34.—(1) The Department 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 Northern Ireland, 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 Northern Ireland, 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) In accordance with regulation 34A, the Department may approve the delegation by an approved person of that approved person’s functions to any other person.
(5) An approved person who has delegated functions in accordance with 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 approved 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