18. After paragraph (3) of regulation 34 (approved persons), insert—
“(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).
34A.—(1) An approved person who proposes the delegation of the person’s functions to another person under regulation 34(4) shall apply for approval to the appropriate Agency on a form supplied for that purpose by that Agency, signed by the approved person.
(2) An application for approval under paragraph (1) shall, within 28 days of receipt of the application—
(a)be granted where the appropriate Agency is satisfied that the proposed delegate, taking into account the factors specified in paragraph (3), is capable of carrying out the functions on behalf of the approved person; or
(b)otherwise be refused.
(3) The factors mentioned in paragraph (2)(a) are—
(a)if the proposed delegate is an employee of the producer or the operator of the scheme, the proposed delegate’s level of seniority;
(b)if the proposed delegate is not an employee of the producer or the operator of the scheme, the nature of the proposed delegate’s relationship with the approved person;
(c)the degree of the proposed delegate’s knowledge of, or access to, information necessary for the purposes of carrying out the functions on behalf of the approved person; and
(d)any other factor which the appropriate Agency reasonably thinks is relevant.
(4) An approval granted in accordance with paragraph (2)(a) may be for such period, or subject to such other conditions, as the appropriate Agency may specify.
(5) Where an application for approval is granted in accordance with paragraph (2)(a), the appropriate Agency shall notify the approved person in writing of this, and of any conditions it has imposed pursuant to paragraph (4), within 28 days of its decision.
(6) The appropriate Agency may decide to withdraw approval granted under paragraph (2)(a) and, if such a decision is taken, shall serve on the approved person written notice of—
(a)the decision to withdraw approval;
(b)the reasons for the decision; and
(b)the date on which the withdrawal takes effect, not being earlier than 28 days from the date of the notice.
(7) If an approved person proposes to revoke a delegation granted under paragraph (2)(a), the person shall serve written notice on the appropriate Agency of this and of the date when the revocation takes effect, not being earlier than 28 days from the date of the notice.”.