PART 4Medical devices

CHAPTER 3Enforcement

Recovery of expenses of enforcement

34Recovery of expenses of enforcement

1

This section applies where a court—

a

convicts a person of an offence under section 28 or regulation 60A of the Medical Devices Regulations 2002 (S.I. 2002/618) (offence of breaching certain provisions in the Regulations) in relation to a medical device, or

b

makes a forfeiture order under section 32 or 33(5) in relation to a medical device.

2

The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, a person from whom a device is seized or to whom it belongs to reimburse an enforcement authority for any expenditure which the authority has incurred or may incur—

a

in connection with any seizure or detention of the device by or on behalf of the authority, or

b

in connection with giving effect to the forfeiture order.