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The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025 No. 845

Draft Regulations laid before Parliament under sections 11(4) and 87(3) of the Subsidy Control Act 2022, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2025 No.

SUBSIDY CONTROL

The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025

Made

***

Coming into force

4th August 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 11(1), (2) and (3) of the Subsidy Control Act 2022(1).

A draft of these Regulations was laid before Parliament in accordance with sections 11(4) and 87(3) of the Subsidy Control Act 2022 and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025.

(2) These Regulations come into force on 4th August 2025.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022

2.  In sub-paragraph (b) of regulation 3(2) of the Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022(2), for “£10 million” substitute “£25 million”.

Name

Title

Department for Business and Trade

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022 (“the 2022 Regulations”). In particular, regulation 2 amends regulation 3(2) of the 2022 Regulations by increasing the threshold (in non-sensitive sectors) above which subsidies (individually or cumulating with other related subsidies) are deemed subsidies of particular interest, from £10 million to £25 million. A subsidy scheme that allows one or more subsidies of particular interest to be given under it is deemed a scheme of particular interest. Section 52(1)(a) of the Subsidy Control Act 2022 requires a public authority to refer subsidies or subsidy schemes of particular interest to the Competition and Markets Authority before they are given or made, respectively.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

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