The Operation of Air Services in the Community (Pricing etc.) Regulations 2013

Bodies corporate: accessories U.K.

16.—(1) This regulation applies if the person whose conduct constitutes an infringement of Article 23 is a body corporate.

(2) If the conduct takes place with the consent or connivance of a person (an accessory) who has a special relationship with the body corporate, the consent or connivance is also conduct which constitutes the infringement.

(3) A person has a special relationship with a body corporate if that person is—

(a) a controller of the body corporate, or

(b) a director, manager, secretary or other similar officer of the body corporate or a person purporting to act in such a capacity.

(4) A person is a controller of a body corporate if—

(a) the directors of the body corporate or of another body corporate which is its controller are accustomed to act in accordance with the person’s directions or instructions, or

(b) either alone or with an associate or associates the person is entitled to exercise or control the exercise of one third or more of the voting power at any general meeting of the body corporate or of another body corporate which is its controller.

(5) An enforcement order or an interim enforcement order may be made against an accessory in respect of an infringement whether or not such an order is made against the body corporate.

(6) The court may accept an undertaking under regulations 12(8), 12(9) or 13(10) from an accessory in respect of an infringement whether or not it accepts such an undertaking from the body corporate.

(7) An enforcer may accept an undertaking under regulation 14 from an accessory in respect of an infringement whether or not it accepts such an undertaking from the body corporate.

(8) Paragraph (9) applies if—

(a) an order is made as mentioned in paragraph (5), or

(b) an undertaking is accepted as mentioned in paragraph (6) or (7).

(9) In such a case, for regulation 12(5), regulation 13(3) or regulation 14(4) (as the case may be) there is substituted the following paragraph—

“( ) A person complies with this paragraph if the person—

(a) does not continue to consent to or connive in the carrying out of such conduct by a body corporate with which that person has a special relationship (within the meaning of regulation 16(3)), renew such consent or repeat such connivance;

(b) does not in the course of that person’s business or another business engage in conduct such as that which constitutes the infringement committed by the body corporate mentioned in regulation 16(1);

(c) does not consent to or connive in the carrying out of such conduct by another body corporate with which the person has a special relationship (within the meaning of regulation 16(3)).”

(10) A person is an associate of an individual if that person—

(a) is the spouse or civil partner of the individual;

(b) is a relative of the individual;

(c) is a relative of the individual’s spouse or civil partner;

(d) is the spouse or civil partner of a relative of the individual;

(e) is the spouse or civil partner of a relative of the individual’s spouse or civil partner;

(f) lives in the same household as the individual otherwise than merely because that person or the individual is the other’s employer, tenant, lodger or boarder;

(g) is a relative or a person who is an associate of the individual by virtue of sub-paragraph(f);

(h) has at some time in the past fallen within any of sub-paragraphs (a) to (g).

(11) A person is also an associate of—

(a) an individual with whom that person is in partnership;

(b) an individual who is an associate of the individual mentioned in sub-paragraph (a);

(c) a body corporate if that person is a controller of it or is an associate of a person who is a controller of the body corporate.

(12) A body corporate is an associate of another body corporate if—

(a) the same person is a controller of both;

(b) a person is a controller of one and persons who are that person’s associates are controllers of the other;

(c) a person is a controller of one and that person and persons who are that person’s associates are controllers of the other;

(d) a group of two or more persons is a controller of each body corporate and the groups consist of the same person;

(e) a group of two or more persons is a controller of each body corporate and the groups may 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 the person is an associate.

(13) A relative is a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.

Commencement Information

I1 Reg. 16 in force at 6.4.2013, see reg. 1