UK Statutory Instrument SI 2002 United Kingdom

Medical Devices Regulations 2002

These Regulations contain the legislative measures necessary for the implementation of three European Community Directives: Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, as amended; Council Directive 93/42/EEC concerning medical devices, as amended; and Directive 98/79/EC of the European …

Enforced by
MHRA
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 45 of 64 obligations carry imprisonment (51 weeks). 19 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer31 Any Person20 Conformity Assessment Body2 Trader1

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Any Person — also bound by 2340 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Trader — also bound by 825 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory Provisions Relating to all Medical Devices

0 of 22 sections shown
22 other sections in this Part — procedural and definitional
s.002 Interpretation
s.confidentiality Confidentiality
s.designated standard Designated standard
s.expiry of certain provisions in these regulations Expiry of certain provisions in these Regulations
s.medical devices which are qualifying northern irel Medical devices which are qualifying Northern Ireland goods
s.references in other legislation to directives 90/3 References in other legislation to Directives 90/385, 93/42 and 98/79
s.revocation of commission decision 2002/364 on 26th Revocation of Commission Decision 2002/364 on 26th May 2025 and its effect before that date
s.revocation of commission decision 2010/227 Revocation of Commission Decision 2010/227
s.revocation of commission regulation (eu) no 207/20 Revocation of Commission Regulation (EU) No 207/2012 on 26th May 2025
s.revocation of regulation (eu) 2017/745 Revocation of Regulation (EU) 2017/745
s.revocation of regulation (eu) 2017/746 Revocation of Regulation (EU) 2017/746
s.revocation of regulation (eu) no 2017/2185 and sav Revocation of Regulation (EU) No 2017/2185 and saving provision
s.revocation of regulation (eu) no 722/2012 on 26th Revocation of Regulation (EU) No 722/2012 on 26th May 2025
s.revocation of regulation (eu) no 920/2013 on 26th Revocation of Regulation (EU) No 920/2013 on 26th May 2025 and its effect before that date
s.revocations, transitional and saving provisions in Revocations, transitional and saving provisions in respect of the new national registration requirements
s.revocation, transitional and saving provisions in Revocation, transitional and saving provisions in respect of Regulation (EU) 2017/745 and Regulation (EU) 2017/746
s.schedules Schedules
s.the classification criteria in directives 2003/12 The classification criteria in Directives 2003/12 and 2005/50
s.transitional provisions for hip, knee and shoulder Transitional provisions for hip, knee and shoulder replacements
Part 2

General Medical Devices

12 of 20 sections shown
s.007 Registration of persons placing general medical devices on the market Imprisonment
  • Register with the MHRA before placing medical devices on the marketAny Person
s.008 Essential requirements for general medical devices (opens in a new tab) Imprisonment
  • Ensure medical devices meet essential safety and performance requirementsAny Person
s.009 Determining compliance of general medical devices with relevant essential requirements (opens in a new tab) Imprisonment
  • Ensure medical device labeling and instructions are in EnglishManufacturer
s.010 UK(NI) indication: general medical devices Imprisonment
  • Affix UK(NI) indication to medical devices for the Northern Ireland marketManufacturer
s.010 UK marking of general medical devices (opens in a new tab) Imprisonment
  • Apply UK marking to general medical devicesAny Person
s.011 UK marking of general medical devices that come within the scope of this Part and other legislation (opens in a new tab) Imprisonment
  • Ensure devices meet all applicable safety laws before UK markingAny Person
s.013 Procedures for affixing a UK marking to general medical devices (opens in a new tab) Imprisonment
  • Follow conformity procedures for UK marking of medical devicesManufacturer
s.015 Procedures for custom-made general medical devices (opens in a new tab) Imprisonment
  • Comply with safety and documentation rules for custom-made medical devicesManufacturer
s.016 Procedures for general medical devices for clinical investigations (opens in a new tab) Imprisonment
  • Notify MHRA before starting a medical device clinical investigationManufacturer
s.017 Manufacturers etc. and conformity assessment procedures for general medical devices (opens in a new tab) Regulated
  • Observe manufacturer obligations in conformity assessment proceduresManufacturer
s.018 Approved bodies and the conformity assessment procedures for general medical devices (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Approved bodies must follow specific assessment and timing rulesStatutory regulator
s.019 Registration of persons placing general medical devices on the market (opens in a new tab) Regulated
  • Register with MHRA before placing medical devices on the marketManufacturer
8 other sections in this Part — procedural and definitional
s.additional requirements relating to use of animal Additional requirements relating to use of animal tissues
s.obligations in part ii and iii of these regulation Obligations in Part II and III of these Regulations which are met by complying with obligations in Regulation (EU) 2017/745
s.obligations in part ii of these regulations which Obligations in Part II of these Regulations which are met by complying with obligations in Directive 93/42
Part 3

