Subsidy Control Act 2022
2022 c. 23 · Enacted 28 April 2022 · Extends to United Kingdom
An Act to make provision regulating the giving of subsidies out of public resources; and for connected purposes.
[28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Overview and key interpretation
- Overview etc
- 1Overview and application of Act
- “Subsidy”
- 2“Subsidy”
- 3Financial assistance which confers an economic advantage
- 4Financial assistance which is specific
- 5Section 2: modification for air carriers
- “Public authority”
- 6“Public authority”
- “Enterprise”
- 7“Enterprise”
- 8Persons under common control
- Other key terms
- 9The subsidy control principles and the energy and environment principles
- 10Subsidy schemes and streamlined subsidy schemes
- 11Subsidies and schemes of interest or particular interest
- Part 2: Subsidy control requirements
- Chapter 1: Principles
- 12Application of the subsidy control principles
- 13Application of the energy and environment principles
- Chapter 2: Prohibitions and other requirements
- Introductory
- 14Introductory
- General prohibitions
- 15Unlimited guarantees
- 16Export performance
- 17Use of domestic goods or services
- 18Relocation of activities
- Ailing or insolvent enterprises
- 19Rescuing
- 20Restructuring
- 21Restructuring deposit takers or insurance companies
- 22Liquidating deposit takers or insurance companies
- 23Liquidity provision for deposit takers or insurance companies
- 24Meaning of “ailing or insolvent”
- 25Meaning of “deposit taker”
- 26Meaning of “insurance company”
- Other specific prohibitions and requirements
- 27Subsidies for insurers that provide export credit insurance
- 28Subsidies for air carriers for the operation of routes
- 29Services of public economic interest
- Subsidy schemes
- 30Effect of prohibitions etc in relation to subsidy schemes
- Subsidies or schemes subject to mandatory referral
- 31Subsidies or schemes subject to mandatory referral
- Chapter 3: Transparency
- 32Subsidy database
- 33Duty to include information in the subsidy database
- 34Information to be included in the subsidy database
- Part 3: Exemptions
- Chapter 1: Introductory
- 35Introductory
- Chapter 2: Minimal or SPEI financial assistance
- Minimal financial assistance
- 36Minimal financial assistance
- 37Section 36: procedural requirements
- Services of public economic interest assistance
- 38Services of public economic interest assistance
- 39Section 38: procedural requirements
- General
- 40Mergers and acquisitions
- 41Exemption for certain subsidies given to SPEI enterprises
- 42Chapter 2: supplementary and interpretative provision
- Chapter 3: Emergencies etc.
- 43Natural disasters and other exceptional circumstances
- 44National or global economic emergencies
- Chapter 4: Other miscellaneous exemptions
- 45National security
- 46Bank of England monetary policy
- 47Financial stability
- 48Legacy and withdrawal agreement subsidies
- 49Tax measures
- 50Large cross-border or international cooperation projects
- 51Nuclear energy
- Part 4: CMA: referrals and functions
- Chapter 1: Functions on referrals of subsidies and schemes
- Mandatory referrals
- 52Mandatory referral to CMA
- 53CMA reporting period for mandatory referral
- 54Cooling off period following mandatory referral
- 55Call-in direction
- Voluntary referrals
- 56Voluntary referral to CMA
- 57CMA reporting period for voluntary referral
- 58Call-in direction following voluntary referral
- Mandatory and voluntary referrals: contents of CMA report
- 59CMA report following mandatory or voluntary referral
- Post-award referrals
- 60Post-award referrals
- 61CMA reporting period for post-award referrals
- 62CMA report following post-award referral
- Exemptions
- 63Referrals in relation to subsidy schemes
- 64Other exemptions
- Chapter 2: General functions
- 65Monitoring and reporting on subsidy control
- 66CMA annual report
- 67Information-gathering powers
- Chapter 3: Subsidy Advice Unit
- 68Subsidy Advice Unit
- 69References to subsidy control groups
- Part 5: Enforcement
- Appeals to the Competition Appeal Tribunal
- 70Review of subsidy decisions
- 71Time limits for applications under section 70
- 72CAT powers on review: England and Wales and Northern Ireland
- 73CAT powers on review: Scotland
- 74Recovery orders
- 75Appeals against decisions of the CAT
- Pre-action information
- 76Duty to provide pre-action information
- Misuse
- 77Misuse of subsidies
- Part 6: Miscellaneous and general
- Chapter 1: Miscellaneous
- 78Subsidies and schemes in primary legislation
- 79Guidance
- 80Disclosure of information
- 81Modifications to subsidies and schemes
- 82Gross cash and gross cash equivalent amount of financial assistance
- 83Minor amendment to the Financial Services Act 2021
- Chapter 2: General
- 84Financial provision
- 85Crown application
- 86Power to make consequential provision
- 87Regulations
- 88Directions
- 89Interpretation
- 90Extent
- 91Commencement
- 92Short title
- Schedule 1: The subsidy control principles
- ACommon interest
- BProportionate and necessary
- CDesign to change economic behaviour of beneficiary
- DCosts that would be funded anyway
- ELeast distortive means of achieving policy objective
- FCompetition and investment within the United Kingdom
- GBeneficial effects to outweigh negative effects
- Schedule 2: The energy and environment principles
- AAim of subsidies in relation to energy and environment
- BSubsidies not to relieve beneficiary from liabilities as a polluter
- CSubsidies for electricity generation adequacy, renewable energy or cogeneration
- DSubsidies for electricity generation adequacy, renewable energy or cogeneration
- ESubsidies for electricity generation adequacy, renewable energy or cogeneration
- FSubsidies in the form of partial exemptions from energy-related taxes and levies
- GSubsidies in the form of compensation for increases in electricity costs
- HSubsidies for the decarbonisation of emissions linked to industrial activities
- ISubsidies for improvements of the energy efficiency of industrial activities
- Schedule 3: Subsidies provided by primary legislation
- 1Introductory
- 2Introductory
- 3Introductory
- 4Introductory
- 5Introductory
- 6Application of principles
- 7Prohibitions etc and exemptions
- 8Transparency
- 9CMA referrals
- 10Recovery orders
- 11Pre-action information
- 12Time limits