RE: Reply from local MP14 Jul 2021 12:23
we have taken the decision not to make the laboratory element of validation a mandatory requirement. Initially, we have decided to implement mandatory validation of COVID-19 tests via a desktop review delivered by DHSC. The government intends to introduce mandatory laboratory technical validation at a later date.
Further details are also given about the âdesktop reviewâ:
We are proposing an approval regime that would require persons seeking to bring a test to market in the UK to register via an online portal. CE marking will be a prerequisite for applying for validation. They would then submit data for a thorough desk-based assessment including evidence of laboratory validation already conducted. A register of all tests that pass the validation process would be published on GOV.UK, providing consumers with clear comparable data, making it easier to assess the performance of different tests on the market and make informed decisions when purchasing a test (DHSC, Private coronavirus (COVID-19) testing validation: government response, 17 June 2021).
The draft Medical Devices (Coronavirus Test Device Approvals) (Amendment) Regulations 2021 were laid before Parliament on 17 June 2021. The draft explanatory memorandum accompanying the Regulations explains that, through the SI, the Government intends to establish:
a requirement that all COVID-19 tests placed on the UK market undergo a mandatory approval process, to validate them as meeting high quality standards. Following a transition
period, tests that fail this process would be barred from sale. Retailers, distributors and manufacturers of tests that attempt to sell unapproved tests would face sanction.
The draft Regulations, which would apply to the entire UK, are to be made under section 15 of the Medicines and Medical Devices Act 2021, following the draft affirmative procedure (meaning both Houses of Parliament have to approve the Regulations before they are signed into law). While the motion to approve the SI has been tabled by the Government in both the Commons and Lords, I cannot see that a date has been set by either House for the formal consideration of the SI.
Tests supplied by government will be exempt from validation. The draft explanatory memorandum states the following on this point:
To avoid duplication of work tests supplied by government will be exempt from validation. This is because the market validation is based on the validation DHSC [the Department of Health and Social Care] has been doing for public procurement of tests as such these two validation process are judged to be equal. As such DHSC will place tests onto to the market without undergoing the regulatory validation process conducted by DHSC to control access to the UK market.
Further to avoid potential supply issues in NHS hospitals where a contract exists for the supply of tests, those tests will be grandfathered and exempt solely for the life of that contract to the specific NHS hospital