Statutory guidance

UK subsidy control regime: statutory guidance

This guidance explains public authorities’ legal obligations under the UK subsidy control regime.

• From: Department for Business and Trade
• Published: 11 November 2022
• Last updated: 18 December 2023 — See all updates

Documents

UK Subsidy Control Regime: statutory guidance

PDF, 1.74 MB, 260 pages

Details

This guidance provides a framework for designing and giving subsidies in a way that is consistent with the Subsidy Control Act 2022.

It is designed to help public authorities award subsidies in a way that minimises any negative impact on competition and investment, and to help ensure public money is used in an effective and efficient way.

Update in December 2023

This version of the statutory guidance includes several minor amendments as well as the following changes:

• the introduction of the ‘scheme document’, which is a record of a scheme’s terms and conditions that a public authority should prepare for internal purposes when designing a scheme (chapter 3)
• additional guidance on how to consider the subsidy control principles when making schemes (chapter 3)
• clarifications regarding permitted modifications to existing subsidies (chapter 9)
• further clarification of the definition of an ‘economic actor’ for the purposes of limb B1 of the subsidy test (annex 1)
• a new annex (annex 2), that gives practical guidance to public authorities designing and assessing small subsidies and schemes

Published 11 November 2022
Last updated 18 December 2023 + show all updates

1. 18 December 2023

   Update to guidance: Chapter 3 updated to introduce the ‘scheme document’, a record of a scheme’s terms and conditions that a public authority should prepare for internal purposes when designing a scheme. Chapter 3 also includes further guidance on assessing the subsidy control principles when making schemes. Chapter 9 includes clarifications on modifying existing subsidies, and Annex 1 has been updated to further clarify the definition of an ‘economic actor’ for the purposes of limb B1 of the subsidy test. There is also a new annex (Annex 2), that gives practical guidance to public authorities designing and assessing small subsidies and schemes. The guidance includes a number of other minor amendments.

2. 30 June 2023

   Chapter 12 has been updated to reflect the new requirements for uploading information to the subsidy control database, as set out in the Subsidy Control (Subsidy Database Information Requirements) Regulations 2022. Annex 3 now includes additional guidance on how public authorities should calculate the value of subsidies, as set out in the Subsidy Control (Gross Cash Amount and Gross Cash Equivalent) Regulations 2022.

3. 11 November 2022

   First published.