Scottish Green Freeport seed capital eligibility criteria
This guidance explains the eligibility rules for local authorities who want to award a seed capital subsidy.
Applies to Scotland
Introduction
The two Green Freeports in Scotland have each been granted access to up to £25 million seed capital funding. The purpose of the seed capital is to address infrastructure gaps in Green Freeport locations and create the right physical conditions to encourage private sector investment.
Seed capital is paid by the Scottish Government to local authorities, who may then use it to award subsidies. This guidance explains the eligibility rules for local authorities who want to award a Seed Capital Subsidy. These eligibility criteria have effect from 13 May 2024 and may be amended from time to time as required.
Local authorities who satisfy themselves that a subsidy award complies with this guidance are not required to conduct their own assessment of the award against the subsidy control principles.
Definitions
Accountable Body – the local authority identified as “Accountable Body” for the Green Freeport in the Memorandum of Understanding with Scottish Government and the UK government’s Department for Levelling Up, Housing and Communities.
Change request – the formal process of approving changes to a Green Freeport’s agreed full business case, administered by government.
DLUHC – Department for Levelling Up, Housing and Communities.
Eligible project – a project which is using seed capital to deliver the type of eligible activity identified in the Eligibility Rules at section 3 of this Eligibility Criteria and is being delivered in an Eligible Location.
Eligible location – the Green Freeport locations identified in the Eligibility Rules.
Enterprise – the definition of “enterprise” in section 7 of the Subsidy Control Act 2022.
Full business case – the agreed full business case submitted by the Green Freeport to government as a part of the Green Freeport approval process, and which is included in the Memorandum of Understanding with SG and DLUHC.
Legal commitment - when the local authority enters into a grant funding agreement or other type of legal agreement with the recipient enterprise.
Outer boundary – the outer limit delineating the geography of the Green Freeport (see maps of the outer boundaries (PDF, 376KB)).
Local authority – means a relevant local authority, as defined in section 61 of the Local Government in Scotland Act 2003.
Preparatory activity – project activities undertaken in advance of physical works commencing including, but not limited to, site investigations and studies, preparing cost estimates, developing design works, obtaining planning permission, and negotiating land and/or building acquisitions.
Related subsidies – the definition of “related subsidies” in section 5 of the Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022.
Scheme – the Scottish Green Freeports Subsidy scheme, as published on the Subsidy Control Transparency Database on 13 May 2024.
SG – Scottish Government
Green Freeport seed capital – up to £50 million of capital funding allocated by the Scottish Government for capital works in Green Freeport locations.
Seed capital subsidy – a subsidy awarded by a local authority to deliver an eligible project.
Eligibility rules
The following eligibility rules apply to the award of a seed capital subsidy:
1. Eligible location
The award of seed capital subsidy under the Scheme is limited to eligible activity undertaken in the two Green Freeport locations in Scotland:
- Forth Green Freeport
- Inverness and Cromarty Firth Green Freeport
Seed Capital Subsidies can only be provided to an Eligible Project undertaken within the ‘Outer Boundary’ of any of the two Green Freeports, or – where justified in an approval Full Business Case – in an economically connected location.
2. Eligible activity
To be an eligible activity, seed capital subsidies must provide financial assistance to a project that has been set out and agreed in the relevant Green Freeport’s full business case, or subsequently approved by government through a formal change request.
A business case for the project must also have been approved by the accountable Body, in accordance with local assurance processes, and by the Green Freeport Board. This ensures that the project requires a subsidy and has been designed to minimise public costs while maximising public benefits. In determining the level of seed capital subsidy to be awarded, this business case must consider the cumulative amount of related subsidies previously received by the Enterprise, whether given under the Scheme or otherwise.
Local authorities other than an accountable Body may award a seed capital subsidy under this Scheme with the permission of the relevant accountable Body, and with confirmation that the accountable Body has approved a business case for the project in accordance with local assurance processes.
The local authority awarding a seed capital subsidy under this Scheme must also include in all legal agreements with the recipient(s) an appropriate mechanism to recover that subsidy should it become necessary to do so.
3. Eligible costs
A seed capital subsidy can support capital expenditure associated with delivering an eligible project including preparatory activity.
4. Ineligible costs
Seed Capital Subsidy cannot be used to provide financial assistance for Ineligible Costs. “Ineligible Costs” are any costs that are not either (a) “Eligible Costs” as set out in Paragraph 3 or (b)” preparatory costs” which are only costs associated with Preparatory Activity.
Any costs that are not associated with preparatory activity and are undertaken prior to the seed capital subsidy being awarded under the Scheme will be ineligible.
5. Eligible recipients
Local authorities may award a seed capital subsidy to any Enterprise undertaking an eligible project within an eligible location.
6. Subsidy type
Local authorities may award a seed capital subsidy in form of a grant, a loan or otherwise as agreed in the Green Freeport’s full business case or a subsequent formal change request.
7. Subsidy value
The Scheme can cover a seed capital subsidy up to the value of £25 million to an eligible project, which can be a combination of Green Freeport seed capital and other subsidies used to deliver eligible activities, or solely Green Freeport seed capital, but never solely other subsidies. Where the combined value of related subsidies supporting an eligible project exceeds £25 million the project shall fall outside the scope of this Scheme.
Transparency
Local authorities are public authorities for the purpose of the Subsidy Control Act 2022 and, accordingly, must comply with the transparency requirements set out in Chapter 3 of Part 2 of that Act. Any seed capital subsidy awarded that exceeds the value of £100,000 must be uploaded on to the subsidy database within 3 months of a legal commitment being made by the local authority. Local authorities can find details on how to upload awards to the database, including templates for notifying schemes and reporting on subsidy awards in the Scottish Government subsidy control guidance.
All completed Notification of Subsidy Scheme and Transparency Reporting templates should be sent to subsidycontrol.transparency@gov.scot.