OpenLegislation

Regulation 19 Fees payable in connection with the designation of notified bodiesI1

United Kingdom

(1)

Fees in connection with the designation of notified bodies are set out in Schedule 2.

(2)

The applicant must pay the Secretary of State the fee specified in table 1 in Schedule 2 for an application—

(a)

for initial designation as a notified body under Article 38 F1of Regulation (EU) 2017/745 or Article 34 of Regulation (EU) 2017/746;

(b)

for reassessment under Article 44(10) F2of Regulation (EU) 2017/745 or Article 40(10) of Regulation (EU) 2017/746;

(c)

to extend the scope of a designation under Article 46(1) F3of Regulation (EU) 2017/745 or Article 42(1) of Regulation (EU) 2017/746.

(3)

A notified body designated by the Secretary of State under Article 42 F4of Regulation (EU) 2017/745 that submits a summary evaluation report to the Secretary of State in accordance with Article 5(4) of Regulation (EU) 722/2012, must pay to the Secretary of State a fee of F5£1,503.

(4)

A fee specified in table 1 in Schedule 2 or paragraph (3) is payable when the application or submission to which it relates is made to the Secretary of State.

(5)

If an applicant fails to pay a fee specified in table 1 in Schedule 2 or paragraph (3), the Secretary of State may reject the application or submission to which it relates.

(6)

If the Secretary of State conducts an assessment or review listed in table 2 in Schedule 2, the fee payable by the conformity assessment body is—

(a)

the fee specified for that assessment or review in table 2 in Schedule 2,

(b)

an amount for time spent by each member of staff to undertake the assessment or review at a rate—

(i)

for the time spent on site, of F6£732 per half day (period of less than a half day counting as a half day) up to a maximum of 2 half days on any one date, and

(ii)

for the time spent travelling to and from the site, of F7£198 per hour,

(c)

the actual costs of travel, accommodation and subsistence, and

(d)

out of pocket expenses.

(7)

A fee under paragraph (6) is payable within one month of receipt by the conformity assessment body of a written notice from the Secretary of State requiring payment of the fee.

(8)

If a conformity assessment body fails to pay a fee under paragraph (6), the Secretary of State may—

(a)

refuse to designate the body under Article 42 F8of Regulation (EU) 2017/745 or Article 38 of Regulation (EU) 2017/746;

(b)

if the body has already been designated, suspend, restrict, or fully or partially withdraw, the designation.

(9)

In this regulation, “Regulation (EU) 722/2012” means Commission Regulation (EU) No 722/2012 of 8th August 2012 concerning particular requirements as regards the requirements laid down in Council Directives 90/385/EEC and 93/42/EEC with respect to active implantable medical devices and medical devices manufactured utilising tissues of animal originf1.

Annotations

Textual amendments

F1

Words in reg. 19(2)(a) inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 39(a)(i)

F2

Words in reg. 19(2)(b) inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 39(a)(ii)

F3

Words in reg. 19(2)(c) inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 39(a)(iii)

F4

Words in reg. 19(3) inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 39(b)

F5

Sum in reg. 19(3) substituted (16.7.2025) by The Medical Devices and Blood Safety and Quality (Fees Amendment) Regulations 2025 (S.I. 2025/749), regs. 1(2), 18(a)

F6

Sum in reg. 19(6)(b)(i) substituted (16.7.2025) by The Medical Devices and Blood Safety and Quality (Fees Amendment) Regulations 2025 (S.I. 2025/749), regs. 1(2), 18(b)(i)

F7

Sum in reg. 19(6)(b)(ii) substituted (16.7.2025) by The Medical Devices and Blood Safety and Quality (Fees Amendment) Regulations 2025 (S.I. 2025/749), regs. 1(2), 18(b)(ii)

F8

Words in reg. 19(8)(a) inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 39(c)

Commencement

I1

Reg. 19 in force at 27.7.2021, see reg. 1(2)

Footnotes

f1

OJ No. L 212, 09.08.2012, p. 3.

Notes on Part 4

Textual amendments

F1

Words in Pt. 4 heading inserted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 37