(1)The enforcement authority may apply to the appropriate lower court (see section 42) for an order for the forfeiture of a medical device (a “forfeiture order”) on the grounds that there has been a contravention of a medical devices provision in relation to the device.
(2)The appropriate lower court may make a forfeiture order if satisfied that there has been such a contravention.
(3)The enforcement authority must make reasonable efforts to give notice of the application to every person who the enforcement authority thinks is or may be entitled to the device to which the application relates.
(4)Each person claiming to be entitled to the device may—
(a)appear at the hearing of the application, or
(b)make written representations to the appropriate lower court in relation to the application.
(5)If the appropriate lower court decides to make a forfeiture order, the court may include in the order provision that the device to which the order relates is not to be forfeited before the appropriate time.
(6)The enforcement authority may dispose of a forfeited device in whatever way the enforcement authority thinks appropriate.
(7)But the enforcement authority may not dispose of a forfeited device before the appropriate time.
(8)In this section, the “appropriate time” is—
(a)the end of the period within which an appeal under section 33 may be made against the order, or
(b)if such an appeal is made, the end of the day on which the appeal is finally determined or otherwise disposed of.
(9)In this section, persons “entitled to a device” are—
(a)if the device has not been seized by the enforcement authority, the person in possession of the device,
(b)if the device has been seized, the person from whom it was seized, or
(c)if different, any person to whom it belongs.
Commencement Information
I1S. 32 in force at 26.5.2021 by S.I. 2021/610, reg. 2(a)
(1)A person claiming to be entitled to a medical device which is subject to a forfeiture order may appeal against the decision to make the order.
(2)The enforcement authority may appeal against a decision of the appropriate lower court to refuse an application for a forfeiture order.
(3)An appeal under this section is to the appropriate appeals court (see section 42).
(4)An appeal under this section must be made before the end of the period of 28 days beginning with the day on which—
(a)the forfeiture order is made, or
(b)the application for a forfeiture order is refused.
(5)Subject to subsection (6), the court hearing the appeal may make any order the court thinks appropriate.
(6)If an appeal against a decision to make a forfeiture order is allowed, the court must, if the device to which the order relates has already been forfeited, order it to be returned to a person entitled to it.
(7)In this section, persons “entitled to a device” are—
(a)if the device has not been seized by the enforcement authority, the person in possession of the device,
(b)if the device has been seized, the person from whom it was seized, or
(c)if different, any person to whom it belongs.
Commencement Information
I2S. 33 in force at 26.5.2021 by S.I. 2021/610, reg. 2(a)