Legislation – Subsidy Control Act 2022
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There are currently no known outstanding effects for the Subsidy Control Act 2022, Section 10.
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PART 1Overview and key interpretation
Other key terms
10Subsidy schemes and streamlined subsidy schemes
(1)
In this Act, “subsidy scheme” means a scheme made by a public authority providing for the giving of subsidies under the scheme.
(2)
A subsidy scheme may be made—
(a)
by a public authority that is not a primary public authority only for the giving of subsidies by that public authority;
(b)
by a public authority that is a primary public authority for the giving of subsidies by other public authorities (in addition to the primary public authority so far as the scheme may provide).
(3)
In subsection (2), “primary public authority” means a public authority of any of the following descriptions—
(a)
a Minister of the Crown;
(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
a Northern Ireland department;
(e)
any other public authority which, in the exercise of its functions, makes a scheme for the giving of subsidies by other public authorities.
(4)
In this Act, “streamlined subsidy scheme” means a subsidy scheme which—
(a)
is made by a Minister of the Crown, and
(b)
specifies it is made for the purposes of this Act as a streamlined subsidy scheme.
(5)
A streamlined subsidy scheme must be laid before Parliament after it is made.
(6)
If a streamlined subsidy scheme is modified after it is laid, the scheme as modified must also be laid before Parliament.
(7)
If, within the 40-day period, either House of Parliament resolves not to approve the scheme, or the scheme as modified, then, with effect from the end of the day on which the resolution is passed, the scheme, or the scheme as modified, is to be treated as not having been made.
(8)
Nothing in subsection (7)—
(a)
affects any subsidies given under the scheme before the end of the day on which the resolution is passed, or
(b)
prevents a further scheme being laid before Parliament.
(9)
In this section, “the 40-day period” means—
(a)
if the scheme is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or
(b)
if the scheme is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.
(10)
In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.
(11)
A subsidy scheme or streamlined subsidy scheme may provide for the value of a subsidy to be determined by reference to its gross cash amount or the gross cash equivalent.