Legislation – Subsidy Control Act 2022

that there has or may have been a failure to comply with the requirements of Chapters 1 and 2 of Part 2, or

that there is a risk of negative effects on competition or investment within the United Kingdom.

any assessment carried out by the public authority, before the subsidy was given or the scheme was made, as to whether the subsidy or scheme would comply with the requirements of Chapters 1 and 2 of Part 2, and the reasons for that conclusion,

any evidence relevant to that assessment,

in a case where such an assessment is not provided, the reasons for that,

any information that the public authority failed to enter in the subsidy database in accordance with Chapter 3 of Part 2, and

such other information as is specified in regulations under subsection (8)(a).

the day on which the entry in respect of the subsidy or scheme is entered into the subsidy database, or

the day on which the subsidy is given or the scheme is made, in the case of a subsidy or scheme to which section 41 applies.

must publish a referral made under subsection (1) in such manner as the Secretary of State considers appropriate, and

must send a copy of a direction given under subsection (3) to the public authority and the CMA.

specify further information that must be provided under subsection (3);

prescribe the form in which the information required under subsection (3) is to be provided;

amend the periods of time specified in subsections (4) and (7).

before the end of the reporting period, publish a report on the subsidy or subsidy scheme to which the referral relates, in such manner as the CMA considers appropriate, and

give a copy of the report to the public authority and the Secretary of State as soon as reasonably practicable after it is published.

the day on which the information required under section 60(3) is provided to the CMA by the public authority, and

the day after the information period in section 60(7) ends.

may only be made if the CMA considers that there are exceptional circumstances to justify an extension,

must include the reasons for seeking an extension, and

must be published, with those reasons, in such manner as the CMA considers appropriate.

may only be given if the Secretary of State is satisfied that there are exceptional circumstances to justify an extension,

may not be given in relation to a subsidy or subsidy scheme given or made by the Secretary of State, and

may not be given so as to provide for an extension which exceeds 40 working days beginning with the day on which the reporting period would otherwise end.

send a copy of a direction given under subsection (5) to the CMA and to the public authority, or

give notice to the CMA and the public authority that the request has been rejected and provide reasons for that decision.

amend subsection (1), (2), (3) or (4) to make provision about the content of the CMA’s report under section 61;

make provision as to the form of that report.