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Webinar recording – Subsidy schemes

01 April 2025
The webinar addressed the specific issue of subsidy schemes as flowing from the Subsidy Control Act 2022. It considered specifically the situations that lend themselves to delivery by creation of subsidy schemes, what are the core features a subsidy must have and what sort of audit trail needs to be in place to show how the Subsidy Control Principles have been properly considered in drafting the terms and conditions of the scheme.  It also considered subsidy schemes requiring referrals to the CMA and how to secure best results from such CMA referrals.

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