PART 4Medical devices

CHAPTER 3Enforcement

Enforcement notices

I121Compliance notices

1

This section applies where the enforcement authority has reasonable grounds to suspect that a person involved in marketing or supplying a medical device is not complying with a medical devices provision.

F11A

In this Chapter, “medical devices provision” means a provision in—

a

regulations under section 15(1),

b

the Medical Devices Regulations 2002 (S.I. 2002/618),

c

the Medical Devices (Northern Ireland Protocol) Regulations 2021, or

F2d

the EU Medical Devices Regulations.

2

The enforcement authority may serve a notice (“a compliance notice”) on the person—

a

identifying the medical devices provision with which the person is suspected not to be complying,

b

setting out the enforcement authority's grounds for suspecting that the person is not complying with the provision,

c

requiring the person to comply with the provision within a specified period,

d

requiring the person within a specified period to provide evidence to the satisfaction of the enforcement authority that the person is complying with the provision, and

e

requiring the person within a specified period to take any other measures that may be specified in order to comply with the provision.

3

A period specified in reliance on subsection (2)(c), (d) or (e) must be a period of at least 28 days beginning with the day on which the notice is served.

4

The enforcement authority may vary or revoke a compliance notice.

5

Where the person mentioned in subsection (1) is a manufacturer, a notice under subsection (2) may be served on the manufacturer or on another person who has been designated by the manufacturer to act as the manufacturer's representative (or both).

6

In this section, “specified” means specified in the compliance notice.