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Webinar recording – Subsidy schemes

01 April 2025

The webinar delved into the UK’s Subsidy Control regime, primarily based on the Subsidy Control Act 2022. It covered the "challenge regime," where subsidy awards could be contested by interested parties, including competitors and the Secretary of State.

Public authorities were made aware of the potential for judicial reviews of funding decisions and the importance of ensuring compliance through robust audit trails. Since January 4, 2023, Subsidies of Particular Interest (SoPI) required a referral to the CMA and an advisory report before being awarded. These referrals were time-consuming and could involve public scrutiny.

The standard threshold for a SoPI was £10 million, with a cumulation point at £1 million and other lower thresholds. The Act exempted individual awards under legacy subsidy schemes, such as the Levelling Up Fund subsidy scheme of December 2022.

The webinar also discussed Subsidy Schemes of Particular Interest, which required CMA referral, though individual awards under these schemes did not. Subsidy Schemes were frameworks established by public authorities that outlined the terms and conditions for subsequent subsidy awards.

Key topics included:

  • The number of schemes and subsidies recorded on the National Transparency Database.
  • The referral of subsidy schemes to the CMA.
  • Scheme conditions, principles assessment, prohibited category checks, and scheme documentation.
  • Common mistakes in setting up and operating subsidy schemes.
Participants gained insights into the statutory guidance and essential elements of a subsidy scheme, including its name, purpose, budget, conditions, form, calculation, and duration.

Watch the recording 

 

Further Reading