PART 9Amendments of other secondary legislation

Amendment of the Market Surveillance (Northern Ireland) Regulations 202143

1

The Market Surveillance (Northern Ireland) Regulations 202117 are amended as follows.

2

In regulation 6 (enforcer’s legislation), at the end insert—

rr

regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021.

3

In Schedule 1 (investigatory powers)—

a

in paragraph 1 (interpretation of terms used in this schedule), at the end insert—

b

in paragraph 16 (power to decommission or switch off any medical device)—

i

in sub-paragraph (1), for the words from “pursuant to” to the end substitute—

pursuant to—

a

the duty in regulation 61(1A) or (1B) of the Medical Devices Regulations 2002,

b

a duty in regulations made under section 15(1) of the Medicines and Medical Devices Act 2021, or

c

the duty in regulation 26(1) or (2) of the Medical Devices (Northern Ireland Protocol) Regulations 2021.

ii

in sub-paragraph (2), after “Medical Devices Regulations 2002” insert “or Regulation (EU) 2017/745 on medical devices”;

iii

in sub-paragraph (3)(a)(ii), after “Medicines and Medical Devices Act 2021;”, omit “and”;

iv

after sub-paragraph (3)(a)(ii) insert—

iii

the Medical Devices (Northern Ireland Protocol) Regulations 2021;

iv

Regulation (EU) 2017/745 on medical devices; and