Active Implantable Medical Devices

10 of 17 sections shown
s.021 Registration of persons placing active implantable medical devices on the market Imprisonment
  • Register with the MHRA before selling active implantable medical devicesAny Person
s.022 Essential requirements for active implantable medical devices (opens in a new tab) Imprisonment
  • Ensure active implantable medical devices meet essential requirementsAny Person
s.024 UK(NI) indication: active implantable medical devices Imprisonment
  • Affix UK(NI) mark to active implantable medical devices for Northern IrelandManufacturer
s.024 UK marking of active implantable medical devices (opens in a new tab) Imprisonment
  • Apply UK marking to active implantable medical devicesAny Person
s.025 UK marking of active implantable medical devices that come within the scope of this Part and other legislation (opens in a new tab) Imprisonment
  • Check all applicable safety laws before UK marking medical devicesAny Person
s.027 Procedures for affixing a UK marking to active implantable medical devices (opens in a new tab) Imprisonment
  • Check conformity before affixing UK marking to active implantable devicesManufacturer
s.028 Procedures for custom-made active implantable medical devices (opens in a new tab) Imprisonment
  • Follow safety procedures for custom-made implantable medical devicesManufacturer
s.029 Procedures for active implantable medical devices for clinical investigations (opens in a new tab) Imprisonment
  • Notify MHRA before starting clinical investigations of implantable devicesManufacturer
s.030 Manufacturers etc. and conformity assessment procedures for active implantable medical devices (opens in a new tab) Imprisonment
  • Follow assessment procedures for active implantable medical devicesManufacturer
s.031 Approved bodies and the conformity assessment procedures for active implantable medical devices (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Approved bodies must follow specific assessment rules for implantable devicesStatutory regulator
7 other sections in this Part — procedural and definitional
s.021 Registration of persons placing active implantable medical devices on the market
s.obligations in part iii which are met by complying Obligations in Part III which are met by complying with obligations in Directive 90/385
s.requirement to appoint a uk responsible person for Requirement to appoint a UK responsible person for active implantable medical devices
Part 4

Post-market surveillance requirements

13 of 16 sections shown
s.044 Post-market surveillance system Imprisonment
  • Establish and maintain a medical device post-market surveillance systemManufacturer
s.044 Post-market surveillance plan Imprisonment
  • Create and maintain a post-market surveillance (PMS) planManufacturer
s.044 Preventive and corrective actions Imprisonment
  • Take corrective action and notify authorities if a medical device is unsafeManufacturer
s.044 Field safety corrective actions and field safety notices Imprisonment
  • Follow safety procedures for field safety corrective actions (FSCA)Manufacturer
s.044 Field safety corrective actions outside Great Britain Imprisonment
  • Report safety actions taken outside the UK to the MHRAManufacturer
s.044 Trend reporting Imprisonment
  • Report significant increases in device incidents (Trend Reporting)Manufacturer
s.044 Reports received by the Secretary of State Imprisonment
  • Review and report on medical device incidents notified by the MHRAManufacturer
s.044 Retention of post-market surveillance documentation Imprisonment
  • Retain post-market surveillance records for medical devicesManufacturer
s.analysis of information received under part 4a Analysis of information received under Part 4A Regulated
  • Investigate and report on device safety concerns flagged by the Secretary of StateManufacturer
s.initial reporting of serious incidents Initial reporting of serious incidents Regulated
  • Report serious incidents involving your medical devices to the MHRAManufacturer
s.investigation and final reporting of serious incid Investigation and final reporting of serious incidents Regulated
  • Investigate serious device incidents and submit a final reportManufacturer
s.periodic safety update report Periodic safety update report Regulated
  • Produce and submit periodic safety update reports for medical devicesManufacturer
s.post-market surveillance report Post-market surveillance report Regulated
  • Produce post-market surveillance reports for certain medical devicesManufacturer
3 other sections in this Part — procedural and definitional
s.interpretation of part 4a Interpretation of Part 4A
s.requests for post-market surveillance documentatio Requests for post-market surveillance documentation
s.scope of part 4a Scope of Part 4A
Part 4

