when connected to any such device having the characteristics specified by the manufacturer;
4.3.carry out or arrange for the appropriate inspections and the tests necessary to verify whether, where the manufacturer has chosen to apply the relevant standards, these have actually been applied;
4.4.agree with the applicant on the place where the necessary inspections and tests will be carried out.
5.Where the type meets the provisions of the Regulations, the approved body must issue a type-examination certificate to the applicant. The certificate must contain the name and address of the manufacturer, the conclusions of the inspection, the conditions under which the certificate is valid and the information necessary for identification of the type approved. The relevant parts of the documentation must be annexed to the certificate and a copy kept by the approved body.
In the case of devices referred to in Annex I, Section 7.4, second paragraph, the approved body must, as regards the aspects referred to in that Section, consult the Secretary of State before taking the decision. The opinion of the Secretary of State must be drawn up within 210 days after receipt of valid documentation. The scientific opinion of the Secretary of State must be included in the documentation concerning the device. The approved body must give due consideration to the views expressed in this consultation when making its decision. It must convey its final decision to the Secretary of State.
In the case of devices referred to in Annex I, Section 7.4, third paragraph, the scientific opinion of the Secretary of State must be included in the documentation concerning the device. The opinion of the Secretary of State must be drawn up within 210 days after receipt of valid documentation. The approved body will give due consideration to the opinion of the Secretary of State when making its decision. The approved body may not deliver the certificate if the Secretary of Stateβs decision is unfavorable. It must convey its final decision to the Secretary of State.
In the case of devices manufactured utilizing tissues of animal origin referred to in Commission Regulation 722/2012, the approved body must follow the procedures referred to in that Regulation.β;
(f)in Section 6β
(i)for each reference to βnotified bodyβ substitute βapproved bodyβ;
(ii)omit each reference to βECβ;
(g)for Section 7.2 substituteβ
β7.2.An approved body must cooperate with other approved bodies with regard to making available copies of the type-examination certificates or addenda to those certificates but, as regards copies of annexes to the certificates, must only make those available to other approved bodies with the consent of the manufacturer.β.
(h)in Section 7.3 β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)omit βECβ.
15.In Annex IVβ
(a)omit βECβ (including in the title) each time it occurs;
(b)for both references to βthis Directiveβ substitute βthe Regulationsβ;
(c)for each reference to βthe Directiveβ substitute βthe Regulationsβ;
(d)in Section 1 for βauthorized representativeβ substitute βUK responsible personβ;
(e)in Section 2β
(i)for βCE markingβ substitute βUK markingβ;
(ii)for βArticle 17β substitute βregulation 10 of the Regulationsβ;
(f)in Section 3 for βcompetent authoritiesβ substitute βSecretary of Stateβ;
(g)for Sections 4 to 6 substituteβ
β4.The approved body must carry out the appropriate examinations and tests in order to verify the conformity of the product with the requirements of the Regulations either by examining and testing every product as specified in Section 5 or by examining and testing products on a statistical basis as specified in Section 6, as the manufacturer decides.
The aforementioned checks do not apply to those aspects of the manufacturing process designed to secure sterility.
5.Verification by examination and testing of every product
5.1.Every product must be examined individually and the appropriate tests defined in the relevant standards referred to in regulation 3A of the Regulations must be carried out in order to verify, where appropriate, the conformity of the products with the type described in the type-examination certificate and with the requirements of the Regulations which apply to them.
5.2.The approved body must affix, or have affixed its identification number to each approved product and must draw up a written certificate of conformity relating to the tests carried out.
6.Statistical verification
6.1.The manufacturer must present the manufactured products in the form of homogeneous batches.
6.2.A random sample must be taken from each batch. The products which make up the sample are examined individually and the appropriate tests defined in the relevant standards referred to in regulation 3A of the Regulations or equivalent tests must be carried out to verify, where appropriate, the conformity of the products with the type described in the type-examination certificate and with the requirements of the Regulations which apply to them in order to determine whether to accept or reject the batch.
6.3.Statistical control of products will be based on attributes and/or variables entailing sampling schemes with operational characteristics which ensure a high level of safety and performance according to the state of the art. The sampling schemes will be established by the designated standards referred to in regulation 3A of the Regulations, taking account of the specific nature of the product categories in question.
