Associated person meaning

In this issue: Service charges Enfranchisement and right to manage Enforcing security and property insolvency Repairing obligations and dilapidations Disputes and remedies Property Disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Latest Q&As Service charges Insurance commission as service charge (Octagon Overseas v Cantlay) In Octagon Overseas v Cantlay [2024] All ER (D) 03 (Apr), [2024] UKUT 72 (LC), the Upper Tribunal (Lands Chamber) (UT) allowed the appellant landlords’ appeal against the First-tier Tribunal (Property Chamber) (FTT) concerning insurance commissions and fees received by the landlords (or their agents) in their capacity as estate landlords. The UT noted that the FTT had concluded the respondent leaseholders contributed £1,517,372 towards fees paid to the associated company, WMS, between 2010 and 2020, and was satisfied the landlords had not established entitlement to any sum...

'Failure to prevent fraud' offence RSA has urged the sector to ready itself for the ‘failure to prevent fraud’ offence, which will take effect on 1 September 2025. This provision sits within the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). It addresses fraud carried out by an ‘associated person’ to benefit a company, exposing that company to prosecution...

Corporate criminal liability expands: Failure to prevent fraud The most significant shift in corporate crime in recent years is the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which has reshaped the doctrine of corporate criminal liability. In September 2025, the new offence of failure to prevent fraud was enacted. Under this offence, an organisation can be criminally liable where an employee, agent, or other ‘associated person’ commits fraud intending to benefit the organisation, and the organisation lacks reasonable fraud prevention procedures... The offence applies only to large organisations across all sectors that meet two of the following: more than 250 employees more than £36m turnover more than £18m in total assets ECCTA 2023 defines ‘associated person’ broadly. It can include an employee, agent, subsidiary, or anyone providing services to the organisation. For the offence to bite, the organisation must benefit from the fraud. ‘Benefit’ is construed very widely—an intention to benefit is enough, even if no actual benefit...

This Practice Note This Practice Note reviews employment law matters that can emerge in connection with volunteers and voluntary workers engaged in voluntary or charitable activity. It covers how volunteers are recruited (notably criminal record vetting and immigration considerations), arrangements made with volunteers, the national minimum wage, equality and banned conduct, data protection, and health and safety. In broad terms, a person is regarded as a volunteer where they are free from any duty to work but choose to carry out tasks without remuneration. In the absence of consideration, no binding contract can exist (whether of employment or worker status). That said, volunteers may have out-of-pocket expenses properly repaid without jeopardising their volunteer status. A volunteer may generally arrive and leave at their own discretion. Because volunteer positions are frequently loosely defined, if any form of consideration is identified, the role performed by the individual for the organisation may in fact amount to that of a ‘worker’ or an ‘employee’, thereby conferring statutory employment protections. In February 2026, the...

Practice Note This Practice Note sets out a high-level summary of the principal legislation and processes for placing looked after children with a connected person acting as a foster carer. It explains: who qualifies as a connected person; the steps for arranging a placement with a connected person; the assessment route for approving a connected person as a foster carer, including interim approval; the approach to reviewing any approval; and frequent mistakes when carrying out assessments. Please note, the material here reflects the current position in England. In Wales, this field is governed by the Social Services and Well-being (Wales) Act 2014 and associated statutory instruments. For more detail on children’s social care in Wales, consult the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales and Local authority duties to children in Wales—child protection...

This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice (CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life...

The Schedule 1 Definitions 1.1 In this Schedule: Adequate Procedures – must be interpreted in line with BA 2010 and any guidance issued under it; Associated Person – means any or all of: (a) the officers, employees, agents, subcontractors, subsidiaries, and individuals Associated With a party (Associates); and (b) persons Associated With any of those Associates, in every instance engaged in carrying out services for, or on behalf of, that party, the Services, and/or this Agreement; and Associated With – where used: (a) in paragraph 2 and in relation to bribery, is to be construed in accordance with BA 2010 and guidance issued under it; (b) in paragraph 4 and regarding the facilitation of tax evasion, is to be construed in accordance with Part 3 of CFA 2017 and guidance issued under it; (c) in paragraph 5 and as regards fraud, is to be construed in accordance with Part 5 of ECCTA 2023 and guidance issued under it; BA 2010 – means the...

