Consultation launched on the future of subsidy control law
The Department for Business, Energy & Industrial Strategy has just launched its consultation on the future of subsidy control law (previously known as state aid) in the UK.
The Department for Business, Energy & Industrial Strategy has just launched its consultation on the future of subsidy control law (previously known as state aid) in the UK. The government hopes that a new regime will give sufficient certainty to enable confident funding and investment decisions while avoiding undue bureaucracy and responses to the consultation will inform that balancing act.
The current subsidy control system in the UK is suboptimal to say the least – it consists of a combination of the old EU state rules incorporated through the Northern Ireland Protocol and new subsidy control rules drawn directly from the UK’s Trade and Cooperation Agreement (TCA) with the EU. The new subsidy control rules draw heavily on the old state aid rules so in the absence of a more detailed regime most public authorities are still aligning with the old state aid regime as the only source of authority for how to comply with the principles within the new subsidy control regime.
Clearly this is not the government’s intention for the future of subsidy control so a new regime is to be welcomed. The consultation is wide ranging and surprisingly seeks opinions on implementing rules that in some cases go beyond what is required by the UK-EU TCA. This suggests the government recognises the advantages of a comprehensive regime even as it endeavours to reduce bureaucracy.
We will certainly be responding to the new consultation and we strongly recommend engaging with the process as it provides a rare opportunity to shape the future of subsidy control law in the UK.
Contact
Alex Kynoch
Partner
alex.kynoch@brownejacobson.com
+44 (0)115 976 6511
Related expertise
You may be interested in...
Legal Update
Know your dispute resolution clauses: Key take-aways from Kajima v Children’s Ark and Lancashire Schools v Lendlease
Legal Update
Martyn's Law: A closer look at the UK's new proposed anti-terror measures
In Person Event
Claims Club: Birmingham
In Person Event
Claims Club: London
Opinion
Power for local authorities to conduct compulsory rental auctions of vacant high street properties to come into force next month
Legal Update
Building an inclusive workplace: strategies for attracting and retaining disabled talent
Legal Update
What will the new RISE Scheme mean for schools and academy trusts?
Press Release
Browne Jacobson advises Clean Power Hydrogen on global IP licence agreement
On-Demand
Kinship care: DJ v Barnsley Metropolitan Borough Council and SG
Legal Update
Roundtable report: Community engagement in high street regeneration
In Person Event
Public sector planning club
Legal Update - Public matters newsletter
Public matters: October 2024
Press Release - Firm news
Browne Jacobson’s private sector lawyers' reaction to the Autumn Budget 2024
Legal Update
New amendments to the Civil Procedure Rules and their impact
Press Release
Browne Jacobson sponsors public sector think tank on new report
Online Event
Navigating subsidy control regeneration and infrastructure projects webinar
Legal Update
Supreme Court clarifies public authority liability: Police duty of care in negligence cases
Press Release
Browne Jacobson advises London Borough of Sutton on major town centre regeneration
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Press Release
Browne Jacobson to provide legal services to public bodies across UK after appointment on inaugural YPO framework
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
Legal Update - Procurement Act
What suppliers to the Welsh public sector need to know about the Procurement Act 2023
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
Training
Register your interest to join our next Home Delivery Academy
Legal Update
Hybrid working, the right to flexible working and how to make it work for public sector employers
Legal Update - Procurement Act
Modification of contracts existing before the go-live date of the Procurement Act 2023
Legal Update - Procurement Act
Decisions of the Independent Patient Choice and Procurement Panel
Legal Update
Strike breakthrough: Junior doctors agree to pay deal, ending prolonged industrial action
Legal Update
Vicarious liability for kinship foster carer abuse: Implications for local authority insurers
Legal Update
Delivering EV charging infrastructure: The local government perspective
Legal Update - Procurement Act
The Procurement Act 2023: What’s changing and getting prepared
Legal Update - Procurement Act
Procurement Act 2023: Are you ready?
Legal Update - Procurement Act
Procurement Act 2023 implementation date delayed: Here’s what you need to do now
Press Release
Browne Jacobson to provide legal advice to North West public bodies after contract award
Legal Update - Procurement Act
Contract management and performance
Legal Update
A long period of voluntary child care does not always mean an entitlement to damages
Published Article
Hybrid working: The right to flexible working and how to make it work for public sector employers
Legal Update
Extended s20 voluntary care isn’t always a breach of human rights
Legal Update
Mitigating the £6.2bn black hole: Are councils maximising these resources well enough?
