CMA: Referrals and functions
Part 4 of the Act provides for the functions of the CMA under this Act. Chapter 3 of Part 4 requires the CMA to establish a body called the Subsidy Advice Unit for the purposes of carrying out those functions.
	Chapter 1 of Part 4 requires that certain subsidies and schemes must be referred by public authorities to the CMA before they may be given or made (a ‘mandatory pre-award referral’). Public authorities must wait for the CMA to publish its report, and for a cooling-off period to elapse following the publication of that report, before giving or making those subsidies or schemes. Public authorities may also voluntarily refer certain other subsidies or schemes to the CMA before they are given or made (a ‘voluntary pre-award referral’). The CMA’s report further to a mandatory or voluntary pre-award referral will include an evaluation of the public authority’s assessment as to whether the subsidy or scheme would be consistent with the subsidy control requirements in Chapters 1 and 2 of Part 2.
	The Secretary of State may also refer a subsidy or scheme to the CMA after it has been given or made (a ‘post-award referral’). The CMA is required to publish a post-award report on the subsidy or scheme, which must include an evaluation of any assessment that was carried out by the public authority as to why the subsidy or scheme would be consistent with the subsidy control principles, prohibitions and requirements (or stating that no such assessment was provided).
	Chapter 2 of Part 4 makes provision for the CMA to produce a report on the effectiveness of the operation of this Act and its impacts on competition and investment in the UK; this report will be produced after three years, six years, and every five subsequent years from the date the Act comes into force. The CMA will also need to include in its annual report the number and types of subsidies or schemes in respect of which it has prepared a report under Chapter 1 of Part 4.