The Medical Devices Regulations 2002 No. 618

PART III U.K. Active Implantable Medical Devices

[F1 Approved bodies] and the conformity assessment procedures for active implantable medical devices E+W+S

31.—(1)  [F2 An approved body] which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedure—

(a) take account of the results of any assessment or verification operations which have been carried out in accordance with [F3 this Part] at an intermediate stage of manufacture of the device; and

(b) lay down, by common accord with the manufacturer or [F4 their UK responsible person], the time limits for completion of the assessment and verification operations referred to in Annex 2 or 3.

(2) Where [F5 an approved body] takes a decision in accordance with [F6 Annex 2, 3 or 5], they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.

(3) [F7 Where an approved body and a manufacturer or the manufacturer’s UK responsible person] have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or [F8 the manufacturer’s UK responsible person], extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 31 heading substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(a) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 31(1) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(b)(i) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 31(1) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(b(ii)) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 31(1) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(b)(iii) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 31(2) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(c) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 31(2) substituted (21.3.2010) by The Medical Devices (Amendment) Regulations 2008 (S.I. 2008/2936), regs. 1(1), 15

F7 Words in reg. 31(3) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(d)(i) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 31(3) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 5(7)(d)(ii) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 paras. 2, 33); 2020 c. 1, Sch. 5 para. 1(1)

UK notified bodies and the conformity assessment procedures for active implantable medical devices N.I.

31.—(1) A UK notified body which is responsible for carrying out a conformity assessment procedure in relation to a relevant device shall, when carrying out the procedure—

(a) take account of the results of any assessment or verification operations which have been carried out in accordance with Directive 90/385 at an intermediate stage of manufacture of the device; and

(b) lay down, by common accord with the manufacturer or his authorised representative, the time limits for completion of the assessment and verification operations referred to in Annex 2 or 3.

(2) Where a UK notified body takes a decision in accordance with [F9 Annex 2, 3 or 5], they shall specify the period of validity of the decision, which initially shall be for a period of not more than five years.

(3) Where a UK notified body and a manufacturer or his authorised representative have agreed that the manufacturer may apply to the body at a specified time for an extension of the period of validity of a decision referred to in paragraph (2), the body may, on application from and with the agreement of the manufacturer or his authorised representative, extend the period of validity of the decision for further periods of up to five years, each such period commencing on the expiry of the previous period.

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F9 Words in reg. 31(2) substituted (21.3.2010) by The Medical Devices (Amendment) Regulations 2008 (S.I. 2008/2936), regs. 1(1), 15