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  • 1.  UK MDR 2002 No168 - Text with amendment changes

    Posted 21-Jan-2021 05:26

    Dear colleagues,

    As per UK new Guidance "Regulating medical devices in the UK" the device must comply with the Medical Devices Regulations 2002 (SI 2002 No 618, as amended) (UK MDR 2002), that came into force on 1st January 2021.

    The version of the UK MDR 2002 No.618 provided on the legislation.gov.uk states that there are outstanding changes to be made to the document, so they don't present the latest version of the regulation containing all the applicable amendments.

    As per the legislation.gov.uk editorial team, changes from amendments like 2017 No. 207, 2019 No. 791, 2019 No. 1385, 2020 No. 1478 and others, are not yet included on the UK MDR 2002 No 618 text.

    Does anyone have access to the latest version of the UK MDR 2002 No 168 containing all the changes done by the amendments? Or can tell where the updated document could be found?

    Thanks in advance!



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    Best regards,
    Maisa Raposo
    Regulatory Affairs Specialist
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  • 2.  RE: UK MDR 2002 No168 - Text with amendment changes

    Posted 22-Jan-2021 05:20
    Hello Maisa,

    You can find the regulation here: https://www.legislation.gov.uk/uksi/2002/618/contents/made which is from the landing page talking all about post-EU activities here: https://www.gov.uk/guidance/regulating-medical-devices-in-the-uk#legislation-that-applies-in-great-britain.  Just select the radio button "Original As Made" which describes the current requirements.  Back in 2019 they published a draft for updating the 2002 regulation post leaving EU, but this has not been published yet.  There is still conjecture on what this will actually look like maybe more like Canada, maybe like EU MDR, maybe something else.  At a minimum the current regulation pretty much follows the EU MDD, AIMDD, and IVDD so if you have been CE Marking product, it should not be too difficult to comply with the UKSI 2002 regulation.  But make sure to reference the second page link, because there are additional requirements currently added after 1 Jan 2021, i.e. Responsible Person and product registrations.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 3.  RE: UK MDR 2002 No168 - Text with amendment changes

    Posted 22-Jan-2021 12:08
    Hi Richard,

    Thank you for you kind reply.
    Once I access the UK MDR 2002 No 618, on the latest available revised version, I can see that there are a lot of amendments implemented to this regulation, some of them which were not applied to the text by the editorial team yet.

    If I check the 2020 No 1478 amendment (adds UK Northern Ireland and Great Britain Requirements, including amendments to the 2019 amendment) it doesn't show as draft, but as UK Statutory Instruments to come into force immediately before IP completion day, so I believe that they are effective. Also the 2019 No 791 and No 1385 are also listed as UK Statutory Instruments, not as draft.

    On an email reply, MHRA told me that they cannot provide a consolidated version of the regulation, that this is up to legislation.gov.uk. We were advised to get a consolidated version from a legal firm. I am not sure if anyone would have suggestions for that?

    I am sorry if I am misinterpreting the effectiveness of a UK Statutory Instrument, I just started to work with UK legislations. Please feel free to correct me, maybe those amendments were not applied and the original version is the one to be followed.

    Best regards,
    Maísa

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    Maisa Raposo
    Regulatory Affairs Specialist
    Anaheim CA
    United States
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  • 4.  RE: UK MDR 2002 No168 - Text with amendment changes

    Posted 22-Jan-2021 14:56
    My understanding is that if one used the "Original As Made" version (which I believe shows how The Medical Devices Regulations 2002 looked at initial inception), then that would omit over 400 currently-applicable revisions that were made subsequent to 2002.  It is also my understanding that a consolidated version is not available from the MHRA, thus leaving us with the task of manually tracking and identifying the aforesaid numerous revisions via the compilations available at legislation.gov.uk (unless someone in the private sector has compiled a consolidated version; at the moment, I know of no such source, though it seems likely someone somewhere has such a version).  To do the manual approach, I follow the work instruction below:

    1. Go to https://www.legislation.gov.uk/eu-legislation-and-uk-law

    2. In the search pane, enter "2002" for the year, and "618" for the number, and search in "All UK Legislation", which returns a link to the site's compilation for The Medical Devices Regulations 2002 and the many changes made after the initial version. Click on the link.

