| Guvnor

Enforced by: CMA
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Overview and key interpretation

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.001 Overview and application of Act

s.002 “Subsidy”

s.003 Financial assistance which confers an economic advantage

s.004 Financial assistance which is specific

s.005 Section 2: modification for air carriers

s.006 “Public authority”

s.007 “Enterprise”

s.008 Persons under common control

s.009 The subsidy control principles and the energy and environment principles

s.010 Subsidy schemes and streamlined subsidy schemes

s.011 Subsidies and schemes of interest or particular interest

Part 2

Subsidy control requirements

4 of 23 sections shown

s.012 Application of the subsidy control principles Regulated

Other duties (1) — Crown / regulator

Public authorities must verify subsidies meet control principlesCrown / Minister / Government department

s.013 Application of the energy and environment principles Regulated

Other duties (1) — Crown / regulator

Public authorities must verify energy and environment subsidies meet principlesCrown / Minister / Government department

s.032 Subsidy database Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain a public subsidy databaseCrown / Minister / Government department

s.033 Duty to include information in the subsidy database Regulated

Other duties (1) — Crown / regulator

Public authorities must upload subsidy details to the national databaseLocal authority

19 other sections in this Part — procedural and definitional

s.014 Introductory

s.015 Unlimited guarantees

s.016 Export performance

s.017 Use of domestic goods or services

s.018 Relocation of activities

s.019 Rescuing

s.020 Restructuring

s.021 Restructuring deposit takers or insurance companies

s.022 Liquidating deposit takers or insurance companies

s.023 Liquidity provision for deposit takers or insurance companies

s.024 Meaning of “ailing or insolvent”

s.025 Meaning of “deposit taker”

s.026 Meaning of “insurance company”

s.027 Subsidies for insurers that provide export credit insurance

s.028 Subsidies for air carriers for the operation of routes

s.029 Services of public economic interest

s.030 Effect of prohibitions etc in relation to subsidy schemes

s.031 Subsidies or schemes subject to mandatory referral

s.034 Information to be included in the subsidy database

Part 3

Exemptions

2 of 17 sections shown

s.037 Section 36: procedural requirements Regulated

Keep records of minimal financial assistance (subsidies) receivedAny Person

s.039 Section 38: procedural requirements Regulated

Keep records of SPEI financial assistance for three yearsAny Person

15 other sections in this Part — procedural and definitional

s.035 Introductory

s.036 Minimal financial assistance

s.038 Services of public economic interest assistance

s.040 Mergers and acquisitions

s.041 Exemption for certain subsidies given to SPEI enterprises

s.042 Chapter 2: supplementary and interpretative provision

s.043 Natural disasters and other exceptional circumstances

s.044 National or global economic emergencies

s.045 National security

s.046 Bank of England monetary policy

s.047 Financial stability

s.048 Legacy and withdrawal agreement subsidies

s.049 Tax measures

s.050 Large cross-border or international cooperation projects

s.051 Nuclear energy

Part 4

CMA: referrals and functions

2 of 18 sections shown

s.066 CMA annual report Regulated

Other duties (1) — Crown / regulator

CMA must publish annual report detailing subsidy reviewsStatutory regulator

s.068 Subsidy Advice Unit Regulated

Other duties (1) — Crown / regulator

CMA must establish the Subsidy Advice UnitStatutory regulator

16 other sections in this Part — procedural and definitional

s.052 Mandatory referral to CMA

s.053 CMA reporting period for mandatory referral

s.054 Cooling off period following mandatory referral

s.055 Call-in direction

s.056 Voluntary referral to CMA

s.057 CMA reporting period for voluntary referral

s.058 Call-in direction following voluntary referral

s.059 CMA report following mandatory or voluntary referral

s.060 Post-award referrals

s.061 CMA reporting period for post-award referrals

s.062 CMA report following post-award referral

s.063 Referrals in relation to subsidy schemes

s.064 Other exemptions

s.065 Monitoring and reporting on subsidy control

s.067 Information-gathering powers

s.069 References to subsidy control groups

Part 5

Enforcement

1 of 8 sections shown

s.076 Duty to provide pre-action information Regulated

Other duties (1) — Crown / regulator

Public authorities must provide information about subsidies upon requestLocal authority

