Article 7 Interpretation etc.

(1)

In determining—

(a)

the value of the supplies made by a body corporate that is the sole general partner of a limited partnership (a “general partner”);

(b)

whether a general partner is carrying on a relevant business activity;

(c)

whether the benefits condition is satisfied in relation to a general partner;

(d)

whether the consolidated accounts condition is satisfied in relation to a general partner,

articles 3(1) and (2), 4(1), 5 and 6 shall apply as if references to the body or specified body, as the case requires, are references to the limited partnership.

(2)

A person is a third party for the purposes of this Order if—

(a)

he does not control the body corporate and all of the other members of the group;

(b)

a person who controls the body corporate and all of the other members of the group does not control him; and

(c)

he is not an excepted individual.

(3)

An individual is an excepted individual if he is—

(a)

an employee or director of the body; or

(b)

where the body is a limited liability partnership, a member of the body.

(4)

Any reference in this Order to “the group” is to the group of which the body corporate is a member or to which an application under section 43B(1) or (2)(a) of the Act relates, as the case may require.

(5)

Any reference in this Order to a person controlling a body corporate includes a reference to his controlling the body together with one or more other individuals with whom he is carrying on a business in partnership.