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30.—(1) A participant must appoint one or more responsible officers in relation to an ESOS assessment.
(2) In these Regulations “responsible officer” means a person who is nominated for the purposes of these Regulations and is—
(a)where applicable, a director of the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, a director of one of them) within the meaning of section 250 of the Companies Act 2006 (a “director”)(1), or
(b)where there is no person falling within sub-paragraph (a) in relation to a participant, a person exercising management control in the participant (or, in the case of two or more relevant undertakings complying with the Scheme as one participant, such a person in relation to one or more of the relevant undertakings).
(3) In any case where the lead assessor appointed under regulation 21(1) is independent of the participant, one responsible officer must be nominated, and in any other case, two responsible officers must be nominated.
(4) For the purposes of this regulation a person appointed by a responsible undertaking as lead assessor is independent of the participant if they are not—
(a)connected with it by virtue of being a person who is, or has in the last 12 months been—
(i)an employee,
(ii)a director, partner or other person exercising management control, or
(iii)a shareholder
of the participant, or
(b)a spouse or civil partner of a person falling within sub-paragraph (a).
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