7 other sections in this Part — procedural and definitional

s.070 Review of subsidy decisions

s.071 Time limits for applications under section 70

s.072 CAT powers on review: England and Wales and Northern Ireland

s.073 CAT powers on review: Scotland

s.074 Recovery orders

s.075 Appeals against decisions of the CAT

s.077 Misuse of subsidies

Part 6

Miscellaneous and general

0 of 15 sections shown

15 other sections in this Part — procedural and definitional

s.078 Subsidies and schemes in primary legislation

s.079 Guidance

s.080 Disclosure of information

s.081 Modifications to subsidies and schemes

s.082 Gross cash and gross cash equivalent amount of financial assistance

s.083 Minor amendment to the Financial Services Act 2021

s.084 Financial provision

s.085 Crown application

s.086 Power to make consequential provision

s.087 Regulations

s.088 Directions

s.089 Interpretation

s.090 Extent

s.091 Commencement

s.092 Short title

Schedules

0 of 31 shown

31 other schedules

s.001 The subsidy control principles

s.sch001 Common interest

s.sch001 Proportionate and necessary

s.sch001 Design to change economic behaviour of beneficiary

s.sch001 Costs that would be funded anyway

s.sch001 Least distortive means of achieving policy objective

s.sch001 Competition and investment within the United Kingdom

s.sch001 Beneficial effects to outweigh negative effects

s.sch002 The energy and environment principles

s.sch002 Aim of subsidies in relation to energy and environment

s.sch002 Subsidies not to relieve beneficiary from liabilities as a polluter

s.sch002 Subsidies for electricity generation adequacy, renewable energy or cogeneration

s.sch002 Subsidies for electricity generation adequacy may be limited to installations...

s.sch002 Subsidies for renewable energy or cogeneration shall not affect beneficiaries’...

s.sch002 Subsidies in the form of partial exemptions from energy-related taxes and levies

s.sch002 Subsidies in the form of compensation for increases in electricity costs

s.sch002 Subsidies for the decarbonisation of emissions linked to industrial activities

s.sch002 Subsidies for improvements of the energy efficiency of industrial activities

s.sch003 Subsidies provided by primary legislation

s.sch003 Introductory

s.sch003 Recovery orders

s.sch003 Pre-action information

s.sch003 Time limits

s.sch003 (1) In this Schedule— “appropriate authority” means— in relation to...

s.sch003 (1) The definition of “subsidy” in section 2 applies for...

s.sch003 In this Schedule references to a subsidy provided by means...

s.sch003 In this Schedule— (a) references to a subsidy provided by...

s.sch003 Application of principles

s.sch003 Prohibitions etc and exemptions

s.sch003 Transparency

s.sch003 CMA referrals

Help complying

Guvnor’s practical routes through this instrument.

Starting farming: complete compliance journey

New farmers: everything you need to register, comply, and access funding - from CPH numbers to environmental schemes. Follow this step-by-step journey …

Start a tech business

Launch a software, digital services, or technology startup

Grow your construction business

Scale your construction business - win public contracts, build your workforce, achieve accreditations, and manage subcontractors at scale

Grow your retail business

Scale your retail business - expand online, open new locations, build your team, and manage increased compliance as you grow

Grow your tech business

Scale your tech business - funding, international expansion, investment, and preparing for exit

Diversify your farm business

Explore farm diversification opportunities - farm shops, holiday accommodation, renewable energy, equestrian facilities, event spaces, and rural business units

4 more guides that reference this instrument

Access farming grants and capital funding Apply for innovation funding Business funding and grants Finding government grants

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Subsidy Control Act 2022

Does it bind you?

Other Acts binding the same actors

What it requires

Overview and key interpretation

Subsidy control requirements

Exemptions

CMA: referrals and functions

Enforcement

Miscellaneous and general

Schedules

Help complying

Starting farming: complete compliance journey

Start a tech business

Grow your construction business

Grow your retail business

Grow your tech business

Diversify your farm business