PART 4 U.K. Medical devices

CHAPTER 3 U.K. Enforcement

Recovery of expenses of enforcement U.K.

34 Recovery of expenses of enforcement U.K.

(1) This section applies where a court—

(a) convicts a person of an [F1 offence under—

(i) section 28,

(ii) regulation 60A of the Medical Devices Regulations 2002 (S.I. 2002/618) (offence of breaching certain provisions in the Regulations), or

(iii) regulation 23 of the Medical Devices (Northern Ireland Protocol) Regulations 2021 (offence of breaching certain provisions),

in relation to a medical device, or]

(b) makes a forfeiture order under section 32 or 33(5) in relation to a medical device.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, a person from whom a device is seized or to whom it belongs to reimburse an enforcement authority for any expenditure which the authority has incurred or may incur—

(a) in connection with any seizure or detention of the device by or on behalf of the authority, or

(b) in connection with giving effect to the forfeiture order.

Textual Amendments

F1 Words in s. 34(1)(a) substituted (27.7.2021) by The Medical Devices (Northern Ireland Protocol) Regulations 2021 (S.I. 2021/905), regs. 1(2), 28(4)

Commencement Information

I1 S. 34 in force at 26.5.2021 by S.I. 2021/610, reg. 2(a)