533Meaning of “operator” of a facility or proposed facility

533 Meaning of “operator” of a facility or proposed facility

533 Meaning of “operator” of a facility or proposed facility

(1) In this chapter, the operator of a facility is the person conducting the business or undertaking of operating the facility who has—

(a) management or control of the facility, and

(b) the power to direct that the whole facility be shut down.

(2) In this chapter—

operator of a proposed facility means—

(a) the operator of a proposed facility that is an existing workplace, or

(b) the person who is to be the operator of a proposed facility that is being designed or constructed.

(3) If more than one person is an operator of the facility within the meaning of subsection (1)—

(a) one of those persons must be selected as the operator of the facility for the purposes of this chapter, and

(b) that person’s details must be given to the regulator.

(4) The person selected—

(a) must notify the regulator of the nomination, and

(b) may do so by including it in a notification under section 536.

(5) The person selected under subsection (3) is the operator of the facility for the purposes of this chapter.

(6) If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this chapter—

(a) each operator within the meaning of subsection (1) who is an individual,

(b) for each operator within the meaning of subsection (1) that is a body corporate—each officer of the body corporate.