38Civil proceedings
This section has no associated Explanatory Notes
(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.