Section 42 Interpretation of Part 4
United Kingdom
In this Part, apart from in sections 32, 33 and 34 (provisions relating to forfeiture or seizure of medical devices), references to a medical device include references to a type of medical device.
In this Part—
the “appropriate appeals court” means—
- (a)
in England and Wales, the Crown Court;
- (b)
in Scotland, the Sheriff Appeal Court;
- (c)
in Northern Ireland, a county court;
- (a)
the “appropriate lower court” means—
- (a)
in England and Wales, a magistrates' court;
- (b)
in Scotland, the sheriff;
- (c)
in Northern Ireland, a court of summary jurisdiction;
- (a)
“compliance notice” has the meaning given by section 21(2);
“data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018;
the “enforcement authority” means—
- (a)
in relation to medical devices which are ordinarily intended for private use or consumption—
- (i)
a local weights and measures authority in Great Britain or a district council in Northern Ireland, or
- (ii)
the Secretary of State, or
- (i)
- (b)
in relation to other medical devices, the Secretary of State;
- (a)
“EU Medical Devices Regulations” means—
- (a)
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, and
- (b)
Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;
- (a)
“forfeiture order” has the meaning given by section 32(1);
“information notice” has the meaning given by section 24(2);
“manufacture” includes assembly;
F1“manufacturer” means any person who is a manufacturer for the purposes of any provision in—
- (a)
the Medical Devices Regulations 2002 (S.I. 2002/618), or
- (b)
F2the EU Medical Devices Regulations;
- (a)
“medical device” includes—
- (a)
medical devices to which the Medical Devices Regulations 2002 apply, and
- (b)
devices to which the EU Medical Devices Regulations apply;
- (a)
F3“medical devices provision”—
- (a)
in Chapter 1, has the meaning given by section 17(2), and
- (b)
in Chapter 3, has the meaning given by section 21(1A);
- (a)
“relevant requirements” has the meaning given by section 16(1)(a);
“safety notice” has the meaning given by section 23(1);
“suspension notice” has the meaning given by section 22(2).
Annotations
Textual amendments
- F1
Words in s. 42(2) substituted (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 28(6)(a)
- F2
Words in s. 42(2) substituted (21.3.2024) by The Medical Devices (In Vitro Diagnostic Devices etc.) (Amendment) Regulations 2024 (S.I. 2024/221), regs. 1(2), 7
- F3
Words in s. 42(2) substituted (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 28(6)(b)