SCHEDULES

SCHEDULE 5U.K.Investigatory powers etc.

Modifications etc. (not altering text)

C2Sch. 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)

C3Sch. 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 4U.K.Further powers exercisable by domestic enforcers and [F1Schedule 13 enforcers]

Textual Amendments

Power to decommission or switch off fixed installationsU.K.

30(1)The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting pursuant to the duty in [F2regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091)].U.K.

(2)The officer may decommission or switch off any fixed installation (as defined in those Regulations) or part of such an installation.

Textual Amendments

F2Words in Sch. 5 para. 30(1) substituted (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), regs. 1, 76(4)(d) (with reg. 75(3))

Commencement Information

I1Sch. 5 para. 30 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2Sch. 5 para. 30 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3Sch. 5 para. 30 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

[F330A(1)The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting [F4pursuant to— U.K.

(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.

[F6(3)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 [F7or Regulation (EU) 2017/746 on in vitro diagnostic medical devices] applies.]]

Textual Amendments