Section 32 Meaning of “associate”.

United Kingdom

(1)

In this Act “associate” includes a business associate and otherwise has the meaning given by the following provisions of this section.

(2)

A person is an associate of another if he is the spouse F1 or civil partner or a relative of that other or of a business associate of that other.

(3)

In subsection (2) above “relative” means brother, sister, uncle, aunt, nephew, niece, lineal ancestor or linear descendant, F2... references to a spouse include a former spouse and a F3reputed spouse, and references to a civil partner include a former civil partner F4and a reputed civil partner; and for the purposes of this subsection a relationship shall be established as if an illegitimate child or step-child of a person F5were the legitimate child of the relationship in question .

(4)

A body corporate is an associate of another body corporate—

(a)

if the same person is a controller of both, or a person is a controller of one and persons who are his associates, or he and persons who are his associates, are controllers of the other; or

(b)

if a group of two or more persons is a controller of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

(5)

An unincorporated association is an associate of another unincorporated association if any person—

(a)

is an officer of both associations;

(b)

has the management or control of the activities of both associations; or

(c)

is an officer of one association and has the management or control of the activities of the other association.

(6)

A partnership is an associate of another partnership if—

(a)

any person is a member of both partnerships; or

(b)

a person who is a member of one partnership is an associate of a member of the other partnership; or

(c)

a member of one partnership has an associate who is also an associate of a member of the other partnership.

Annotations

Textual amendments

F1: Words in s. 32(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 63(2); S.I. 2005/3175, art. 2(2)
F2: Word in s. 32(3) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 63(3)(a), Sch. 30; S.I. 2005/3175, art. 2(2)(6)
F3: Words in s. 32(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 63(3)(b); S.I. 2005/3175, art. 2(2)
F4: Words in s. 32(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 5
F5: Words in s. 32(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 63(3)(c); S.I. 2005/3175, art. 2(2)