C5C6C7C3C4C8F3Part 3Mergers

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C3

Pt. 3 applied (with modifications) (29.12.2004) by 1991 c. 56, Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)

Pt. 3 (ss. 22-130) applied (1.10.2005) by 1991 c. 56, s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied (1.10.2005) by 1991 c. 56, s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)

Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)

C4

Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C7Chapter 5Supplementary

Other

C1C2C9127C7 Associated persons

1

Associated persons, and any bodies corporate which they or any of them control, shall be treated as one person—

a

for the purpose of deciding under section 26 whether any two enterprises have been brought under common ownership or common control;

F1aa

for the purposes of section 58(2C); and

b

for the purpose of determining what activities are carried on by way of business by any one person so far as that question arises in connection with paragraph 13(2) of Schedule 8.

2

Subsection (1) shall not exclude from section 26 any case which would otherwise fall within that section.

3

A reference under section 22, 33, 45 or 62 (whether or not made by virtue of this section) may be framed so as to exclude from consideration, either altogether or for a specified purpose or to a specified extent, any matter which, apart from this section, would not have been taken into account on that reference.

4

For the purposes of this section—

a

any individual and that individual’s spouse F2, civil partner or partner and any relative, or spouse or partner of a relative, of that individual or of that individual’s spouse F2, civil partner or partner;

b

any person in his capacity as trustee of a settlement and the settlor or grantor and any person associated with the settlor or grantor;

c

persons carrying on business in partnership and the spouse F2, civil partner or partner and relatives of any of them; or

d

two or more persons acting together to secure or exercise control of a body of persons corporate or unincorporate or to secure control of any enterprise or assets,

shall be regarded as associated with one another.

5

The reference in subsection (1) to bodies corporate which associated persons control shall be construed in accordance with section 26(3) and (4).

6

In this section “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild of any person, or anyone adopted by a person, whether legally or otherwise, as his child being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a spouse F2, civil partner or partner shall include a former spouse F2, civil partner or partner.