SUBSIDY CONTROL Sample Clauses

SUBSIDY CONTROL. 33.1 The Contractor should obtain its own advice as to whether the Subsidy Control Rules apply to the Funding received in relation to the Services delivered under this Contract. Guidance on this can be found at Complying with the UK’s international obligations on subsidy control: guidance for public authorities - XXX.XX (xxx.xxx.xx). 33.2 Where the rules on Subsidy Control apply, the Contractor must: 33.2.1 comply with the relevant notification requirements; and 33.2.2 collect and retain appropriate records and will supply those records to the Department on its request. 33.3 The Department reserves the right to require the Contractor to obtain a contribution towards the cost of the Services delivered under this Contract from the employer of any Learner. Where a contribution is required, the Department will confirm to the Contractor in writing the exact percentage of the contribution. 33.4 Where the Department requires the Contractor to obtain a contribution towards the cost of the Services under Clause 33.3 above, the Contractor must provide evidence that the contribution has been received. 33.5 If a recovery order or any other enforcement measure is taken under the Subsidy Control Act 2022, the Contractor will repay the relevant subsidy to the Department within 28 days or such other timescale that the Department agrees with the Contractor.

SUBSIDY CONTROL. 29.1 The Provider should satisfy itself, if the Subsidy Control Rules apply to the Funding received in relation to the Services delivered under this Agreement. Guidance on this can be found at Complying with the UK’s international obligations on subsidy control: guidance for public authorities - XXX.XX (xxx.xxx.xx). 29.2 Where the rules on Subsidy Control apply, the Provider will collect and retain appropriate records and will supply those records to the Department on its request. 29.3 The Department reserves the right to require the Provider to obtain a contribution towards the cost of the Services delivered under this Agreement from the employer of any Learner. Where a contribution is required, the Department will confirm to the Provider in writing the exact percentage of the contribution. 29.4 Where the Department requires the Provider to obtain a contribution towards the cost of the Services under Clause 29.3 above, the Provider must provide evidence that the contribution has been received. 29.5 In the event that any funding paid under this Agreement is deemed to constitute unlawful subsidy control the Department reserves the right to require immediate repayment of any such funding.

SUBSIDY CONTROL. The Grant is awarded as a Minimum Financial Assistance (MFA) subsidy under the Subsidy Control Act (2022). There is a threshold of £315,000 MFA cumulated over this and the previous two financial years, as specified in section 36(1) of the Subsidy Control Act (2022) and the grantee must ensure that this is not exceeded. The grantee is required to keep a written record of the amount of MFA received and the date/s when it was received. This will enable the grantee to respond to future requests from public authorities on how much MFA has been received and whether the cumulative threshold has been reached. (The Grantee may need to keep this Agreement for longer than three years for other purposes).

SUBSIDY CONTROL. The Grant is awarded as an exempted subsidy under Article 364(4) of the EU-UK Trade and Cooperation Agreement. There is a ceiling of 325,000 Special Drawing Rights for subsidies provided to any one economic actor under this Article over a 3-year period. Any Article 364(4) subsidies (or similar aid, including “de minimis” aid granted prior to 31 December 2020 under Commission Regulation (EU) No 1407/2013) awarded to the Grantee will be relevant if the Grantee wishes to apply, or has applied, for any Article 364(4) subsidies. The Grantee must retain this Agreement for 3 years from the date of this Agreement and produce it on any request by the UK public authorities. (The Grantee may need to keep this Agreement for longer than three years for other purposes). The Company acknowledges and hereby agrees that its signature of this Agreement constitutes its awareness of and adherence to Article 364(4) of the EU-UK Trade and Cooperation Agreement.

SUBSIDY CONTROL. 15.1 The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s international obligations in respect of subsidies. 15.2 The Grant Recipient will maintain appropriate records of compliance with the relevant subsidy control regime and will take all reasonable steps to assist the Authority to comply with the same and respond to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 15.3 The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in way that affects any such trade. 15.4 It is important to ensure that the Grant is not, and does not become, an unlawful state aid under Article 107 of the Treaty on the Functioning of the European Union (for the purposes of the application of Article 10 of the Northern Ireland Protocol) or a “subsidy” for the purposes of the Trade and Cooperation Agreement. State aid and subsidy frameworks ensure that States do not unfairly subsidise their own industry or particular parts of it. 15.5 The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that it is in accordance with the Northern Ireland Protocol (where appropriate), the subsidy control provisions of the EU-UK Trade Agreement and any Domestic Law which replaces State Aid Law following the UK’s exit from the European Union and on the basis that the Funded Activities meet the conditions set out in Annex 10.

