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