Part 4: Medical Devices Chapter 3: Enforcement Section 23: Safety notices
This section gives the enforcement authority the powers to issue a safety notice to any person, meaning it can be served on any actor in the supply chain. A safety notice will impose prohibitions or requirements on a person that the enforcement authority deems necessary, in order to protect health and safety.
	Subsection (2) lists activities that a person may be prohibited from carrying out in relation to a device except with the enforcement authority’s consent. This list is illustrative.
	Subsection (3) sets out further examples of the requirements that may be imposed by the enforcement authority in a safety notice. These are:
A requirement to publish a warning about the medical device, including the format of such a warning. The exact form of this warning will vary from case to case but should be specified in the safety notice.
A requirement for the person to recall the device (that is, organise the return of it) from where it has been supplied, or work with the enforcement authority to recall the device.
	Subsection (4) provides that a requirement to recall a device (further to reliance on section 23(3)(b)) can only be imposed on a person if there is no alternative requirement available which could sufficiently protect health and safety.
	Subsection (5) provides that the notice must include the reasons as to why it has been served.
	Subsection (6) is self-explanatory.
	In accordance with subsection (7) the enforcement authority may only issue a safety notice if it has given the person the opportunity to make representations as to why the notice should not be issued. However, if the enforcement authority considers there is an urgent need to issue the notice, as set out in subsection (8), it may issue a notice without first having given the person opportunity to make representations.