Part 5: Enforcement Section 71: Time limits for applications under section 70
This section amends the Competition Appeal Tribunal Rules 2015 to set out the time limits for applying to the CAT for the review of a subsidy decision.
	Interested parties must send their notice of appeal to the CAT within one month of the relevant date. The relevant date in relation to a subsidy decision will vary depending on the circumstances.
If an interested party makes a pre-action information request within one month of the transparency date, then the relevant date will be the date on which the public authority provides notice that it has provided the required information in response to the request.
If a post-award referral is made to the CMA in relation to a subsidy or scheme, the relevant date is the date on which the CMA publishes its post-award referral report.
If both a pre-action request and post-award referral is made, the time limit will run from whatever happens later: the notification in response to the pre-action request or the publication of the post-award referral report. This ensures that an interested party will be able to take into account any response to its pre-action request or the publication of the post-award referral report in deciding whether to bring an application to review a subsidy decision.
	If neither a pre-action request nor post-award referral is made, the relevant date from when the one-month time limit will run is the ‘transparency date’, which is the date the transparency requirements are met through publication of the details of the subsidy or scheme on the subsidy database. A minor error or omission in an entry for the subsidy or scheme may be disregarded by the CAT for these purposes. If the subsidy is exempt from the requirement to publish information on the subsidy database, then the ‘transparency date’ is the date on which the interested party first knew, or ought to have known, about the subsidy decision in question.
	The CAT may not extend the one-month time limit unless there are exceptional circumstances that merit such an extension.