Regulation 58 Waivers, reductions and refunds

England, Wales and Scotland

(1)

The Secretary of State may—

(a)

waive payment of any fee or reduce any fee or part of a fee otherwise payable under this Part;

(b)

refund the whole or part of any fee paid pursuant to this Part.

(2)

Without prejudice to the generality of paragraph (1), where—

(a)

a notice of the supply of a device for the purposes of a clinical investigation under regulation 16(1) or 29(1) is withdrawn within the period of 7 days beginning with the date of its receipt by the Secretary of State; or

(b)

an application for designation as—

(i)

F1an approved body under regulation 45(1), or

(ii)

F2a CAB under regulation 48(1),

(other than one submitted only to address the grounds of rejection of a previous application) is withdrawn within the period of 21 days beginning with the date of its receipt by the Secretary of State,

the fee payable shall be reduced to fifty per cent of the fee otherwise payable in respect of such notice or application, and any excess already paid shall be refunded.

Annotations

Textual amendments

F1: Words in reg. 58(2)(b)(i) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 8(5)(a) (as amended by S.I. 2020/1478, reg. 1(3), Sch. 2 paras. 2, 50); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 58(2)(b)(ii) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 8(5)(b) (as amended by S.I. 2020/1478, reg. 1(3), Sch. 2 paras. 2, 50); 2020 c. 1, Sch. 5 para. 1(1)