Subsidy Control Act 2022 (c. 23)

PART 4 U.K. CMA: referrals and functions

CHAPTER 1 U.K. Functions on referrals of subsidies and schemes

Voluntary referrals U.K.

58 Call-in direction following voluntary referral U.K.

(1) This section applies where—

(a) the CMA has given a notice under section 57(2)(a) that it will prepare a report in response to a voluntary referral request made in relation to a subsidy or subsidy scheme, and

(b) the Secretary of State has given a call-in direction under section 55 in relation to that subsidy or scheme.

(2) The voluntary referral request is treated as if it was a mandatory referral request (and sections 53 and 54 apply accordingly) where—

(a) the report in response to the voluntary referral request has not been published, and

(b) the reporting period for that report has not expired.

(3) The voluntary referral request is treated as if it was a mandatory referral request (and sections 53 and 54 apply accordingly) where—

(a) the report in response to the voluntary referral request has not been published, and

(b) the reporting period for that report has expired,

but the reporting period under section 53(3) is to be read as a period of 10 working days.

(4) Where the report in response to the voluntary referral request has been published, but the subsidy has not been given, or the subsidy scheme has not been made, section 54 applies, and the references in that section to the CMA’s report are to be read as references to the report published in response to the voluntary referral request.

(5) In this section—

• “mandatory referral request” means a request made under section 52;

• “voluntary referral request” means a request made under section 56.

Commencement Information

I1 S. 58 not in force at Royal Assent, see s. 91(2)

I2 S. 58 in force at 4.1.2023 by S.I. 2022/1359, reg. 2