Part 6: Miscellaneous and general Chapter 1: Miscellaneous Section 79: Guidance
Section 79 describes the power the Secretary of State has in relation to issuing guidance on the application of this Act, including the meaning and effect of the principles.
	This section gives the Secretary of State power to issue guidance on the practical application of the provisions in this Act, including the definition of a subsidy, the principles, prohibitions and other requirements, the transparency requirements, the exemptions, the mandatory referral provisions, the misuse of subsidy provision, and the duty to provide pre-action information.
	Guidance would provide greater detail on how to apply elements of the definition of subsidy (for example with regard to establishing that financial assistance is given on commercial terms) and how the principles should be used to assess subsidies and subsidy schemes, including:
methodologies that could be used for assessing benefits and distortive effects, including on UK competition and investment and on international trade;
the level and type of analysis that could be considered proportionate depending on the type of subsidy (this would be linked to the Subsidies and Schemes of Interest and Particular Interest criteria);
what kinds of features may be generally considered ‘best practice’ examples of subsidy design making a subsidy more likely to be consistent with the principles, such as fair and open competitions for subsidies; and
what kinds of features might merit closer attention from a public authority to ensure that negative effects on other parties had been properly taken into account, such as subsidy races.
	The guidance could, for example, be used to explain how subsidies might be given to support disadvantaged areas in a way that is consistent with the principles, by indicating characteristics or criteria that a public authority may choose to use when deciding whether an area could be considered disadvantaged and how that might be used to justify more ambitious or extensive subsidy interventions consistent with the principles. The guidance could also indicate that those kinds of interventions may not be consistent with the principles in more advantaged areas. This guidance will be nuanced and will reflect that different areas face different types and levels of disadvantage depending on their geographical, economic and social situation.
	The Government would look to the Green Book: Central Government Guidance on Appraisal and Evaluation as an example of detailed guidance for authorities making spending decisions (albeit in the notably different context of spending control, rather than subsidy control) and would consider any relevant read-across as well as ensuring that the guidance was mutually compatible (to provide for situations where both Green Book and subsidy control guidance applied simultaneously, for central Government subsidies).
	The section allows the Secretary of State to revise or review the guidance. The section also places obligations on the Secretary of State. The obligations are to publish the guidance, keep it under regular review and consult persons that the Secretary of State deems appropriate before issuing the guidance. The Secretary of State may launch a consultation on the guidance before the Act comes into force.
	The final effect of the section is to oblige public authorities to have regard to the guidance when designing a subsidy scheme or giving a standalone subsidy.