Medicines and Medical Devices Act 2021

33 Appeals against forfeiture decisions

(1) A person claiming to be entitled to a medical device which is subject to a forfeiture order may appeal against the decision to make the order.

(2) The enforcement authority may appeal against a decision of the appropriate lower court to refuse an application for a forfeiture order.

(3) An appeal under this section is to the appropriate appeals court (see section 42).

(4) An appeal under this section must be made before the end of the period of 28 days beginning with the day on which—

(a) the forfeiture order is made, or

(b) the application for a forfeiture order is refused.

(5) Subject to subsection (6), the court hearing the appeal may make any order the court thinks appropriate.

(6) If an appeal against a decision to make a forfeiture order is allowed, the court must, if the device to which the order relates has already been forfeited, order it to be returned to a person entitled to it.

(7) In this section, persons “entitled to a device” are—

(a) if the device has not been seized by the enforcement authority, the person in possession of the device,

(b) if the device has been seized, the person from whom it was seized, or

(c) if different, any person to whom it belongs.