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18. (1) The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.
(2) Where the responsible person appoints persons in accordance with paragraph (1), he must make arrangements for ensuring adequate co-operation between them.
(3) The responsible person must ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of the premises, the risks to which relevant persons are exposed and the distribution of those risks throughout the premises.
(4) The responsible person must ensure that—
(a)any person appointed by him in accordance with paragraph (1) who is not in his employment—
(i)is informed of the factors known by him to affect, or suspected by him of affecting, the safety of any other person who may be affected by the conduct of his undertaking; and
(ii)has access to the information referred to in article 19(3); and
(b)any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—
(i)employed by him under a fixed-term contract of employment, or
(ii)employed in an employment business,
as is necessary to enable that person properly to carry out the function specified in that paragraph.
(5) A person is to be regarded as competent for the purposes of this article where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures.
(6) Paragraph (1) does not apply to a self-employed employer who is not in partnership with any other person, where he has sufficient training and experience or knowledge and other qualities properly to assist in undertaking the preventive and protective measures.
(7) Paragraph (1) does not apply to individuals who are employers and who are together carrying on business in partnership, where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—
(a)properly to undertake the preventive and protective measures; and
(b)properly to assist his fellow partners in undertaking those measures.
(8) Where there is a competent person in the responsible person’s employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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