PART 4Medical devices
CHAPTER 3Enforcement
Civil proceedings
38Civil proceedings
(1)
An obligation imposed by a medical devices provision is to be treated as a duty owed to any person who may be affected by a breach of the obligation.
(2)
Accordingly, a breach of such an obligation gives rise to a right of action for breach of statutory duty.
(3)
Subsections (1) and (2) are subject to—
(a)
a provision to the contrary in a medical devices provision, and
(b)
the defences and other incidents applying to actions for breach of statutory duty.