PART 4Medical devices

CHAPTER 3Enforcement

Recovery of expenses of enforcement

I134Recovery of expenses of enforcement

1

This section applies where a court—

a

convicts a person of an F1offence 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.