Part 1 Offence

SCHEDULE 3 Offence of Breaching Provisions in the Medical Devices Regulations 2002

Section 41

Part 1 Offence

1

In the Medical Devices Regulations 2002 (SI 2002/618), after regulation 60 insert—

“60A Offence of breaching certain provisions

(1)     A person commits an offence if the person contravenes a prohibition or fails to comply with a requirement in a provision of the regulations listed in the Schedule to these Regulations inserted by Schedule 3 to the Medicines and Medical Devices Act 2021.

(2)     A person guilty of an offence under paragraph (1) is liable—

(a)     on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

(b)     on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

(3)     In respect of an offence under this regulation—

(a)     a magistrates' court in England and Wales may try an information laid before the earlier of—

(i)     the end of the period of one year beginning with the day on which evidence which the prosecutor thinks is sufficient to justify a prosecution

Powered by Lexis+®

Popular documents