The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
As published
133 Delegation of approved persons’ functions
(1) An approved person may delegate their functions to any other person (a “delegate”), subject to the delegation being approved by the appropriate agency under this regulation.
(2) An application to delegate an approved person’s functions must be made in accordance with regulation 134.
(3) The appropriate agency must grant the application if it is satisfied, taking into account the factors specified in paragraph (4), that the proposed delegate is capable of carrying out the functions on behalf of the approved person, and must otherwise refuse the application.
(4) The factors mentioned in paragraph (3) are—
(a) if the proposed delegate is an employee of the relevant person, the proposed delegate’s level of seniority;
(b) if the proposed delegate is not an employee of the relevant person, 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.
(5) Where a delegation of an approved person’s functions has been approved under this regulation—
(a) either the approved person or the delegate may perform those functions;
(b) the performance of a function by the delegate is to be treated as an act of the approved person;
(c) the approved person is responsible for ensuring that any functions performed by the delegate are performed in accordance with these Regulations.
(6) In this regulation—
“function” means anything which a provision of these Regulations requires to be done by an approved person;
“the relevant person” has the same meaning as in regulation 132.
Your change, as a redline
133 Delegation of approved persons’ functions
(1) An approved person may delegate their functions to any other person (a “delegate”), subject to the delegation being approved by the appropriate agency under this regulation.
(2) An application to delegate an approved person’s functions must be made in accordance with regulation 134.
(3) The appropriate agency must grant the application if it is satisfied, taking into account the factors specified in paragraph (4), that the proposed delegate is capable of carrying out the functions on behalf of the approved person, and must otherwise refuse the application.
(4) The factors mentioned in paragraph (3) are—
(a) if the proposed delegate is an employee of the relevant person, the proposed delegate’s level of seniority;
(b) if the proposed delegate is not an employee of the relevant person, 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.
(5) Where a delegation of an approved person’s functions has been approved under this regulation—
(a) either the approved person or the delegate may perform those functions;
(b) the performance of a function by the delegate is to be treated as an act of the approved person;
(c) the approved person is responsible for ensuring that any functions performed by the delegate are performed in accordance with these Regulations.
(6) In this regulation—
“function” means anything which a provision of these Regulations requires to be done by an approved person;
“the relevant person” has the same meaning as in regulation 132.
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