Part 3: Exemptions Chapter 2: Minimal and SPEI financial assistance Section 42: Chapter 2: supplementary and interpretative provision
Subsection (1) allows the Secretary of State to make regulations subject to the affirmative resolution procedure to:
amend the value thresholds for the ‘minimal financial assistance’ and ‘SPEI assistance’ exemptions as well as the transparency threshold for subsidies given to SPEI enterprises;
provide for a lower value threshold for the ‘minimal financial assistance’ and ‘SPEI assistance’ exemptions, and the transparency threshold for subsidies given to SPEI enterprises, in the case of particular descriptions of subsidy ;
amend the transparency thresholds for ‘minimal financial assistance’ and ‘SPEI assistance’; and
amend the transparency thresholds for ‘minimal financial assistance’ and ‘SPEI assistance’ in the case of particular descriptions of subsidy.
	The power under subsection (1)(a) may be used to increase the thresholds up to the amounts specified under subsection (2), which are the amounts currently specified in the TCA. This is without prejudice to section 31 of the Future Relationship Act 2020 which allows the Secretary of State to make regulations to amend legislation in response to changes in the TCA.
	Subsections (4) and (5) provide that regulations that amend the transparency threshold amounts for ‘minimal financial assistance’ and ‘SPEI assistance’ may not specify an amount exceeding the thresholds specified in sections 36(1) and 38(1), which are the thresholds under which ‘minimal financial assistance’ and ‘SPEI assistance’ may be given.
	Subsection (8) defines ‘minimal or SPEI financial assistance’. This sets out the different categories of subsidies that should cumulate as part of determining whether the value threshold for the ‘minimal financial assistance’ and ‘SPEI assistance’ exemptions have been breached.