# The Medical Devices (Northern Ireland Protocol) Regulations 2021, Regulation 23: Offence of breaching certain provisions

Extent: N.I.

(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.

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Source: https://www.legislation.gov.uk/uksi/2021/905/regulation/23 (the official version)
Page: https://openlegislation.uk/medical-devices-northern-ireland-protocol-regulations-2021/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.