6.4.If the batch is accepted, the approved body affixes or has affixed its identification number to each product and draws up a written certificate of conformity relating to the tests carried out. All products in the batch may be put on the market except any in the sample which failed to conform.
If a batch is rejected, the approved body must take appropriate measures to prevent the batch from being placed on the market. In the event of frequent rejection of batches, the approved body may suspend the statistical verification.
The manufacturer may, on the responsibility of the approved body, affix the approved bodyβs identification number during the manufacturing process.β;
(h)in Section 7β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βnational authoritiesβ substitute βSecretary of Stateβ;
(i)in Section 8, in the opening paragraph, for βArticle 11(2)β substitute βregulation 13(2) of the Regulationsβ;
[F536(zj)in Section 8.2 for βnotified bodyβ substitute βapproved bodyβ;F536]
(j)in Section 9β
(i)for the words βreferred to in Article 1(4a)β substitute βwhich incorporate a substance derived from human blood or human plasmaβ;
[F537(ia)for βnotified bodyβ substitute βapproved bodyβ;F537]
(ii)for the words from βa State laboratoryβ to the end of that Section, substitute βa laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012β.
16.In Annex Vβ
(a)for βnotified bodyβ each time it occurs substitute βapproved bodyβ;
(b)omit βECβ each time it occurs, including in the title;
(c)in Section 1, omit βCommunityβ;
(d)in Section 2β
(i)for βthis Directiveβ substitute βthe Regulationsβ;
(ii)for βCE marking in accordance with Article 17β substitute βUK markingβ;
(e)in the eighth indent of Section 3.1, for βcompetent authoritiesβ substitute βSecretary of Stateβ;
(f)in Section 3.3, for the first sentence substituteβ
βThe quality system must be audited by the approved body to determine whether it meets the requirements referred to in Section 3.2.β;
(g)in Section 3.4, for the last two paragraphs substituteβ
βThe proposed changes must be evaluated by the approved body so as to verify whether the quality system after these changes would still meet the requirements referred to in Section 3.2.β;
(h)in Section 5.1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βnational authoritiesβ substitute βSecretary of Stateβ;
(i)in Section 6 for each reference to βthis Directiveβ substitute βthe Regulationsβ;
(j)in Section 6.3, for βcompetent authorityβ substitute βSecretary of Stateβ;
(k)in Section 7β
(i)for the words βreferred to in Article 1(4a)β substitute βwhich incorporate a substance derived from human blood or human plasmaβ;
(ii)for the words from βa State laboratoryβ to the end of that Section, substitute βa laboratory provided or arranged in accordance with section 57(1)(d) of the Health and Social Care Act 2012.β.
17.In Annex VIβ
(a)omit βECβ each time it occurs including in the title;
(b)for βthe notified bodyβ each time it occurs substitute βthe approved bodyβ;
(c)for βthis Directiveβ each time it occurs substitute βthe Regulationsβ;
(d)in Section 2β
(i)for βCE marking in accordance with Article 17β substitute βUK markingβ;
(ii)for βCE marking mustβ substitute βUK marking mustβ;
(e)in Section 3.1, forβ
(i)βa notified bodyβ substitute βan approved bodyβ;
(ii)βother notified bodyβ substitute βother approved bodyβ;
[F538(iii)for βcompetent authoritiesβ substitute βSecretary of Stateβ;F538]
(f)in Section 3.3, for the first sentence substituteβ
βThe quality system must be audited by the approved body to determine whether it meets the requirements referred to in Section 3.2.β;
(g)in Section 3.4, for the second paragraph substituteβ
βThe proposed changes must be assessed by the approved body so as to verify whether the quality system after these changes would still meet the requirements referred to in Section 3.2.β;
[F539(ga)in Section 4.4 for βArticle 5β substitute βregulation 3A of the Regulationsβ;F539]
(h)in Section 5.1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βnational authoritiesβ substitute βSecretary of Stateβ;
(i)in Section 6, in the opening paragraph, for βArticle 11(2)β substitute βregulation 13(2) of the Regulationsβ;
(j)in Section 6.3, for βcompetent authorityβ substitute βSecretary of Stateβ.
