The Digital Markets, Competition and Consumers Act 2024 and Consumer Rights Act 2015 (Turnover and Control) Regulations 2024
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Change 1
4 Determination of control of a person for the purposes of section 204 of the 2024 Act (determination of turnover for the purposes of Part 3: monetary penalties)
(1) This regulation applies for the purposes of determining when a person is to be treated as controlled by another person for the purposes of section 204(1)(b) and (c) of the 2024 Act (determination of turnover for the purposes of Part 3: monetary penalties). (2) A person is to be treated as controlled by another person (“A”) when— (a) the person is a body corporate in which A has a controlling interest, (b) the person is a body corporate, and A is able to control directly or indirectly, or materially influence, the policy of that body corporate without having a controlling interest in that body corporate, (c) the person is a partnership or an unincorporated association or body, and A (whether or not A is a member of that partnership, association or body) is able to control directly or indirectly, or materially influence, the policy of that partnership, association or body, or (d) the person is a sole trader, and A is able to control directly or indirectly, or materially influence, the policy of that sole trader in carrying on the activities of their business. (3) For the purposes of paragraph (2)(a), A has a controlling interest in a body corporate if A— (a) is a parent undertaking of that body corporate within the meaning of section 1162 of the Companies Act 2006 (parent and subsidiary undertakings), or (b) would be a parent undertaking of that body corporate within the meaning of that section if A were an undertaking within the meaning of section 1161 of that Act (meaning of “undertaking” and related expressions), and the reference in paragraph (2)(b) to A not having a controlling interest is to be construed accordingly. (4) For the purposes of paragraph (3), subsections (2)(c) and (4)(a) of section 1162 of the Companies Act 2006 are to be disregarded. (5) For the purposes of paragraph (2)(b), (c) and (d), the court or, as the case may be, the CMA may determine whether A is able to control directly or indirectly, or materially influence, the policy of a body corporate, a partnership or an unincorporated association or body, or the policy of a sole trader in carrying on the activities of their business. (6) References in this regulation to a body corporate include a body incorporated outside the United Kingdom; and references to a partnership or an unincorporated association or body include a partnership or unincorporated association or body formed or established, or having any members incorporated, formed or established, outside the United Kingdom.
4 Determination of control of a person for the purposes of section 204 of the 2024 Act (determination of turnover for the purposes of Part 3: monetary penalties)
(1) This regulation applies for the purposes of determining when a person is to be treated as controlled by another person for the purposes of section 204(1)(b) and (c) of the 2024 Act (determination of turnover for the purposes of Part 3: monetary penalties). (2) A person is to be treated as controlled by another person (“A”) when— (a) the person is a body corporate in which A has a controlling interest, (b) the person is a body corporate, and A is able to control directly or indirectly, or materially influence, the policy of that body corporate without having a controlling interest in that body corporate, (c) the person is a partnership or an unincorporated association or body, and A (whether or not A is a member of that partnership, association or body) is able to control directly or indirectly, or materially influence, the policy of that partnership, association or body, or (d) the person is a sole trader, and A is able to control directly or indirectly, or materially influence, the policy of that sole trader in carrying on the activities of their business. (3) For the purposes of paragraph (2)(a), A has a controlling interest in a body corporate if A— (a) is a parent undertaking of that body corporate within the meaning of section 1162 of the Companies Act 2006 (parent and subsidiary undertakings), or (b) would be a parent undertaking of that body corporate within the meaning of that section if A were an undertaking within the meaning of section 1161 of that Act (meaning of “undertaking” and related expressions), and the reference in paragraph (2)(b) to A not having a controlling interest is to be construed accordingly. (4) For the purposes of paragraph (3), subsections (2)(c) and (4)(a) of section 1162 of the Companies Act 2006 are to be disregarded. (5) For the purposes of paragraph (2)(b), (c) and (d), the court or, as the case may be, the CMA may determine whether A is able to control directly or indirectly, or materially influence, the policy of a body corporate, a partnership or an unincorporated association or body, or the policy of a sole trader in carrying on the activities of their business. (6) References in this regulation to a body corporate include a body incorporated outside the United Kingdom; and references to a partnership or an unincorporated association or body include a partnership or unincorporated association or body formed or established, or having any members incorporated, formed or established, outside the United Kingdom.
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