Overview
The Subsidy Control Act 2022 ("the Act") came into
force on 4 January 2023, establishing the UK's enduring subsidy
control regime following its exit from the EU and replacing EU
State aid rules. The subsidy control regime is primarily designed
to help public authorities make subsidy awards in a manner which
ensures minimum impact on both competition and investment, while
also providing for the efficient use of public monies.
Unlike the mandatory pre-notification and approval requirements
of the EU State aid rules, a key change under the Act relates to
procedure, with the UK regime imposing self-assessment requirements
on 'subsidy-giving' public authorities. The Act obliges
public authorities to ensure their own compliance with the wider
subsidy control regime.
