Regulation 23 Offence of breaching certain provisionsI1

Northern Ireland

F1(1)

A person commits an offence if the person contravenes a prohibition or fails to comply with a requirement in a provision of—

(a)

the regulations listed in Table 1;

(b)

the articles of Regulation (EU) 2017/745 listed in Table 2;

(c)

the articles of Regulation (EU) 2017/746 listed in Table 3;

in Schedule 3 to these Regulations.

(2)

A person guilty of an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

(3)

In respect of an offence under this regulation, a magistrates’ court in Northern Ireland may hear and determine any complaint made before the earlier of—

(a)

the end of the period of 1 year beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution comes to the knowledge of the prosecutor, and

(b)

the end of the period of 3 years beginning with the day on which the offence was committed.

(4)

For the purposes of paragraph (3)(a)—

(a)

a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor’s knowledge is conclusive evidence of that fact, and

(b)

a certificate stating that matter and purporting to be so signed is to be treated as so signed until the contrary is proved.

Annotations

Textual amendments

F1: Reg. 23(1) substituted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 41

Commencement

I1: Reg. 23 in force at 27.7.2021, see reg. 1(2)