SCHEDULES
SCHEDULE 3Subsidies provided by primary legislation
I1I210Recovery orders
1
Section 74 applies in subsidy proceedings before the appropriate court as it applies to proceedings under Part 5 before the Competition Appeal Tribunal.
2
For this purpose—
a
section 74 is to be read as if, for subsection (1), there were substituted—
1
The appropriate court may make a recovery order if—
a
in exercise of its powers, it determines that relief should be granted in respect of a subsidy provided by means of devolved primary legislation, and
b
in reaching that determination the appropriate court finds that the giving of the subsidy, or the making of the subsidy scheme under which it was given, did not comply with a requirement of Chapter 1 or 2 of Part 2.
b
subsection (2)(a) of that section is to be read as if, for the words from “a public authority” to “that subsidy”, there were substituted “the appropriate authority to recover a subsidy provided by means of devolved primary legislation”
;
c
subsection (2)(b) of that section is to be read as if the reference to the public authority were a reference to the appropriate authority;
d
subsection (4) of that section is to be ignored.