1 Definitions and interpretation 1.1 Within these Conditions, the terms below shall have the following meanings: Adequate Procedures – to be interpreted in accordance with BA 2010 and the guidance issued under it; Affiliate – any entity that, directly or indirectly, Controls, is Controlled by, or is under common Control with, another entity; Applicable Law – all applicable laws, legislation, statutory instruments, regulations, and governmental guidance having binding effect, whether local or national [ or international in any relevant jurisdiction ]; Associated Person – means any or all of: (a) a party’s officers, employees, agents, subcontractors, subsidiaries, and persons Associated With that party (the Associates); and (b) persons Associated With any of the Associates, in each case engaged in performing services for or on behalf of that party, the Services and/or the Contract; Associated With – when used: (a) in clause 10 and in respect of bribery, shall be read in accordance with BA 2010 and the guidance published under it; (b)...

[ Insert date ] [ Insert ] Employment Tribunal [ insert address ] To the [ insert ] Employment Tribunal [ Insert case name ] Case No: [ Insert case number ] Application under Rule 74 We hereby apply under Rule 74 for the [ Claimant OR Respondent ]’s costs in relation to the judgment issued to the parties on [ insert date ]. [ We ask that a hearing be listed to consider the particulars of this application. OR We ask that this application is decided solely on written representations to avoid the parties attending a hearing and incurring further associated costs. ] Grounds for application We seek an order for costs on the basis that: [ insert applicable grounds under Rule 74 ] EXAMPLE 1 The Respondent behaved unreasonably in the conduct of part of the proceedings, namely by disputing that the Claimant was a disabled person for the purposes of section 6 of the...

This Q&A Assumes that the protection cited in this query concerns the safeguard granted by paragraph 2 of Schedule 8 to the Building Safety Act 2022 (BSA 2022). The BSA 2022, Sch 8 makes provision for the payment or otherwise of certain service charge amounts connected to relevant defects in relevant buildings, as set out. In particular, BSA 2022, Sch 8, para 2 states that no service charge is payable under a lease of any premises in a relevant building in respect of any relevant measure relating to a relevant defect where a relevant landlord is responsible for the relevant defect, or is associated with the person responsible for the relevant defect. If it is established that BSA 2022, Sch 8, para 2 applies, no service charge is payable in respect of ‘relevant measures’...

Section 7 of the Bribery Act 2010 (BA 2010) provides: (1) A relevant commercial organisation (“C”) is guilty of an offence under this section if a person (“A”) associated with C offers a bribe to another person with the intention of: (a) securing or retaining business for C; or (b) securing or retaining an advantage in the conduct of C’s business. (2) However, it is a defence for C to prove that it had in place adequate procedures devised to prevent persons associated with C from carrying out such conduct. BA 2010, s 8 defines an associated person: (1) For the purposes of section 7, a person (“A”) is associated with C if (disregarding any bribe under consideration) A is a person who performs services for or on behalf of C. (2) The capacity in which A performs services for or on behalf of C does not matter. (3) Accordingly A may (for example) be C’s...

This response considers whether there is a fixed period that a relationship needs to have lasted in order to fall within the definition of a relationship of ‘significant duration’ under section 62(3) of the Family Law Act 1996 (FLA 1996). A court may issue a non-molestation order under FLA 1996, s 42 where an application is brought by a person ‘associated with the respondent’. Equally, in any family proceedings to which the respondent is a party, the court can decide that such an order should be made for the benefit of any other party to the case or any relevant child, despite no application having been submitted (FLA 1996, s 42(2)). For more detailed guidance, see Practice Note: Non-molestation orders. The phrase ‘associated persons’ is defined in FLA 1996, s 62(3)...