Supplementary

32 Meaning of “associate”.

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 F5and 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 F4were 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.