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Version Superseded: 21/03/2024
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There are currently no known outstanding effects for the Medicines and Medical Devices Act 2021, Section 42.
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(1)In this Part, apart from in sections 32, 33 and 34 (provisions relating to forfeiture or seizure of medical devices), references to a medical device include references to a type of medical device.
(2)In this Part—
the “appropriate appeals court” means—
in England and Wales, the Crown Court;
in Scotland, the Sheriff Appeal Court;
in Northern Ireland, a county court;
the “appropriate lower court” means—
in England and Wales, a magistrates' court;
in Scotland, the sheriff;
in Northern Ireland, a court of summary jurisdiction;
“compliance notice” has the meaning given by section 21(2);
“data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018;
the “enforcement authority” means—
in relation to medical devices which are ordinarily intended for private use or consumption—
a local weights and measures authority in Great Britain or a district council in Northern Ireland, or
the Secretary of State, or
in relation to other medical devices, the Secretary of State;
“EU Medical Devices Regulations” means—
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and
Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;
“forfeiture order” has the meaning given by section 32(1);
“information notice” has the meaning given by section 24(2);
“manufacture” includes assembly;
[F1“manufacturer” means any person who is a manufacturer for the purposes of any provision in—
the Medical Devices Regulations 2002 (S.I. 2002/618), or
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC;]
“medical device” includes—
medical devices to which the Medical Devices Regulations 2002 apply, and
devices to which the EU Medical Devices Regulations apply;
[F2“medical devices provision”—
in Chapter 1, has the meaning given by section 17(2), and
in Chapter 3, has the meaning given by section 21(1A);]
“relevant requirements” has the meaning given by section 16(1)(a);
“safety notice” has the meaning given by section 23(1);
“suspension notice” has the meaning given by section 22(2).
Textual Amendments
F1Words in s. 42(2) substituted (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 28(6)(a)
F2Words in s. 42(2) substituted (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 28(6)(b)
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