34.—(1) The appropriate Agency may approve a person listed in paragraph (2) for the purposes of—
(a)in relation to a producer, issuing certificates of compliance and signing the form referred to in regulation 7(4)(c) or (ca) or 19(2) (as the case may be);
(b)in relation to the operator of a scheme, signing the form referred to in regulation 14(3)(c) or the statement referred to in regulation 22(4).
(2) A person listed is, where the relevant person—
(a)is an individual, that individual;
(b)is a partnership, a partner;
(c)is a company registered in Great Britain, a director or company secretary of that company;
(d)is an unincorporated body, an individual who has control or management of that body; or
(e)does not have a registered office in Great Britain, an individual who has control or management of the relevant person.
(3) For the purposes of paragraph (2), the “relevant person” means a producer or the operator of a scheme (as the case may be).
[F2(4) Subject to regulation 34A, the appropriate Agency may approve the delegation by an approved person of the person’s functions to any other person.
(5) An approved person who has delegated functions under paragraph (4) may continue to perform those functions.
(6) For the purposes of these Regulations, an act of a delegate performing the functions of an approved person on that person’s behalf is to be treated as an act of the approved person.
(7) In this regulation, and in regulation 34A, “functions” means the functions referred to in paragraph (1)(a) and (b).]]
Textual Amendments
F1Reg. 34 substituted (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 14
F2Reg. 34(4)-(7) inserted (24.2.2016) by The Producer Responsibility Obligations (Packaging Waste) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/241), regs. 1(b), 18