PART 1Overview and key interpretation
“Enterprise”
I17“Enterprise”
1
a
a person who is engaged in an economic activity that entails offering goods or services on a market, to the extent that the person is engaged in such an activity, or
b
a group of persons under common ownership or common control which is engaged in an economic activity that entails offering goods or services on a market, to the extent that the group is engaged in such an activity.
2
For the purposes of this section, an activity is not to be regarded as an economic activity if or to the extent that it is carried out for a purpose that is not economic.
3
For the purposes of this section, a person or group of persons is not to be regarded as an enterprise by virtue only of being a shareholder or shareholders in a body corporate which is to any extent an enterprise.
4
In this section, “person” includes a body corporate, a partnership and an unincorporated association.
5
For further provision relevant to the interpretation of this section, see section 8 (persons under common control).
I28Persons under common control
1
For the purposes of section 7, a group of persons is to be treated as being under common control if the group—
a
is a group of interconnected bodies corporate,
b
consists of bodies corporate of which one and the same person or group of persons has control, or
c
consists of one or more bodies corporate and a person who, or a group of persons which, has control of that or those bodies corporate.
2
A person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body corporate as regards carrying on an economic activity that entails offering goods or services on a market is to be treated as having control of that body corporate for the purposes of subsection (1)(b) and (c), even if the person or group of persons does not have a controlling interest in that body.
3
For the purposes of this section, “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other.
4
For the purposes of this section, any two bodies corporate are interconnected if—
a
one of them is a body corporate of which the other is a subsidiary, or
b
both of them are subsidiaries of one and the same body corporate;
and “interconnected bodies corporate” is to be construed accordingly.
5
In this section—
“person” includes a body corporate, a partnership and an unincorporated association;
“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.