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The State Aid (EU Exit) Regulations 2019
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Examination of alleged misuse of aid
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19.—(1) The CMA may on its own initiative examine information from any source regarding alleged misuse of aid and may, after an examination, decide whether there has been a misuse of aid.
(2) The CMA must examine any properly submitted complaint regarding alleged misuse of aid and must, after an examination, decide whether there has been a misuse of aid.
(3) If the CMA reasonably requires information for the purpose of taking a decision under this regulation, the CMA may request the aid grantor to send the information within a set period.
(4) If the aid grantor does not send the information within the set period, the CMA may—
(a)take a decision under this regulation on the basis of the information available to the CMA, including any information obtained in accordance with Schedule 4; or
(b)request the beneficiary to send the information within a set period.
(5) If the beneficiary does not send the information within the set period, the CMA may take a decision under this regulation on the basis of the information available to the CMA, including any information obtained in accordance with Schedule 4.
(6) If the CMA decides there has been a misuse of aid, the CMA must open an investigation in respect of the misused aid.
(7) Schedule 4, which relates to powers of entry in misuse of aid examinations, has effect.
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