SUBSIDY CONTROL. 15.1. The Project Deliverer will ensure that delivery of the Funded Activities does not breach the UK’s international obligations in respect of Subsidies. 15.2. The Project Deliverer will maintain appropriate records of compliance with the Subsidy Control Rules and will take all reasonable steps to assist the Lead Authority and/or the Secretary of State to comply with the same and respond to any proceedings or investigation(s) into the Project Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 15.3. The Project Deliverer acknowledges and represents that the Grant is being awarded on the basis that the Project Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in way that affects any such trade. 15.4. The Project Deliverer acknowledges it has undertaken its own independent assessment of the compatibility of the Project with Subsidy Control Rules and confirms to the Lead Authority and the Secretary of State that the Project is structured so that it is compliant with Subsidy Control Rules. 15.5. The Project Deliverer acknowledges a finding of non-compliance with Subsidy Control Rules in respect of a Project by an authority, court or tribunal of competent jurisdiction may lead to the Project Deliverer being ordered or otherwise required to repay funding received with interest. 15.6. The Project Deliverer acknowledges and accepts that the Grant is awarded on the Project Deliverer’s assessment of its Project and the Project Activities compliance with Subsidy Control Rules.

SUBSIDY CONTROL. 29.1 This Clause 29 applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider. 29.2 The Provider should satisfy itself, if the Subsidy Control Rules apply to the Funding received in relation to the Services delivered under this Agreement. Guidance on this can be found at Complying with the UK’s international obligations on subsidy control: guidance for public authorities 29.3 Where the rules on Subsidy Control apply, the Provider will collect and retain appropriate records and will supply those records to the Department on its request. 29.4 The Department reserves the right to require the Provider to obtain a contribution towards the cost of the Services delivered under this Agreement from the employer of any Learner. Where a contribution is required, the Department will confirm to the Provider in writing the exact percentage of the contribution. 29.5 Where the Department requires the Provider to obtain a contribution towards the cost of the Services under Clause 29.4 above, the Provider must provide evidence that the contribution has been received. 29.6 In the event that any funding paid under this Agreement is deemed to constitute unlawful subsidy control the Department reserves the right to require immediate repayment of any such funding.

SUBSIDY CONTROL. The Grant Recipient must ensure that the delivery of the Funded Activities does not put the Authority in breach of the UK’s international obligations in respect of subsidies. The Grant Recipient must maintain appropriate records of compliance with the relevant subsidy control regime and must take all reasonable steps to assist the Authority to comply with the same and respond to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body.

SUBSIDY CONTROL. ‌ 15.1. The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s international obligations in respect of subsidies. 15.2. The Grant Recipient will maintain appropriate records of compliance with the relevant subsidy control regime and will take all reasonable steps to assist the Authority to comply with the same and respond to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 15.3. The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in way that affects any such trade.

SUBSIDY CONTROL. 9.1 This clause applies to the Services except to the extent that it relates to the payment of the Sixth Form Grant to a sixth form by the Provider. 9.2 The Provider should obtain its own advice as to whether the Subsidy Control Rules apply to the Funding received in relation to the Services delivered under this Agreement. Guidance on this can be found at Complying with the UK’s international obligations on subsidy control: guidance for public authorities – XXX.XX (xxx.xxx.xx). 9.3 Where the rules on Subsidy Control apply, the Provider must: 9.3.1 comply with the relevant notification requirements; and 9.3.2 collect and retain appropriate records and will supply those records to the Department on its request. 9.4 The Department reserves the right to require the Provider to obtain a contribution towards the cost of the Services delivered under this Agreement from the employer of any Learner. Where a contribution is required, the Department will confirm to the Provider in writing the exact percentage of the contribution. 9.5 Where the Department requires the Provider to obtain a contribution towards the cost of the Services under Clause 9.4 above, the Provider must provide evidence that the contribution has been received. 9.6 If a recovery order or any other enforcement measure is taken under the Subsidy Control Act 2022, the Provider will repay the relevant subsidy to the Department within 28 days or such other timescale that the Department agrees with the Provider.