Part 3: Exemptions Chapter 2: Minimal and SPEI financial assistance Section 39: Section 38 procedural requirements
Section 39 sets out the procedural requirements attached to subsidies given under Section 38, ‘SPEI assistance’.
	Subsection (1) and (2) set out the requirements for a public authority before they award a subsidy under this exemption. Subsection (1) states that they must provide the intended recipient with a ‘SPEI assistance’ notification and subsection (2) sets out what should be contained in that notification, including obtaining written confirmation from the enterprise that the amount it is receiving will not lead to it breaching the threshold set out in section 38(1). A public authority cannot award a subsidy until it has received such confirmation from the intended recipient of the subsidy (subsection (3)).
	Subsections (4) and (5) sets out the details of the confirmation a public authority is required to give an enterprise receiving a subsidy as set out in section 39(3). Subsections (6) and (7) require the subsidy recipient to keep a written record about subsidies they have received through this exemption for at least three years from the date the subsidy was given.