| Surgical instruments and appliances — registration by the Authority(Application to the National Drug Authority for registration of a surgical instrument before manufacture, importation or exportation, on Form 7 of Schedule 6 to S.I. 2014 No. 29 (reg. 27(1)-(2)), filed by the patent holder, a licensed person, the manufacturer, or an agent authorised by the manufacturer or patent holder (reg. 27(3)); registration is a precondition of sale or distribution (reg. 25(1))) Reg. 38(1) of the National Drug Policy and Authority (Registration) Regulations, 2014 (S.I. 2014 No. 29), Part IV: 'The Authority shall determine an application for registration under these Regulations, within sixty days from the date of receipt of the application.' It is the only clock in the instrument that runs against the Authority, and reg. 38(2)-(4) name the three decisions it governs — approve and register, require further information, or refuse with reasons. The device scope is established by reg. 2(c), which applies the Regulations to 'surgical instruments', and by Part III (regs. 24-35, Registration of Surgical Instruments), reg. 25(1) of which requires all surgical instruments to be registered by the Authority before sale or distribution. The unit is calendar days: the regulation says 'within sixty days', not working days or business days. THE SIXTY DAYS IS NOT A WALL-CLOCK PROMISE, and the reasons are recorded rather than smoothed over. Reg. 37 lets the Authority require further information and samples in the course of examining an application without any time limit and contains no clock-stop rule; NDA's registration guideline then supplies the stop rule the statute lacks — 'Once a query or a request has been raised, the processing shall halt until after the response to the query has been received' — and adds that an application may be cancelled or rejected if no response is received 'within six months from the written query notification date'; and the licence applications that must be lodged alongside registration at NDA carry no period at all. The realistic range covers those unclocked steps around the statutory 60 days. Registered surgical instruments are recorded in the register kept under reg. 26 in the format of Schedule 5; the certificate of registration is Form 8 under reg. 30(2) (Schedule 7), and a first registration certificate is valid for five years under reg. 40(1). The instrument read in full is the gazetted text of S.I. 2014 No. 29 (https://www.nda.or.ug/wp-content/uploads/2022/03/Drug-Registration-Regulation.pdf — NDA's own 'NDPA Act & Regulations' page links it under the title 'Drug Registration Regulation', the only registration regulation the Authority publishes). NDA's medical-devices page cites a later device instrument, 'statutory Instrument no 77 of the Surgical Instruments and appliances Regulation 2019', which could not be retrieved on any transport and is not listed on the Authority's own legislation page, so whether it amends or replaces this clock is unresolved and is recorded as such in the entry's other rows. |