    3. That takes you to legislation.gov.uk's Table of Contents for The Medical Devices Regulations 2002.  To access the latest compilation of these Regulations as amended, be sure to, on the left-side menu, select "Latest available (Revised)" instead of "Original (As made)"; otherwise, I believe one would be accessing an outdated version.

    4. The legislation.gov.uk site appears to offer and organize the various changes in at least two ways:
     

    Either,

     

    • In direct association with each section of the Table of Contents, consequently requiring us to click on each section to manually locate and review the latest iteration of that section.  For example, if one clicks on Regulation 2 (Interpretation) of Part 1, the latest iteration of Regulation 2 Part 1 is displayed in piecemeal fashion as follows: i) the text directly on the screen reflects the changes made to Regulation 2 up through the date shown in the 'Changes over time' timeline displayed when selecting 'Show Timeline of Changes' under 'Advanced Features'. In the case of Regulation 2, that date is 01/09/2007, which is the latest consolidated (yet still outdated) version assembled on legislation.gov.uk site; ii) the pink box allows us to identify and review the changes made specific to Regulation 2 after 01/09/2007; iii) the gold box allows us to identify Brexit-related changes.  In summary, sub-steps i, ii, and iii need to be performed in order to realize the latest version of Regulation 2, Part 1.  This same approach appears to be necessary for each of the sections in the aforesaid Table of Contents.

     

    Or,

     

    • A consolidated list of, and links to, the various historical changes (spanning from 2003 to 2020, yet not necessarily including the Brexit changes) appears to be available as follows: i) From the aforesaid Table of Contents page, click the 'More Resources' drop-down menu on the left column. b) Select 'View more>'. c) Click 'Affecting The Medical Devices Regulations 2002>'. This listing is neat because it identifies which changes have been integrated into the texts that appear directly on the screens (e.g., see step a.i. above), and which changes haven't (thus requiring review of the red and gold boxes).


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    Kevin Randall, ASQ CQA, RAC (Europe, U.S., Canada)
    Principal Consultant
    ComplianceAcuity, Inc.
    Ridgway, CO
    United States
    www.complianceacuity.com
    © Copyright 2020 by ComplianceAcuity, Inc. All rights reserved.
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  • 5.  RE: UK MDR 2002 No168 - Text with amendment changes

    Posted 23-Jan-2021 07:01
    Hello,

    Hmmm ok, maybe "Original as made" does show the initial without the revisions, but I remember looking at it a while ago and it had the amendments in there.  You may be right Kevin, the Original As Made may be in fact the initial version without any of the changes and if you select the other radio button it does come up with the message about this is under revision.

    Maisa, yes indeed sadly there is not a consolidated version.  You have to go through piece meal like Kevin described which is not handy to just look at the "current" regulation and also I am not aware of a consolidated version out there.  The only "fresh" regulation I saw was the draft published in 2019, but would not use this either because from what I understand they may be doing something completely different.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 6.  RE: UK MDR 2002 No168 - Text with amendment changes

    Posted 26-Jan-2021 08:13
    Edited by Maisa Raposo 26-Jan-2021 08:20
    Thank you Kevin and Richard, I appreciate your reply.

    Yes, I was hoping that there would be another way than doing it manually, as this is a very time consuming task.


    Apparently, the House of Lords have returned the Medicines and Medical Device Bill to the House of Commons with amendments. The amendments will be considered on the floor of the House on Wednesday 27 January 2021. If all is agreed it should proceed to the royal signature.

    One of the suggested amendment to the Bill is the following: After Clause 37 - Insert the following new Clause— “Requirement for draft consolidated legislation: medical devices. The Secretary of State must, within the period of three years beginning with the day on which this Act is passed, publish draft legislation consolidating the regulatory regime as it applies to medical devices.”

    If this amendment is inserted on the Bill, this reads to me as if they are planning to release a new UK MDR version draft within three years, so it may take a while until the UK has a new medical device regulation in force.


    Best regards,
    Maísa
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    Maisa Raposo
    Regulatory Affairs Specialist
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