I beg to move,
That the Committee has considered the draft Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) (Amendment) Regulations 2025.
It is a pleasure to see you in the Chair this afternoon, Mr Turner. The regulations were laid in draft before the House on 2 June. The Subsidy Control Act 2022 came into force in January 2023. It was designed to balance the need for streamlined processes to ensure that public authorities can quickly and effectively give subsidies to support businesses where it matters with the need to ensure that subsidies are proportionate, represent good value for the taxpayer and do not unduly impact competition and investment. The Act also ensures that our international obligations on subsidy control are reflected in our domestic legislation.
When this Government were elected last year, we were keen to test whether the legislation had achieved the correct balance, or whether changes could be made to improve the functioning of the UK subsidy control regime. Following discussions with officials, feedback from affected public authorities and a public consultation, we have decided to amend the legislation.
The regulations set out which subsidies face mandatory referral for scrutiny by the Competition and Markets Authority’s subsidy advice unit and which may be voluntarily referred. The CMA review process is designed to capture the larger subsidies, which have the greatest risk of distorting competition or investment. Once the CMA has accepted a referral, it must publish a non-binding report on the assessment of the subsidy’s compliance with the Subsidy Control Act within 30 working days. Using feedback from the CMA’s report, the public authority awarding the subsidy should improve the design of its subsidy or its assessment of compliance, thus reducing the potential harm caused by the subsidy. As the CMA’s reports are published, the referral process improves the transparency of subsidy giving, offering competitors the opportunity to better understand when their rivals are receiving subsidies and when they may wish to challenge an unfair subsidy.
The regulations update the existing regulations, changing the definition of a subsidy or scheme of particular interest, to which I will now refer as a SSoPI. A SSoPI requires mandatory referral to the CMA for scrutiny. The amendment to the definition of a SSoPI increases the threshold at which a subsidy attracts mandatory scrutiny. Currently, that is set at £10 million for non-sensitive sectors; the amendment moves it to £25 million.
This is being done in response to stakeholder feedback that the £10 million threshold was too low and captured subsidies that posed only a low risk of distortion, including subsidies for leisure centres and wellbeing hubs, which pose a comparatively low risk of harming competition or investment in the UK or trade and investment internationally. The new £25 million threshold represents a proportionate approach that will allow the CMA to focus its resources on the effective scrutiny of the larger subsidies that pose the greatest risk to the UK’s internal market and to international trade.
While we are adjusting the mandatory referral threshold, the voluntary referral threshold, currently set at £5 million, will remain the same. That will allow public authorities to voluntarily refer subsidies that would previously have faced mandatory referral if they consider that the subsidies would benefit from additional scrutiny. The rules around accumulating related subsidies will also remain the same, ensuring that the cumulative distortive effect of subsidies to a particular enterprise is still captured and scrutinised.
We will retain the existing list of sensitive sectors and the lower £5 million threshold at which subsidies in new sectors face mandatory CMA referrals. There is a strong rationale for effective scrutiny of those subsidies to mitigate the risk of trade distortion and international challenge. Scrutiny by the CMA does not prevent the awarding of those subsidies, but will give public authorities the chance to strengthen their assessment of compliance as well as their subsidy, and mitigate any risks. These sectors were previously deemed to pose a higher risk of international challenge, and at present there is little evidence to support amending the list. On balance, the evidence provided in response to our recent consultation did not point towards any amendment of it.
As I hope is clear, the intention behind the regulations is to update the thresholds for CMA scrutiny in a measured and proportionate way, reducing administration while retaining effective scrutiny where it matters most. I commend the regulations and invite the Committee to support the passage of this instrument.