{
  "url": "https://openlegislation.uk/medicines-and-medical-devices-act-2021/section-42",
  "json_url": "https://openlegislation.uk/medicines-and-medical-devices-act-2021/section-42.json",
  "legislation": "ukpga/2021/3",
  "legislation_title": "Medicines and Medical Devices Act 2021",
  "legislation_url": "https://openlegislation.uk/medicines-and-medical-devices-act-2021",
  "path": "section/42",
  "kind": "section",
  "number": "42",
  "heading": "Interpretation of Part 4",
  "text": "(1) 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.\n(2) In this Part—\nthe “appropriate appeals court” means—\n(a)in England and Wales, the Crown Court;\n(b)in Scotland, the Sheriff Appeal Court;\n(c)in Northern Ireland, a county court;\nthe “appropriate lower court” means—\n(a)in England and Wales, a magistrates' court;\n(b)in Scotland, the sheriff;\n(c)in Northern Ireland, a court of summary jurisdiction;\n“compliance notice” has the meaning given by section 21(2);\n“data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018;\nthe “enforcement authority” means—\n(a)in relation to medical devices which are ordinarily intended for private use or consumption—\n(i)a local weights and measures authority in Great Britain or a district council in Northern Ireland, or\n(ii)the Secretary of State, or\n(b)in relation to other medical devices, the Secretary of State;\n“EU Medical Devices Regulations” means—\n(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\n(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;\n“forfeiture order” has the meaning given by section 32(1);\n“information notice” has the meaning given by section 24(2);\n“manufacture” includes assembly;\n“manufacturer” means any person who is a manufacturer for the purposes of any provision in—\n(a)the Medical Devices Regulations 2002 (S.I. 2002/618), or\n(b) the EU Medical Devices Regulations;\n“medical device” includes—\n(a)medical devices to which the Medical Devices Regulations 2002 apply, and\n(b)devices to which the EU Medical Devices Regulations apply;\n“medical devices provision”—\n(a)in Chapter 1, has the meaning given by section 17(2), and\n(b)in Chapter 3, has the meaning given by section 21(1A);\n“relevant requirements” has the meaning given by section 16(1)(a);\n“safety notice” has the meaning given by section 23(1);\n“suspension notice” has the meaning given by section 22(2).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2021/3/section/42",
    "retrieved_at": "2026-10-29T08:59:13.676472+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}