An employee, agent or officer of the provider with duties of such responsibility that his or her conduct may fairly be assumed to represent the provider in relation to the business of providing courses (see Section 5 of the ESOS act). Examples of the categories of person to be captured under this amendment – officers with management responsibility, consultants, principles and also includes teachers. The purpose of this is to prevent persons with a history of non-compliance with the ESOS Act, who are not providers or associates of providers (both currently captured by the legislation), from taking up positions of responsibility with other providers. So, wherever an employee, consultant, principal, teacher has sufficient responsibility within as organisation to make decisions with regard to the operation of the provider, the test would be applied.
High Managerial agent