SCHEDULES
C1C2C3SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 4Further powers exercisable by domestic enforcers and F1Schedule 13 enforcers
Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)
Power to decommission or switch off fixed installations
F230A
1
The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting F4pursuant to—
a
the duty in regulation 61(1A) or (1B) of the Medical Devices Regulations 2002 (S.I. 2002/618),
b
a duty in regulations made under section 15(1) of the Medicines and Medical Devices Act 2021, or
c
the duty in regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021.
2
The officer may decommission or switch off any F5relevant medical device which is installed at a given location.
F33
In sub-paragraph (2), “relevant medical device” means—
a
where a domestic enforcer is acting pursuant to a duty mentioned in sub-paragraph (1)(a) or (b), any medical device to which the Medical Devices Regulations 2002 apply;
b
where a domestic enforcer is acting pursuant to the duty mentioned in sub-paragraph (1)(c), any medical device to which Regulation (EU) 2017/745 on medical devices F6or Regulation (EU) 2017/746 on in vitro diagnostic medical devices applies.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))