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The Gangmasters (Licensing Conditions) Rules 2009

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PART 1Interpretation

Meaning of connected person

1.—(1) For the purposes of this Schedule a person (“A”) is considered to be connected with—

(a)the members of A’s family;

(b)any individual who employs A or A’s employee;

(c)any person who is in partnership with A;

(d)any company of which A is an officer and any company connected with that company;

(e)in the case of a company—

(i)any person who is an officer of that company;

(ii)any subsidiary or holding company both as defined in section 1159 of the Companies Act 2006(1), of that company and any person who is an officer or an employee of any such subsidiary or holding company; and

(iii)any company of which the same person or persons have control; and

(f)in the case of a trustee of a trust, a beneficiary of the trust and any person to whom the terms of the trust confer a power that may be exercised for that person’s benefit.

(2) In sub-paragraph (1), the members of A’s family are—

(a)A’s spouse or civil partner;

(b)any other person (whether of a different sex or the same sex) with whom A lives as partner in an enduring family relationship;

(c)any child, step-child, parent, grandchild, grandparent, brother, sister, cousin, uncle or aunt of A;

(d)any child or step-child of a person within paragraph (b) (and who is not a child or step-child of A) who lives with A and has not attained the age of 18.

Meaning of employee

2.  In this Schedule, “employee” has the same meaning as in section 230(1) of the Employment Rights Act 1996(2).

Meaning of ‘work-finding services’

3.  In this Schedule, “work-finding services” means services (whether by the provision of information or otherwise) provided by a licence holder—

(a)to a person for the purpose of finding that person employment or seeking to find that person employment;

(b)to an employee of the licence holder for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;

(c)to a person (“B”) for the purpose of finding or seeking to find another person (“C”), with a view to B becoming employed by the licence holder and acting for and under the control of C.

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