Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Medical Devices (Amendment) Regulations 2007 and shall come into force—

(a) for the purposes of regulations 3 and 6, on 10th March 2007; and

(b) for all other purposes, on 1st September 2007.

(2) In these Regulations, “the principal Regulations” means the Medical Devices Regulations 2002( 4 ).

Amendment of regulation 2 of the principal Regulations

2. In regulation 2 of the principal Regulations (interpretation), in paragraph (1)—

(a) after the definition of “Directive 2003/32” insert—

“ “ Directive 2005/50 ” 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 ( 5 ) ; ” ; and

(b) after the definition of “harmonised standard” insert—

“ “ hip, knee or shoulder replacement ” 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); ” .

Amendment of regulation 3 of the principal Regulations

3. In regulation 3 of the principal Regulations (scope of the Regulations)—

(a) in paragraph (c), for “stable derivatives devices” substitute—

“ —

(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, ” ;

(b) in paragraph (d), at the end insert “, except for active implantable medical devices, in vitro diagnostic medical devices and accessories to such devices”; and

(c) for paragraph (e), substitute—

“ (e) transplants or tissues or cells of animal origin, unless—

(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 an active implantable medical device or an in vitro diagnostic medical device, or an accessory to such a device; ” .

Amendment of regulation 4 of the principal Regulations

4. After regulation 4 of the principal Regulations (transitional provisions), insert the following regulation—

“ Transitional provisions for hip, knee and shoulder replacements

4A. —(1) This regulation applies to hip, knee or shoulder replacements.

(2) Regulation 13(4) shall not apply in respect of a replacement—

(a) whose manufacturer or his authorised representative has before 1st September 2007—

(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 replacement—

(a) whose manufacturer or his authorised representative has—

(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 replacement—

(a) whose manufacturer or his authorised representative has—

(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 which—

(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. ” .

Amendment of regulation 7 of the principal Regulations

5. In regulation 7 of the principal Regulations (classification of general medical devices), after “Directive 2003/12”, in both places those words appear, insert “and Directive 2005/50”.

Amendment of regulation 61 of the principal Regulations

6. In regulation 61 of the principal Regulations (enforcement etc.), for paragraph (6) substitute—

“ (6) In respect of an offence committed under section 12 of the 1987 Act relating to a contravention of these Regulations—

(a) a magistrates’ court in England or Wales may try any information laid—

(i) if the offence was committed before 10th March 2007, within 12 months from the time when the offence is committed, or

(ii) if 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;

(b) a magistrates’ court in Northern Ireland may hear and determine any complaint made—

(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

(c) in Scotland, summary proceedings for the offence may be commenced—

(i) if the offence was committed before 10th March 2007, at any time 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. ” .