As of the 4 January 2023, the UK Subsidy Control Act came into force. This largely replaces the previous arrangements of the Trade & Co-operation Agreement (TCA) and, prior to that, EU State Funding. With the withdrawal from the EU, the EU State Funding regulations no longer apply to the UK (except for some limited exceptions with regard to the Northern Ireland Protocol & Structural Funds).

As of the 4 January 2023, the UK has implemented its own Subsidy Control legislation under the Subsidy Control Act 2022. The key elements of the legislation are summarised below:

introduction of streamlined subsidies - allowing funding authorities to award low risk subsidies, in scope of the scheme, quickly without additional approval
this doesn’t apply to companies applying under Minimum Financial Assistance - where they have not received over £315,000 from the UK Government in the last 3 years
there is a requirement to log all subsidies over £100,000 on the BEIS transparency database
a Subsidy Advice Unit (SAU) has been set up within the Competition and Market Authority (CMA) to assess more complex / high value requirements
subsidy decisions can be challenged in the Competition Appeal Tribunal (CAT) for Judicial Review
the Act covers both goods and services
there are some prohibited subsidies that cannot be awarded under the Act.

Please below whether you believe Subsidy Control compliance relates to your project.

Should you believe you/your organisation is due to or have received in excess of the Minimum Financial Assistance Threshold of £315,000 over the last 3 years you should contact the West Lancashire Borough Council UKSPF Programme Team immediately at ukspf@westlancs.gov.uk