Foreign Employee Dormitories (Prescribed Associates) Regulations 2022

an individual (B) is an associate of A —

if B is a relative, or spouse of a relative, of A or A’s spouse;

if B is in partnership with A;

if A is the relative of any other person with whom B is in partnership, or B is the relative of any other person with whom A is in partnership; or

if B has control over A; and

an entity (C) is an associate of A if A is or was a company director, managing director, chief executive officer, manager, partner or sole proprietor of C.

“relative” has the meaning given by section 2(1) of the Act;

any reference to a spouse includes a former spouse;

for the purpose of paragraph (1)(a)(iv), B is taken to have control over A if A is accustomed to act in accordance with B’s directions or instructions; and

“entity” means any sole proprietorship, partnership or body corporate, with or without limited liability.

an individual (E) is an associate of D —

if E has control over D or if E and persons who are E’s associates together have control over D;

if E has a significant interest in D or if E and persons who are E’s associates together have a significant interest in D; or

if E is or was a company director, managing director, chief executive officer or manager of D or D’s subsidiary or holding company; and

a body corporate (F) is an associate of D —

if F has control over D or if F and persons who are F’s associates together have control over D;

if F has a significant interest in D or if F and persons who are F’s associates together have a significant interest in D; or

if F is a subsidiary of D or if F is the holding company of D.

the directors of D or of another body corporate which has control of D (or any of the directors) are accustomed to act in accordance with E or F’s directions or instructions, as the case may be;

E or F (as the case may be) holds the right, directly or indirectly, to appoint or remove the directors or equivalent persons of D who hold a majority of the voting rights at meetings of the directors or equivalent persons on all or substantially all matters; or

E or F (as the case may be) is entitled to exercise, or control the exercise of, 25% or more of the voting power at any general meeting of D or of another body corporate which has control of D,and where 2 or more persons together satisfy sub‑paragraph (a), (b) or (c), they are taken to have control of D.

where D is a body corporate having a share capital —

E or F (as the case may be) has an interest in more than 25% of the shares in D; or

E or F has an interest in one or more voting shares in D, and the total votes attached to that share, or those shares, is more than 25% of the total voting power in D,and where 2 or more persons together satisfy sub‑paragraph (i) or (ii), they are taken to have a significant interest in D; and

where D is a body corporate that does not have a share capital, E or F (as the case may be) holds, whether directly or indirectly, a right to share in more than 25% of the capital, or more than 25% of the profits, of D.