PART IIntroductory Provisions Relating to all Medical Devices

F1Revocation, transitional and saving provisions in respect of Regulation (EU) 2017/745 F2and Regulation (EU) 2017/7463ZA

F31

Subject to paragraph (2), Parts 2 to 7 only apply in Northern Ireland for the purpose of regulating qualifying devices.

2

The following provisions continue to apply in Northern Ireland in accordance with this paragraph F4...—

F5a

for the purposes of the registration of medical devices (whether or not they are qualifying devices) and persons placing medical devices on the market in Northern Ireland—

i

regulation 19 (registration of persons placing general medical devices on the market),

ii

regulation 21B (registration of persons placing active implantable medical devices on the market),

iii

regulation 44 (registration of persons placing in vitro diagnostic medical devices on the market or for performance evaluation), and

iv

regulation 53 (fees in connection with the registration of devices and changes to registration details),

only apply until the date which is 24 months after the date of publication of the notice referred to in Article 34(3) of Regulation (EU) 2017/745;

aa

regulations 34A to 34D, 38A to 38C, 39A, 56A, 59 and 61 continue to apply in relation to coronavirus test devices whether or not they are qualifying devices;

b

Parts 5 to 7 F6also apply for purposes related to the designation of conformity assessment bodies for the purposes of a UK mutual recognition agreement.

3

F7For the purposes of this regulation, a device is a qualifying device if, by virtue of Article 120 of Regulation (EU) 2017/745 F8or Article 110 of Regulation (EU) 2017/746

a

it may be placed on the market, put into service or made available in Northern Ireland in accordance with the requirements of F9Directive 90/385, Directive 93/42 or Directive 98/79, rather than Regulation (EU) 2017/745 or Regulation (EU) 2017/746; and

b

it is placed on the market, put into service or made available in Northern Ireland in accordance with, and subject to the requirements of and the arrangements set out in, Parts 2 F10... to 7.