
Subsidy Control Act 2022
UK's post-Brexit state-aid framework; a principles-based subsidy regime that replaced EU State Aid rules.
Last refreshed: 22 April 2026
Can the UK's lighter-touch subsidy regime compete with EU state aid for factory investment after Brexit?
Timeline for Subsidy Control Act 2022
Mentioned in: EC clears €211m Italian aid for Cambridge spinout
UK Startups and Innovation- What does the Subsidy Control Act 2022 replace?
- The Subsidy Control Act 2022 replaced the EU State Aid framework that applied to the UK before the end of the Brexit transition period in January 2021. It introduced a domestic principles-based subsidy regime overseen by the CMA's Subsidy Advice Unit.
- How does the UK's subsidy regime compare to EU state aid rules after Brexit?
- The UK's Subsidy Control Act uses a principles-based approach rather than the EU's prescriptive notification and approval system. The CamGraPhIC case illustrates the gap: the EU approved €211m for a Cambridge spinout while no comparable UK instrument existed.Source: EC approval decision, April 2026
- Who enforces the Subsidy Control Act 2022?
- The Competition and Markets Authority (CMA) oversees the Act through its Subsidy Advice Unit, which reviews referred subsidies and advises public authorities on compliance with the Act's principles.
- When did the Subsidy Control Act come into force?
- The Subsidy Control Act 2022 received Royal Assent on 28 April 2022 and came into force in January 2023.
- Why does the UK's post-Brexit subsidy regime matter for deep-tech startups?
- The Act defines what the UK state can offer to retain or attract factory investment. Where the EU approved €211m for a Cambridge spinout under its state-aid framework, the UK's lighter-touch regime has not produced equivalent instruments for comparable deep-tech manufacturing cases.Source: EC approval decision, April 2026
Background
The Subsidy Control Act 2022 sits at the centre of the April 2026 CamGraPhIC story because it defines the UK's capacity to match or respond to EU state-aid decisions. When the European Commission approved €211m of Italian state aid for the Cambridge graphene photonics spinout, the Act was the implicit boundary condition: what the UK Government could or could not do to compete for that factory investment was governed by this legislation. The contrast is direct — the EU operating under its own state-aid framework approved a grant ten times the size of any previously awarded to a Cambridge spinout, while the UK's regime did not produce an equivalent instrument.
The Act replaced the EU State Aid framework that applied to the UK prior to the end of the Brexit transition period in January 2021. It introduced a principles-based subsidy regime rather than the EU's more prescriptive notification and approval structure. The legislation is overseen by the Competition and Markets Authority (CMA) through its Subsidy Advice Unit (SAU), which reviews subsidies referred by public authorities and advises on compliance with the Act's principles. The Act applies to all public authorities across England, Scotland, Wales and Northern Ireland. It came into force in January 2023.
The Act is one of the foundational pieces of post-Brexit economic sovereignty legislation and a live test of whether a lighter-touch principles-based design produces competitive outcomes against the EU's prescriptive but well-funded framework. The CamGraPhIC outcome is an early and prominent data point in that test: a UK spinout whose IP was developed using UK public research funding ultimately secured its industrial capital under an EU-approved subsidy regime, not the UK's own.