Part XVIII Interpretation (ss 435-[436B)
Part XVIII Interpretation (ss 435-[436B)

435 Meaning of “associate”

(1)     For the purposes of this Act any question whether a person is an associate of another person is to be determined in accordance with the following provisions of this section (any provision that a person is an associate of another person being taken to mean that they are associates of each other).

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

(a)     the individual's husband or wife or civil partner,

(b)     a relative of—

(i)     the individual, or

(ii)     the individual's husband or wife or civil partner, or

(c)     the husband or wife or civil partner of a relative of—

(i)     the individual, or

(ii)     the individual's husband or wife or civil partner.]

(3)     A person is an associate of any person with whom he is in partnership, and of the husband or wife [or civil partner] or a relative of any individual with whom he is in partnership; and a Scottish firm is an associate of any person who is a member of the firm.

(4)     A person is an associate of any person whom he employs or by whom he is employed.

(5)     A person in his capacity as trustee of a trust other than—

(a)     a trust arising under any of the second Group of Parts or the Bankruptcy (Scotland) Act [2016], or

(b)     a pension scheme or an employees' share scheme . . .,