The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022

Related subsidies

5.—(1) This regulation applies for the purposes of regulations 3(2)(b) and (3)(b) and 4(2).

(2) A “related subsidy”, in relation to a subsidy given other than under a subsidy scheme made in the form of a tax measure, is a subsidy which—

(a) is given by any public authority(1) in respect of the same (or substantially the same) project, costs or activities, and

(b) pursues the same (or substantially the same) specific policy objective as referred to in Schedule 1 to the Act.

(3) A “related subsidy”, in relation to a subsidy given under a subsidy scheme made in the form of a tax measure, is a subsidy which is given as part of the same tax measure.

(4) But a subsidy is not a “related subsidy” if it falls within any of the exemptions in section 64(1) or (2) of the Act.

(5) The “applicable period” is the period comprising—

(a) the elapsed part of the current financial year, and

(b) the two financial years immediately preceding the current financial year.

(6) In paragraph (5)—

(a) “financial year” means a period of 12 months ending with 31 March,

(b) the “current financial year” is the financial year in which the subsidy is given, and

(c) the “elapsed part” of that year is so much of it as has passed at the time it is given.

(1)

As defined in section 6 of the Subsidy Control Act 2022.