Medical device legislation for custom-made devices after the UK has left the EU: answers to a further ten important questions

A custom-made device is a medical device that is 'intended for the sole use of a particular patient' made 'in accordance with a written prescription'. In a dental setting, common examples of custom-made devices include crowns, dentures and orthodontic appliances. Until fairly recently, dental professionals who manufactured custom-made devices within the European Union (EU) were required to do so in accordance with Council Directive 93/42/EEC (Medical Devices Directive [MDD]), which was given effect in the UK by the Medical Devices Regulations 2002 (Statutory Instrument 2002/618 [UK MDR 2002]). The MDD has since been replaced by Regulation (EU) 2017/745 (Medical Device Regulation [EU MDR]). However, the withdrawal of the UK from the EU, the COVID-19 pandemic and the implementation of the Ireland/Northern Ireland Protocol has led to different parts of the UK following different legislative frameworks. Dental professionals in Great Britain (England, Scotland and Wales) who manufacture custom-made devices must follow the relevant requirements of the UK MDR 2002 (although devices may be placed on the market in accordance with the EU MDR until 30 June 2024), while those in Northern Ireland are subject to the EU MDR. This paper provides answers to some key questions regarding the ways in which these legislative changes have impacted the provision of custom-made devices in the UK. Key points The withdrawal of the UK from the EU, the COVID-19 pandemic and the implementation of the Ireland/Northern Ireland Protocol have led to different parts of the UK following diverging medical device legislation. Custom-made devices in Great Britain must be manufactured in accordance with the Medical Devices Regulations 2002 (Statutory Instrument 2002/618), while those in Northern Ireland are subject to Regulation (EU) 2017/745 (EU Medical Device Regulation). Further changes to medical device legislation are expected following the Government response to the consultation on the future regulation of medical devices.