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The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 1) Order 1998

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Aggregation with number of employees in associated businesses

6.—(1) A business shall be regarded as a large business where the average number of employees employed in that business when aggregated with the average numbers employed in all other businesses run by the same or any associated employer is more than 50.

(2) For the purpose of the application of this paragraph, the average number for each business run by the same or any associated employer is calculated separately.

(3) For the purposes of sub-paragraph (1) above, two employers shall be treated as associated employers if–

(a)one is a body of which the other employer (directly or indirectly) has control; or

(b)both are bodies of which a third person (directly or indirectly) has control.

(4) In sub-paragraph (3) above–

(a)“body” means a body of persons corporate or unincorporate;

(b)“control”, “directly”, “indirectly” and “third person” have the same meaning as in section 231 of the Employment Rights Act 1996(1).

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