Transitional provisionsU.K.
4.—(1) Part II shall not be applied before 1st July 2004 in respect of a device which has been subjected to EEC pattern approval before 1st January 1995 in accordance with the Clinical Thermometers (EEC Requirements) Regulations 1993 M1.
(2) Part II shall not be applied—
(a)before 10th January 2007 in respect of a stable derivatives device placed on the market without a CE marking, if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 10th January 2002; or
(b)before 10th January 2009 in respect of a stable derivatives device put into service without a CE marking, if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 10th January 2002.
(3) Part IV shall not be applied before 7th December 2003 in respect of a device placed on the market which is—
(a)anin vitro diagnostic medical device without a CE marking; or
(b)a device for performance evaluation and the manufacturer or his authorised representative does not indicate, directly or indirectly, that it is a device which is subject to the provisions of these Regulations,
if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is placed on the market as in force on 7th December 1998.
(4) Part IV shall not be applied before 7th December 2005 in respect of a device put into service which is—
(a)anin vitro diagnostic medical device without a CE marking; or
(b)a device for performance evaluation and the manufacturer or his authorised representative does not indicate, directly or indirectly, that it is a device which is subject to the provisions of these Regulations,
if the device satisfies the requirements of the laws of that part of the United Kingdom in which it is put into service as in force on 7th December 1998.
[F1(5) Regulation 13(4) shall not be applied before 1st March 2004 in respect of breast implants which—
(a)bore a CE marking before 1st September 2003; and
(b)satisfy the requirements in respect of relevant devices falling within Class IIb set out in regulation 13(3).]
[F2(6) Regulation 19A shall not be applied before 1st October 2004 in respect of a device placed on the market before 1st April 2004.]
Textual Amendments
F1Reg. 4(5) inserted (1.9.2003) by The Medical Devices (Amendment) Regulations 2003 (S.I. 2003/1697), regs. 1(1)(a), 3(a)
F2Reg. 4(6) added (1.4.2004) by The Medical Devices (Amendment) Regulations 2003 (S.I. 2003/1697), regs. 1(1)(b), 3(b)
Marginal Citations