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Regulation 7 Classification of general medical devicesE1

England, Wales and Scotland

(1)

For the purposes of this Part and Part VI, devices are classified as belonging to Class I, IIa, IIb or III in accordance with the classification criteria set out in Annex IX of Directive 93/42 F1, read with Directive 2003/12 F2and Directive 2005/50.

(2)

In the event of a dispute between a manufacturer and F3an approved body over the classification of a device, the matter shall be referred to the Secretary of State, who shall determine the classification of the device in accordance with the classification criteria set out in Annex IX of Directive 93/42 , read with Directive 2003/12 and Directive 2005/50.

Annotations

Textual amendments

F1

Words in reg. 7 inserted (1.9.2003) by The Medical Devices (Amendment) Regulations 2003 (S.I. 2003/1697), regs. 1(1)(a), 5

F2

Words in reg. 7 inserted (1.9.2007) by The Medical Devices (Amendment) Regulations 2007 (S.I. 2007/400), regs. 1(b), 5

F3

Words in reg. 7(2) substituted (E.W.S.) (31.12.2020) by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 4(3) (as amended by S.I. 2020/1478, reg. 1(3), Sch. 2 paras. 2, 11); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only