OpenLegislation

Regulation 6 Amendments to regulation 19B (obligations in Part II of these Regulations which are met by complying with obligations in Directive 93/42)

Original text. Later amendments are not shown.

(1)

Regulation 19Bf1 is amended as follows.

(2)

In paragraph (1)(a)—

(a)

after “Directive 93/42” insert “as it had effect on 25 May 2021”;

(b)

omit “as amended from time to time”.

(3)

In paragraph (3)—

(a)

at the beginning insert “Subject to paragraph (3A),”;

(b)

after sub-paragraph (b) insert—

“(ba)

ensures that any certificate issued by a notified body in connection with that conformity assessment procedure is valid by virtue of Article 120(2) of Regulation (EU) 2017/745;”;

(c)

in sub-paragraph (f) for “draws up” substitute “has drawn up before 26 May 2021”.

(4)

After paragraph (3) insert—

“(3A)

Paragraph (3) only applies to a class I device under the Directive if—

(a)

the conformity assessment procedure under Article 11 required the involvement of a notified body; or

(b)

the conformity assessment procedure for that device under Article 52 of Regulation (EU) 2017/745 would require the involvement of a notified body (if it were to be assessed under that regulation).”.

(5)

In paragraph (7)—

(a)

after sub-paragraph (b) insert—

“(ba)

ensures that any certificate in relation to the system or procedure pack or a device within it that was issued by a notified body under the Directive is valid by virtue of Article 120(2) of Regulation (EU) 2017/745;

(bb)

ensures that the declarations required by Article 12 were drawn up before 26 May 2021;”;

(b)

at the end of sub-paragraph (c) omit “and”;

(c)

at the end of sub-paragraph (d) for “English.” substitute “English; and”;

(d)

after sub-paragraph (d) insert—

“(e)

ensures that the system or procedure pack does not contain a class I device under the Directive for which—

(i)

the conformity assessment procedure under Article 11 did not require the involvement of a notified body; and

(ii)

the conformity assessment procedure under Article 52 of Regulation (EU) 2017/745 would not require the involvement of a notifed body (if it were to be assessed under that regulation).”.

Annotations

Footnotes

f1

Regulation 19B was inserted by S.I. 2019/791.