The Subsidy Control Rules – Transparency Guidance

The UK's new Subsidy Control rules include an obligation on the funder to publish information online.  Failure to publish the correct information online within six months of the award has potentially negative implications for both the funder and the recipient.

For the funder, failure to meet the transparency obligations puts the subsidy at risk of being regarded as unlawful, and it fails to "start the clock" in terms of the potential challenge period, beyond which national court challenges are time-barred. For the recipient of public funding, failure to meet the transparency obligations puts the subsidy potentially at risk of recovery.  In this guidance, we explain how the transparency obligations can be satisfied.