Legislation – Subsidy Control Act 2022
PART 2Subsidy control requirements
CHAPTER 2Prohibitions and other requirements
Subsidies or schemes subject to mandatory referral
31Subsidies or schemes subject to mandatory referral
(1)
A subsidy, or subsidy scheme, in respect of which a public authority must request a report from the CMA under section 52(1), is prohibited if—
(a)
a mandatory referral request has not been submitted in relation to it,
(b)
a mandatory referral request has been submitted, but the CMA has given a notice under section 53(1)(b) that the request does not comply with the requirements under section 52,
(c)
a mandatory referral request has been submitted, the CMA report has not been published but the reporting period has not expired, or
(d)
a mandatory referral request has been submitted, the CMA report has been published but the cooling off period has not expired.
(2)
References in subsection (1) to publication of the CMA report are references to the report required under section 53 to be published by the CMA in response to a mandatory referral request.
(3)
In subsection (1)—
“cooling off period” has the meaning given by section 54(2);
“mandatory referral request” means a request made under section 52;
“reporting period” has the meaning given by section 53(3).