[F540(k)in Section 6.4 for βnotified bodyβ substitute βapproved bodyβ.F540]
18.In Annex VIIβ
(a)in the title and in Section 1, omit βECβ;
(b)in Section 1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(c)in Section 2 forβ
(i)βhis authorised representativeβ substitute βthe manufacturerβs UK responsible personβ;
(ii)βnational authoritiesβ substitute βSecretary of Stateβ;
(d)in Section 3β
(i)in the opening paragraph for βthe Directiveβ substitute βthe Regulationsβ;
(ii)in the fourth indentβ
(aa)for βArticle 5β in both places it occurs substitute βregulation 3A of the Regulationsβ;
(bb)for βof the Directiveβ substitute βin Annex Iβ;
(e)in Section 4, for βcompetent authoritiesβ substitute βSecretary of Stateβ;
(f)in Section 5, for βthe intervention by the notified bodyβ substitute βthe intervention by the approved bodyβ;
(g)in Section 6, in the opening paragraph, for βArticle 11(2)β substitute βregulation 13(2) of the Regulationsβ.
19.In Annex VIIIβ
(a)in Section 1, for βauthorized representativeβ substitute βUK responsible personβ;
(b)in Section 2.2 in the seventh indent for βDirective 2003/32/ECβ substitute βRegulation 722/2012β;
(c)in Section 3, for βcompetent national authoritiesβ substitute βSecretary of Stateβ;
(d)in Sections 3.1 and 3.2, for βthis Directiveβ each time it occurs substitute βthe Regulationsβ;
(e)in Section 3.2β
(i)in the fourth indent, for βArticle 5β in both places it occurs substitute βregulation 3A of the Regulationsβ;
(ii)in the sixth indent, for βDirective 2003/32/ECβ substitute βRegulation 722/2012β;
(f)in Section 5, for βcompetent authoritiesβ substitute βSecretary of Stateβ.
20.In Annex IX for βthis Directiveβ each time it occurs substitute βthe Regulationsβ.
21.In Annex Xβ
(a)in Section 1.1 for βharmonised standardsβ substitute βdesignated standardsβ;
(b)in Section 2.3.5 for the words from βall competent authorities of the Member Statesβ to the end substitute βthe Secretary of Stateβ.
22.In Annex X1β
(a)in the title, for βnotified bodiesβ substitute βapproved bodiesβ;
(b)for the words βnotified bodyβ each time they occur substitute βapproved bodyβ;
(c)for each reference to βthe Directiveβ substitute βthe Regulationsβ;
(d)in Section 2, for βnational authoritiesβ substitute [F541βSecretary of StateβF541];
(e)in Section 3, for βthis Directiveβ substitute βthe Regulationsβ;
(f)in Section 6, omit the words from β, unless liabilityβ to the end of that Section;
(g)in Section 7, omit the words from β(except vis a vis the competent administrative authoritiesβ to the end.
23.Omit Annex XII.
PART 3Modification of Annexes to Directive 98/79
24.β(1)The Annexes to Directive 98/79 are modified so that they read as if amended by paragraphs 25 to 33.
(2)In this Part any reference to βthe Regulationsβ is a reference to the Medical Devices Regulations 2002.
25.In Annex 1β
(a)in Section 3 in part A, for βArticle 1(2)(b)β substitute βregulation 2(1) of the Regulationsβ;
(b)in Section 4.2 in part B, for βCouncil Directive 80/181/EEC of 20th December 1979β substitute βthe Units of Measurement Regulations 1986β;
(c)in Section 8.1 in part B, omit the words from βThe decision whetherβ to the end;
(d)in Section 8.2 in part B, for βharmonised standardsβ substitute βdesignated standardsβ;
(e)in Section 8.3 in part B β
(i)in the first sentence omit βof Directive 67/548/EEC and Directive 88/379/EECβ;
(ii)in the second sentence omit βby those Directivesβ;
(iii)omit the words from βThe provisions ofβ to the end;
(f)in Section 8.4 in point (a), for the sentence beginning βFor devices importedβ, substituteβ
βWhere the manufacturer does not have a registered place of business in the United Kingdom the label, the outer packaging or instructions for use shall contain in addition the name and address of the UK responsible person.β.
