Medicines and Medical Devices Act 2021 (c. 3)

PART 4 U.K. Medical devices

CHAPTER 3 U.K. Enforcement

Civil proceedings U.K.

38 Civil proceedings U.K.

(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.

Commencement Information

I1 S. 38 in force at 26.5.2021 by S.I. 2021/610, reg. 2(a)