Part 6: Miscellaneous and general Chapter 1: Miscellaneous Schedule 3: Subsidies provided by primary legislation
Schedule 3 deals with the application of this Act in the case of subsidies provided by means of primary legislation. This may occur, for example, where an Act grants a subsidy or makes a scheme on its face, or places prescriptive spending provisions which would amount to a subsidy. This would not otherwise capture broad powers to grant financial assistance which are to be exercised at the discretion of a public authority.
	The Schedule primarily deals with application to devolved primary legislation (i.e. Acts of the Scottish Parliament, Acts or Measures of Senedd Cymru, or Acts of the Northern Ireland Assembly). It is a constitutional principle that one Act of UK Parliament cannot bind future Acts of Parliament. This instrument does not purport to restrict the ability of the UK Parliament to pass Acts in the future that directly grant subsidies but does require Ministers (or HMRC Commissioners) to place any subsidy measures on the subsidy database.
	Paragraphs 2 to 5 set out relevant definitions for the purpose of this Schedule.
	Paragraph 6 applies Chapter 1 of Part 2 (principles) to subsidies or schemes provided by means of devolved primary legislation. In any proceedings, the appropriate court would be required to consider provisions by reference to the considerations and views of the promoter of the proposed legislation (that is, Ministers or other members of the devolved legislature introducing an Act, or members who lodge amendments amounting to subsidies). Court proceedings in relation to such cases would be heard in the Court of Session, High Court in England and Wales, or High Court in Northern Ireland, as relevant, rather than the Competition Appeal Tribunal as in Part 5 of the Act.
	Paragraph 7 makes similar provision for Chapter 2 of Part 2 (prohibitions and other requirements) and Part 3 (exemptions), together with technical modifications to certain provisions in those Parts to ensure that they operate properly. The paragraph disapplies section 37 (minimal financial assistance procedural requirements) and section 39 (services of public economic interest assistance procedural requirements) for this purpose.
	Paragraph 8 requires Scottish Ministers, Welsh Ministers or a Northern Ireland department (as relevant) to place subsidy measures, or modifications to subsidies and subsidy schemes, in primary legislation on the subsidy database (in conformity with Chapter 3 of Part 2). This also applies to Ministers of the Crown or the Commissioners for HMRC in relation to a subsidy measure or modification to a subsidy or subsidy scheme in an Act of Parliament.
	Paragraph 9 enables voluntary referrals to the CMA in respect of subsidies of interest, or subsidies of particular interest, in proposed primary legislation (devolved or UK). Mandatory referrals (for subsidies of particular interest or following a Secretary of State call-in direction) do not apply in respect of subsidies in primary legislation.
	Paragraph 10 applies (and makes modifications to) section 74 to enable the appropriate courts to make recovery orders, requiring Scottish Ministers, Welsh Ministers or NI Department (as relevant) to recover a subsidy provided by means of devolved primary legislation.
	Paragraph 11 requires Scottish Ministers, Welsh Ministers or a Northern Ireland Department to provide pre-action information within the meaning of section 76 to interested parties ahead of any proceedings.
	Paragraph 12 makes explicit that the power to make consequential provisions in section 86 includes power to make provisions for similar time limits for proceedings in the Court of Session or High Court, as in section 71 for proceedings in the CAT.