26.In Annex IIIβ
(a)in the title and in Section 1, omit βECβ;
(b)in Section 1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(iii)for βCE marking in accordance with Article 16β substitute βUK marking in accordance with regulation 36 of the Regulationsβ;
(c)in Section 3, for βthe Directiveβ in both places substitute βthe Regulationsβ;
(d)in Section 3, in the sixth indent, for βArticle 5β in both places substitute βregulation 3A of the Regulationsβ;
(e)in Section 5, for βcompetent authoritiesβ substitute βSecretary of Stateβ;
(f)in Section 6, for βa notified bodyβ substitute βan approved bodyβ;
(g)in Section 6.2β
(i)for βnotified bodyβ, both times those words occur, substitute βapproved bodyβ;
(ii)in the first sentence, for βthis Directiveβ substitute βthe Regulationsβ;
(iii)in the second sentence omit βof the Directiveβ;
(iv)for βan ECβ substitute βaβ ;
(h)in Section 6.3β
(i)for βnotified bodyβ in both places substitute βapproved bodyβ;
(ii)omit each reference to βECβ;
(iii)for βthe Directiveβ substitute βthe Regulationsβ.
27.In Annex IVβ
(a)in the title, omit βECβ;
(b)for each reference to βthis Directiveβ and βthe Directiveβ substitute βthe Regulationsβ;
(c)in Section 2, for βCE markingβ substitute βUK markingβ;
(d)in Section 3.1β
(i)for βof his quality system with a notified bodyβ substitute βof its quality system with an approved bodyβ;
(ii)in the third indent for βnotified bodyβ substitute βapproved bodyβ;
(e)in Section 3.3 for the first paragraph substituteβ
βThe quality system must be audited by the approved body to determine whether it meets the requirements referred to in Section 3.2. It must presume that quality systems which implement the relevant designated standards conform to the requirements.β;
(f)in Section 3.4, in both paragraphs, for βnotified bodyβ substitute βapproved bodyβ;
(g)in Section 4.1 for βnotified bodyβ substitute βapproved bodyβ;
(h)in Section 4.3β
(i)for βnotified bodyβ both times those words occur substitute βapproved bodyβ;
(ii)for βan ECβ substitute βaβ;
(i)in Section 4.4β
(i)for βnotified bodyβ both times those words occur substitute βapproved bodyβ;
(ii)omit each reference to βECβ;
(j)in Section 4.5, for βnotified bodyβ both times those words occur substitute βapproved bodyβ;
(k)in Sections 5 and 6 for βnotified bodyβ each time those words occur substitute βapproved bodyβ.
28.In Annex Vβ
(a)in the title, omit βECβ ;
(b)in Section 1β
(i)for βEC type-examinationβ substitute βType-examinationβ;
(ii)for βa notified bodyβ substitute βan approved bodyβ;
(iii)for βthis Directiveβ substitute βthe Regulationsβ;
(c)in Section 2β
(i)in the first paragraphβ
(aa )omit βECβ;
(bb)for βhis authorised representativeβ substitute βits UK responsible personβ;
(cc)for βa notified bodyβ substitute βan approved bodyβ;
(ii)in the first indentβ
(aa)for βauthorised representativeβ substitute βUK responsible personβ;
(bb)for βthe representativeβ substitute βthe UK responsible personβ;
(iii)in the second indent for βthis Directiveβ substitute βthe Regulationsβ;
(iv)in the second and third indents for βnotified bodyβ each time those words occur substitute βapproved bodyβ;
(d)in Section 4β
(i)for βnotified body shallβ substitute βapproved body mustβ;
(ii)for both references to βArticle 5β substitute βregulation 3A of the Regulationsβ;
(iii)for βthis Directiveβ substitute βthe Regulationsβ;
(e)in Section 5β
(i)for βthis Directiveβ substitute βthe Regulationsβ;
(ii)for βnotified bodyβ in both places substitute βapproved bodyβ;
(iii)for βan ECβ substitute βaβ;
(f)in Section 6β
(i)for βnotified bodyβ each time it occurs substitute βapproved bodyβ;
(ii)omit βECβ each time it occurs;
(iii)for βthe Directiveβ substitute βthe Regulationsβ;
(g)for Section 7, substituteβ
β7.An approved body must cooperate with other approved bodies with regard to making available copies of the type-examination certificates or addenda to those certificates but, as regards copies of annexes to the certificates, must only make those available to other approved bodies with the consent of the manufacturer.β.
