Article 2 Control of an enterprise

(1)

For the purposes of section 94A(2) of the Enterprise Act 2002 (penalty for breach of interim undertakings and orders), an enterprise is to be treated as controlled by a person (P) where—

(a)

the enterprise is carried on by P otherwise than in partnership or as a member of an unincorporated association or group of persons;

(b)

the enterprise is carried on by a body corporate in which P has a controlling interest;

(c)

the enterprise is carried on by a body corporate, and P is able directly or indirectly to control or materially to influence the policy of that body corporate without having a controlling interest in that body corporate;

(d)

the enterprise is carried on by a partnership or by an unincorporated association or group of persons, and P (whether or not P is a member of that partnership, association or group) is able directly or indirectly to control or materially to influence the policy of that partnership, association or group in carrying on the enterprise; or

(e)

the enterprise is carried on by an individual, and P is able directly or indirectly to control or materially to influence the policy of that individual in carrying on the enterprise.

(2)

For the purposes of paragraph (1)(b) and (c), P has a controlling interest in a body corporate if P—

(a)

is a parent undertaking of that body corporate within the meaning of section 1162 of the Companies Act 2006 M1; or

(b)

would be a parent undertaking of that body corporate within the meaning of that section if P were an undertaking within the meaning of section 1161 of that Act.

(3)

For the purposes of paragraph (2), subsections (2)(c) and (4)(a) of section 1162 of the Companies Act 2006 are to be disregarded.

(4)

For the purposes of paragraph (1)(c), (d) and (e) the appropriate authority may, having regard to all the circumstances, determine whether any person is able directly or indirectly to control or materially to influence the policy of a body corporate or the policy of an individual or a partnership or an unincorporated association or group of persons in carrying on an enterprise.

(5)

References in this article to a body corporate include a body incorporated outside the United Kingdom; and references to a partnership or an unincorporated association or group of persons include a partnership or unincorporated association or group of persons formed or established, or having any members incorporated, formed or established, outside the United Kingdom.

Annotations

Marginal citations

M1: 2006 c. 46.