State aid: guidance

Overview

The UK’s exit from the European Union

The UK and European Union have agreed to terms on a Trade and Cooperation Agreement (TCA), which came into force on 1 January 2021.  This agreement contains provisions related to subsidy control. 

The EU State aid regime was effectively revoked from UK law from 1 January 2021, therefore any reference to State aid should be removed from all websites/offer letters etc. It is for each funding body to take the necessary steps to update their own documents.

We draw your attention to the guidance issued by DBEIS: Complying with the UK’s international obligations on subsidy control: guidance for public authorities.  Please be aware this is a living document and may be updated by BEIS as time progresses.

We will provide further guidance for Scottish funding bodies and local authorities in due course and will cascade these through our usual stakeholder channels.

About state aid

State aid is a European Commission (EC) term which refers to forms of public assistance given on a discretionary basis which have the potential to distort competition and affect trade between Member States of the European Union.

The state aid rules are set by the EC and comprise various articles of the Treaty on the Functioning of the European Union (TFEU), as well as regulations, frameworks and guidelines, which set out what aid can be given and under which circumstances.

The EC governs Member States' compliance with these rules and many aid measures must be notified to the EC for approval.

Find more information on state aid on the EC website.

About this guidance

This guidance is designed to help public sector bodies:

• determine whether the state aid rules affect their work
• view examples of state aid
• see what approved schemes exist to enable state aid to be awarded in compliance with EC regulations
• answer common questions
• find the relevant contact information for specific enquiries

Disclaimer

We seek to ensure that the information published in this guidance is up-to-date and accurate. However, the information in this guidance does not constitute legal or professional advice and we cannot accept any liability for actions arising from its use. The Scottish Government cannot be held responsible for the contents of any pages referenced by an external link.

The State Aid Team provide advice to public sector bodies and not to individual members of the public, applicants or beneficiaries of aid.

It should be noted that state aid is a matter where policy is currently the responsibility of the European Union. Furthermore, the European Court of Justice holds sole competence over the presence of state aid or otherwise.

If you think that a measure you intend to implement, or aid that you intend to give, is state aid and have any doubts as to whether or not it is lawful aid, contact the State Aid Team.