# Medicines and Medical Devices Act 2021, Section 38: Civil proceedings


(1) An obligation imposed by a medical devices provision is to be treated as a duty owed to any person who may be affected by a breach of the obligation.
(2) Accordingly, a breach of such an obligation gives rise to a right of action for breach of statutory duty.
(3) Subsections (1) and (2) are subject to—
(a) a provision to the contrary in a medical devices provision, and
(b) the defences and other incidents applying to actions for breach of statutory duty.

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Source: https://www.legislation.gov.uk/ukpga/2021/3/section/38 (the official version)
Page: https://openlegislation.uk/medicines-and-medical-devices-act-2021/section-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.