PART 2

Subsidy control requirements
CHAPTER 2

Prohibitions and other requirements

Other specific prohibitions and requirements

Services of public economic interest
29
1
The requirements in subsections (2) and (3) apply in relation to the giving of a subsidy to a SPEI enterprise for the purpose of the provision of SPEI services.
2
The public authority giving the subsidy must be satisfied that the amount of the subsidy is limited to what is necessary to deliver the SPEI services, having regard to—
a
costs in delivering the SPEI services, and
b
reasonable profits to be made in doing so.
3
The subsidy must be given in a transparent manner.
4
For the purposes of subsection (3), a subsidy is given in a “transparent manner” only if—
a
the subsidy is given in accordance with a written contract or other legally enforceable arrangement in writing,
b
the terms on which the subsidy is given are set out in the contract or arrangement, and
c
the contract or arrangement includes the information in subsection (5).
5
The information is—
a
the SPEI services in respect of which the subsidy is given;
b
the SPEI enterprise that is tasked with providing the SPEI services;
c
the period for which the SPEI services are to be provided (“the delivery period”);
d
the geographic area in which the SPEI services are to be provided;
e
how the amount of subsidy given in respect of the SPEI services is determined;
f
arrangements for the purposes of subsection (6) in respect of reviews and steps that may be taken for recovery.
6
Where a subsidy is given to a SPEI enterprise, the public authority giving the subsidy—
a
must, during the delivery period, keep under regular review the use of the subsidy to ensure that the condition in subsection (2) continues to be met, and
b
must take steps, in accordance with its rights under the contract or arrangement mentioned in subsection (4), to recover a subsidy to the extent that the condition in subsection (2) ceases to be met.
7
For the purposes of the duty in subsection (6)(a), checks must be carried out as to the use of a subsidy—
a
at least once every 3 years beginning with the day when the delivery period begins, and
b
at the end of the delivery period.
8
The duties under section 12(1) apply to the giving of a subsidy in accordance with this section to a SPEI enterprise for the provision of SPEI services only so far as the carrying out of that duty does not obstruct the carrying out of those services.
9
In this Act—
- “SPEI enterprise” means an enterprise that is assigned with particular tasks in the public interest (including public service obligations);
- “SPEI services” means services provided in the carrying out of those tasks.
S. 29 not in force at Royal Assent, see s. 91(2)
S. 29 in force at 4.1.2023 by S.I. 2022/1359, reg. 2