Subsidy Control Act 2022

Recovery orders U.K.

10 (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.

Commencement Information

I1 Sch. 3 para. 10 not in force at Royal Assent, see s. 91(2)

I2 Sch. 3 para. 10 in force at 4.1.2023 by S.I. 2022/1359, reg. 2