UK Act of Parliament 2022 United Kingdom

Subsidy Control Act 2022

What this means for your business

2 obligations
3 guides
Enforced by
IPO, OPSS, ECJU
Applies to
United Kingdom
On this page
2 compliance obligations, 3 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

2 compliance obligations under this legislation.

Record keeping 2

Confirm assistance amount and keep records of minimal financial aid

If a public authority offers your business a small subsidy, you must first confirm in writing that you will not exceed the amount stated. After you receive the aid you must keep a written record of the payment, the date and the gross value for at least three years.

Any Person s.37 IPO When you receive (or would receive) minimal financial assistance from a public …

Confirm subsidy amount and keep record of SPEI assistance

If a public authority offers your business SPEI assistance, you must first send them a written confirmation that you will not exceed the amount they propose. You also need to keep a written record of the assistance you receive – the date and the gross value – and retain that record for at least three years.

Any Person s.39 IPO When your business is offered (or would receive) SPEI assistance by a …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

95 classified provisions from this legislation.

Duties 8

  • s.12 Application of the subsidy control principles
  • s.13 Application of the energy and environment principles
  • s.32 Subsidy database The Secretary of State
  • s.37 Section 36: procedural requirements The enterprise
  • s.39 Section 38: procedural requirements The enterprise
  • s.66 CMA annual report
  • s.68 Subsidy Advice Unit
  • s.76 Duty to provide pre-action information

Powers 22

  • s.16 Export performance
  • s.24 Meaning of “ailing or insolvent”
  • s.34 Information to be included in the subsidy database
  • s.42 Chapter 2: supplementary and interpretative provision
  • s.52 Mandatory referral to CMA
  • s.53 CMA reporting period for mandatory referral
  • s.54 Cooling off period following mandatory referral
  • s.55 Call-in direction
  • s.56 Voluntary referral to CMA
  • s.57 CMA reporting period for voluntary referral
  • s.59 CMA report following mandatory or voluntary referral
  • s.60 Post-award referrals
  • s.61 CMA reporting period for post-award referrals
  • s.62 CMA report following post-award referral
  • s.67 Information-gathering powers
  • s.72 CAT powers on review: England and Wales and Northern Ireland
  • s.74 Recovery orders
  • s.77 Misuse of subsidies
  • s.79 Guidance
  • s.80 Disclosure of information
  • ... and 2 more powers

Definitions 23

  • s.1 Overview and application of Act legislation
  • s.2 “Subsidy”
  • s.4 Financial assistance which is specific
  • s.5 Section 2: modification for air carriers
  • s.6 “Public authority”
  • s.7 “Enterprise”
  • s.8 Persons under common control
  • s.10 Subsidy schemes and streamlined subsidy schemes
  • s.11 Subsidies and schemes of interest or particular interest
  • s.25 Meaning of “deposit taker”
  • s.26 Meaning of “insurance company”
  • s.27 Subsidies for insurers that provide export credit insurance
  • s.29 Services of public economic interest
  • s.31 Subsidies or schemes subject to mandatory referral
  • s.35 Introductory
  • s.36 Minimal financial assistance
  • s.38 Services of public economic interest assistance
  • s.44 National or global economic emergencies
  • s.47 Financial stability
  • s.70 Review of subsidy decisions
  • ... and 3 more definitions

Exemptions 19

  • s.17 Use of domestic goods or services
  • s.18 Relocation of activities
  • s.19 Rescuing
  • s.20 Restructuring
  • s.30 Effect of prohibitions etc in relation to subsidy schemes
  • s.33 Duty to include information in the subsidy database
  • s.41 Exemption for certain subsidies given to SPEI enterprises
  • s.43 Natural disasters and other exceptional circumstances
  • s.45 National security
  • s.46 Bank of England monetary policy
  • s.49 Tax measures
  • s.50 Large cross-border or international cooperation projects
  • s.51 Nuclear energy
  • s.63 Referrals in relation to subsidy schemes
  • s.64 Other exemptions
  • s.69 References to subsidy control groups
  • s.71 Time limits for applications under section 70
  • s.81 Modifications to subsidies and schemes
  • s.87 Regulations