In Vitro Diagnostic Medical Devices

10 of 25 sections shown
s.034 Essential requirements for in vitro diagnostic medical devices (opens in a new tab) Imprisonment
  • Ensure IVD medical devices meet 'essential requirements' before supplyAny Person
s.036 UK(NI) indication: in vitro diagnostic medical devices Imprisonment
  • Affix UK(NI) indication to in vitro diagnostic devices for Northern IrelandManufacturer
s.036 UK marking of in vitro diagnostic medical devices (opens in a new tab) Imprisonment
  • Apply UK marking to in vitro diagnostic medical devicesAny Person
s.037 UK marking of in vitro diagnostic devices that come within the scope of this Part and other legislation (opens in a new tab) Imprisonment
  • Ensure devices meet all applicable health and safety laws before UK markingAny Person
s.038 Performance requirements for coronavirus test devices Imprisonment
  • Ensure coronavirus test devices meet sensitivity and specificity standardsManufacturer
s.038 Register of approved coronavirus test devices Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain and publish a Covid test device registerCrown / Minister / Government department
s.038 In vitro diagnostic medical devices not ready for use (opens in a new tab) Imprisonment
  • Do not supply or use in vitro diagnostic devices that are not ready for useAny Person
s.040 Procedures for affixing a UK marking to in vitro diagnostic medical devices (opens in a new tab) Imprisonment
  • Follow correct procedures to apply UK marking to IVD medical devicesManufacturer
s.042 Approved bodies and the conformity assessment procedures for in vitro diagnostic medical devices (opens in a new tab) Imprisonment
Other duties (1) — Crown / regulator
  • Approved bodies must follow strict rules for IVD device assessmentsStatutory regulator
s.043 Devices for performance evaluation (opens in a new tab) Imprisonment
  • Compile and retain documentation for performance evaluation devicesManufacturer
15 other sections in this Part — procedural and definitional
s.applications for approval of coronavirus test devi Applications for approval of coronavirus test devices
s.approval requirement for coronavirus test devices Approval requirement for coronavirus test devices
s.exemption for coronavirus test devices in conformi Exemption for coronavirus test devices in conformity with Regulation (EU) 2017/746 and Regulation (EU) 2022/1107
s.exemptions for coronavirus test devices Exemptions for coronavirus test devices
s.obligations in part iv of these regulations which Obligations in Part IV of these Regulations which are met by complying with obligations in Regulation (EU) 2017/746
s.obligations in part iv which are met by complying Obligations in Part IV which are met by complying with obligations in Directive 98/79
s.public sector use of coronavirus test devices Public sector use of coronavirus test devices
s.registration etc. of persons placing in vitro diag Registration etc. of persons placing in vitro diagnostic medical devices on the market
s.transitional provisions for coronavirus test devic Transitional provisions for coronavirus test devices
Part 5

Approved Bodies, Conformity Assessment Bodies and Marking of Products

7 of 10 sections shown
s.045 Designation etc. of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must designate and oversee approved bodies for medical devicesCrown / Minister / Government department
s.046 Choice of approved bodies and conformity assessment bodies (opens in a new tab) Imprisonment
  • Select an approved body for conformity assessmentManufacturer
s.047 Register of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain a public register of approved bodiesCrown / Minister / Government department
s.047 General matters relating to approved bodies (opens in a new tab) Regulated
  • Provide conformity assessment information in EnglishManufacturer
s.049 Fees charged by approved bodies and conformity assessment bodies (opens in a new tab) Regulated
  • Approved bodies and CABs must limit fees to reasonable costsConformity Assessment Body
s.050 Products incorrectly marked with an approved body or conformity assessment body number (opens in a new tab) Imprisonment
  • Do not use unauthorized body numbers on medical devicesAny Person
s.051 Products incorrectly marked with a UK marking (opens in a new tab) Imprisonment
  • Do not use medical device markings on non-medical productsAny Person
3 other sections in this Part — procedural and definitional
s.interpretation of part v Interpretation of Part V
s.meaning of approved body and uk notified body Meaning of approved body and UK notified body
Part 6

