{
  "url": "https://openlegislation.uk/electricity-act-1989/schedule-2A/paragraph-37",
  "json_url": "https://openlegislation.uk/electricity-act-1989/schedule-2A/paragraph-37.json",
  "legislation": "ukpga/1989/29",
  "legislation_title": "Electricity Act 1989",
  "legislation_url": "https://openlegislation.uk/electricity-act-1989",
  "path": "schedule/2A/paragraph/37",
  "kind": "paragraph",
  "number": "37",
  "heading": null,
  "text": "(1) For the purposes of this Schedule, one body corporate is associated with another if one of them controls the other or a third body corporate controls both of them, and sub-paragraphs (2) to (6) set out the circumstances in which one body corporate (“A”) controls another (“B”).\n(2) Where B is a company, A controls B if A possesses or is entitled to acquire—\n(a) one half or more of the issued share capital of B,\n(b) such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B,\n(c) such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders, or\n(d) such rights as would, in the event of the winding up of B or in any other circumstances, entitle it to receive one half or more of the assets of B which would then be available for distribution among the shareholders.\n(3) Where B is a limited liability partnership, A controls B if A—\n(a) holds a majority of the voting rights in B,\n(b) is a member of B and has a right to appoint or remove a majority of other members, or\n(c) is a member of B and controls alone or pursuant to an agreement with other members, a majority of the voting rights in B.\n(4) In sub-paragraph (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.\n(5) In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A's wishes.\n(6) In determining whether, by virtue of sub-paragraphs (2) to (5), A controls B, A is to be taken to possess—\n(a) any rights and powers possessed by a person as nominee for it, and\n(b) any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this sub-paragraph).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2A inserted (20.5.2009) by Energy Act 2008 (c. 32), ss. 44(4), 110(2), Sch. 2; S.I. 2009/1270, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1989/29/schedule/2A/paragraph/37",
    "retrieved_at": "2026-10-29T09:46:38.123919+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}