Legislation – Subsidy Control Act 2022
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PART 4CMA: referrals and functions
CHAPTER 1Functions on referrals of subsidies and schemes
Mandatory referrals
52Mandatory referral to CMA
(1)
A public authority must request a report from the CMA—
(a)
before giving a subsidy, or making a subsidy scheme, of particular interest, or
(b)
where directed to do so by the Secretary of State under section 55.
(2)
The request must—
(a)
include the information in relation to the subsidy or subsidy scheme that would be required under section 34, if the subsidy or scheme were to be given or made,
(b)
provide such other information as is specified in regulations under subsection (3)(a),
(c)
explain, in the case of a request under subsection (1)(a), why the public authority considers that the subsidy or subsidy scheme would meet the criteria for being a subsidy, or subsidy scheme, of particular interest,
(d)
include an assessment by the public authority 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, and
(e)
include any evidence relevant to that assessment.
(3)
The Secretary of State may by regulations—
(a)
specify further information that must be included in a request under this section;
(b)
make provision as to the form of a request under this section.
(4)
Regulations under subsection (3)(a) and (b) are subject to the negative procedure.