Fees charged by the Secretary of State

9 of 13 sections shown
s.053 Fees in connection with the registration of devices and changes to registration details (opens in a new tab) Regulated
  • Pay a fee when registering medical devices or updating registration detailsAny Person
s.054 Fees payable in connection with the designation of approved bodies (opens in a new tab) Imprisonment
  • Pay required fees for medical device 'approved body' statusAny Person
s.055 Fees payable in connection with the designation etc. of ... conformity assessment bodies (opens in a new tab) Imprisonment
  • Pay required fees for CAB designation, variations, and inspectionsAny Person
s.056 Fees in connection with approval of coronavirus test devices Imprisonment
  • Pay required fees for coronavirus test device approvalAny Person
s.056 Circumstances in which a fee is payable in relation to a consultation on the safety, quality and usefulness of a medicinal substance incorporated in a device Imprisonment
Other duties (1) — Crown / regulator
  • Secretary of State must charge fees for medicinal substance consultationsCrown / Minister / Government department
s.056 Fees payable in connection with a consultation or further consultation on the safety, quality and usefulness of a medicinal substance incorporated in a device Regulated
  • Pay consultation fees for medical devices containing medicinal substancesConformity Assessment Body
s.056 Fees payable in connection with regulatory advice meetings Imprisonment
  • Pay fee for regulatory advice meetings with the MHRAAny Person
s.056 Fees payable in relation to clinical investigation notices (opens in a new tab) Regulated
  • Pay required fees for clinical investigation noticesAny Person
s.058 Time for payment of fees - small companies Regulated
  • Pay medical device fees in instalments if you are a small companyTrader
4 other sections in this Part — procedural and definitional
s.fees payable in connection with pre-consultation m Fees payable in connection with pre-consultation meetings
Part 7

General, Enforcement and Miscellaneous

3 of 9 sections shown
s.061 Enforcement etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • MHRA and local authorities must enforce medical device regulationsCrown / Minister / Government department
s.065 Centralised systems of records etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain centralized medical device recordsCrown / Minister / Government department
s.067 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review and report on Medical Devices RegulationsCrown / Minister / Government department
6 other sections in this Part — procedural and definitional
Schedules

Schedules

0 of 42 shown
42 other schedules
s.sch001 The Agreement establishing an Association between the European Economic Community...
s.sch002 The agreement on mutual recognition in relation to conformity assessment...
s.sch002 The agreement on mutual recognition in relation to conformity assessment...
s.sch002 The agreement on mutual recognition between the European Community and...
s.sch002 The agreement on mutual recognition between the European Community and...
s.sch002 The agreement between the European Community and the Swiss Confederation...
s.sch002a Modification of Annexes to Directives 90/385, 93/42, 98/79
s.sch002a (1) The Annexes to Directive 90/385 are modified so that...
s.sch002a Omit Annex 9.
s.sch002a (1) The Annexes to Directive 93/42 are modified so that...
s.sch002a In Annex I— (a) in Section 3, for “Article 1(2)(a)”...
s.sch002a In Annex II— (a) in the title omit “EC”;
s.sch002a In Annex III— (a) for each reference to “EC type-examination”...
s.sch002a In Annex IV— (a) omit “EC” (including in the title)...
s.sch002a In Annex V— (a) for “notified body” each time it...
s.sch002a In Annex VI— (a) omit “EC” each time it occurs...
s.sch002a In Annex VII— (a) in the title and in Section...
s.sch002a In Annex VIII— (a) in Section 1, for “authorized representative”...
s.sch002a In Annex 1— (za) in Section 2, for “the functions...
s.sch002a In Annex IX for “this Directive” each time it occurs...
s.sch002a In Annex X— (a) in Section 1.1 for “harmonised standards”...
s.sch002a In Annex X1— (a) in the title, for “notified bodies”...
s.sch002a Omit Annex XII.
s.sch002a (1) The Annexes to Directive 98/79 are modified so that...
s.sch002a In Annex 1— (a) in Section 3 in part A,...
s.sch002a In Annex III— (a) in the title and in Section...
s.sch002a In Annex IV— (a) in the title, omit “EC”;
s.sch002a In Annex V— (a) in the title, omit “EC” ;...
s.sch002a In Annex VI— (a) in the title omit “EC”;
s.sch002a In Annex 2— (a) for the heading substitute “Declaration of...
s.sch002a In Annex VII— (a) in the title and in Section...
s.sch002a In Annex VIII— (a) in Section 1—
s.sch002a In Annex IX— (a) in the title, for “notified bodies”...
s.sch002a Omit Annex X.
s.sch002a In Annex 3— (a) in the title for “EC TYPE-EXAMINATION”...
s.sch002a For Annex 4 substitute— ANNEX 4 VERIFICATION Verification is the procedure whereby the manufacturer ensures and declares...
s.sch002a For Annex 5, substitute— ANNEX 5 DECLARATION OF CONFORMITY TO...
s.sch002a In Annex 6— (a) in Section 1, for “authorised representative...
s.sch002a In Annex 7— (a) in Section 1.1 for “harmonised” substitute...
s.sch002a In Annex 8— (a) in the title for “when designating...
s.sch002n Mutual Recognition Agreement countries
1 other provision
s.para.139 — Australia — New Zealand — Canada — The United...

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