29.In Annex VIβ
(a)in the title omit βECβ;
(b)in Section 1β
(i)for βEC verificationβ substitute βVerificationβ;
(ii)for βauthorised representativeβ substitute βUK responsible personβ;
(iii)for βEC type-examinationβ substitute βtype-examinationβ;
(iv)for βthis Directiveβ substitute βthe Regulationsβ;
(c)in Section 2.1β
(i)for βEC type-examinationβ in both places substitute βtype-examinationβ;
(ii)for βthe Directiveβ substitute βthe Regulationsβ;
(iii)for βthis Directiveβ substitute βthe Regulationsβ;
(d)in Section 2.2 for βnotified bodyβ substitute βapproved bodyβ;
(e)in Section 4β
(i)for βnotified bodyβ in both places substitute βapproved bodyβ;
(ii)for βthe Directiveβ substitute βthe Regulationsβ;
(f)in Section 5.1β
(i)for βArticle 5β substitute βregulation 3A of the Regulationsβ;
(ii)omit βECβ;
(iii)for βthe Directiveβ substitute βthe Regulationsβ;
(g)in Section 5.2 for βnotified bodyβ substitute βapproved bodyβ;
(h)in Section 6.2β
(i)for βArticle 5β substitute βregulation 3A of the Regulationsβ;
(ii)omit βECβ;
(iii)for βthe Directiveβ substitute βthe Regulationsβ;
(i)in Section 6.3 for βthe harmonised standards referred to in Article 5β substitute βthe designated standards referred to in regulation 3A of the Regulationsβ;
(j)in Section 6.4β
(i)for the first two paragraphs, substituteβ
βWhere the approved body has drawn up a written certificate of conformity in relation to a batch, all products in that batch to which that body has affixed, or caused to be affixed, an identification number may be placed on the market.β;
(ii)in the third paragraph, for βnotified bodyβ, in both places, substitute βapproved bodyβ.
30.In Annex VIIβ
(a)in the title and in Section 2, omit βECβ;
(b)in Section 2β
(i)for βthis Directiveβ substitute βthe Regulationsβ;
(ii)for βCE marking in accordance with Article 16β substitute βUK marking in accordance with regulation 36 of the Regulationsβ;
(c)in Section 3.1β
(i)for βa notified bodyβ substitute βan approved bodyβ;
(ii)for βEC type-examinationβ substitute βtype-examinationβ;
(d)in Section 3.2, for βEC type-examinationβ substitute βtype-examinationβ;
(e)in Section 3.3 for the first two sentences substituteβ
βThe quality system must be audited by the approved body to determine whether it meets the requirements referred to in Section 3.2. The approved body must presume that quality systems which implement the relevant designated standards conform to the requirements.β;
(f)in Section 3.4β
(i)for βnotified bodyβ substitute βapproved bodyβ;
(ii)for the first sentence of the second paragraph substitute βThe proposed changes must be assessed by the approved body so as to verify whether the quality system after these changes would meet the requirements referred to in Section 3.2.β;
(g)in Sections 5.1 and 5.2, for each reference to βnotified bodyβ substitute βapproved bodyβ.
31.In Annex VIIIβ
(a)in Section 1β
(i)for βauthorised representativeβ substitute βUK responsible personβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(b)in Section 2, for βthe Directiveβ substitute βthe Regulationsβ;
(c)in Section 3β
(i)for βcompetent national authoritiesβ substitute βSecretary of Stateβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ.
32.In Annex IXβ
(a)in the title, for βnotified bodiesβ substitute βapproved bodiesβ;
(b)for each reference to βnotified bodyβ substitute βapproved bodyβ;
(c)in Section 1, for βauthorised representativeβ substitute βUK responsible personβ;
(d)in Section 2β
(i)for βthe Directiveβ substitute βthe Regulationsβ;
(ii)for βnational authoritiesβ substitute βSecretary of Stateβ;
(iii)for βthis Directiveβ substitute βthe Regulationsβ;
(e)in Section 3β
(i)for βhas been notifiedβ substitute βhas been designatedβ;
(ii)for βthis Directiveβ substitute βthe Regulationsβ;
(f)in Section 6, omit the words from βunless liabilityβ to the end;
(g)in Section 7, omit the words from β(except vis Γ vis the competent administrative authoritiesβ to the end.
33.Omit Annex X.F526]