Section 1151 The independence requirementI1

(1)

A person meets the independence requirement for the purposes of section 1150 only if—

(a)

he is not—

(i)

an officer or employee of the company, or

(ii)

a partner or employee of such a person, or a partnership of which such a person is a partner;

(b)

he is not—

(i)

an officer or employee of an associated undertaking of the company, or

(ii)

a partner or employee of such a person, or a partnership of which such a person is a partner; and

(c)

there does not exist between—

(i)

the person or an associate of his, and

(ii)

the company or an associated undertaking of the company,

a connection of any such description as may be specified by regulations made by the Secretary of State.

(2)

An auditor of the company is not regarded as an officer or employee of the company for this purpose.

(3)

In this section—

“associated undertaking” means—
1. (a)
  a parent undertaking or subsidiary undertaking of the company, or
2. (b)
  a subsidiary undertaking of a parent undertaking of the company; and
“associate” has the meaning given by section 1152.

(4)

Regulations under this section are subject to negative resolution procedure.

Annotations

I1: S. 1151 wholly in force at 1.10.2009; s. 1151 not in force at Royal Assent, see s. 1300; s. 1151in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1151 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(t) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)

C1: Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
C2: Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2