- (a) in the case referred to in section 3(2)(a) of this Schedule, one or more of the undertakings participating in the merger holds a carrier licence or, directly or indirectly, controls an undertaking that holds a carrier licence;
- (b) in the case referred to in section 3(2)(b) of this Schedule, the undertaking or the person or persons acquiring control or the undertaking in which control is acquired holds a carrier licence or, directly or indirectly, controls an undertaking that holds a carrier licence; and
- (c) in the case referred to in section 3(2)(c) of this Schedule—
- (i) the acquiring undertaking or the acquired undertaking holds a carrier licence or, directly or indirectly, controls an undertaking that holds a carrier licence; and
- (ii) the relevant business conducted by the acquired undertaking immediately before the acquisition was conducted under a carrier licence.
5. Control
(1) For the purposes of this Schedule, control, in relation to an undertaking, is to be regarded as existing if, by reason of rights, contracts or any other means, or any combination of rights, contracts or other means, decisive influence is capable of being exercised with regard to the activities of the undertaking and, in particular, by—
- (a) ownership of, or the right to use all or part of, the assets of an undertaking; or
- (b) rights or contracts which enable decisive influence to be exercised with regard to the composition, voting or decisions of any governing body of an undertaking.
(2) For the purposes of this Schedule, control is acquired by any person or other undertaking if the person or undertaking—
- (a) becomes a holder of the rights or contracts, or entitled to use the other means, referred to in subsection (1); or
- (b) although not becoming such a holder or entitled to use those other means, acquires the power to exercise the rights derived from them.
(3) In determining whether influence of the kind referred to in subsection (1) is capable of being exercised, regard must be had to all the circumstances of the matter and not solely to the legal effect of any instrument, deed, transfer, assignment or other act done or made.
