PART IU.K.Introductory Provisions Relating to all Medical Devices

[F1Medical devices which are qualifying Northern Ireland goodsE+W+S

2A.—(1) [F2Subject to paragraph (1A),] notwithstanding the effect of regulations 19B, 19C, 30A, 44ZA and 44ZB and the expiry of the period during which those regulations apply by virtue of regulation 1ZA, any medical device—

[F3(a)which meets the requirements of—

(i)these Regulations as they apply in Northern Ireland;

(ii)Regulation (EU) 2017/745; or

(iii)Regulation (EU) 2017/746; and]

(b)which is a qualifying Northern Ireland good,

may be placed on the Great Britain market as if it meets the requirements of these Regulations as they apply in Great Britain.

[F4(1A) Before 25 July 2024, paragraph (1) only applies to a coronavirus test device that meets the requirements of Regulation (EU) 2017/746 if the device also meets the requirements of—

(a)regulation 34A (approval requirement for coronavirus test devices); or

(b)the common specifications set out in Annex I and XIII to Regulation (EU) 2022/1107.]

(2) In this regulation,

[F5(a)] “qualifying Northern Ireland good” has the meaning given in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

[F6(b)“Regulation (EU) 2017/745” 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.]]

Textual Amendments

F5Words in reg. 2A(2) renumbered as reg. 2A(2)(a) (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 31(b)(i)