Grants, Subsidies & State Aid

Grant funding can be an essential form of finance to stimulate growth and innovation in business, and also to tackle social issues such as climate change and inequality. Funding can be available from a number of sources, including Government schemes, local authorities, charities, businesses and philanthropic organisations.

Our team has experience of advising on a wide range of grants, including from central and sub-central government, such as, the Levelling Up Fund, Towns Fund and Future High Street Fund, as well as legacy EU funding programmes, such as the European Development Fund. We also advise on grants between private and third sector bodies.

We draft, review and negotiate the terms and conditions of the provision of grant funding, and advise on any security arrangements in relation to that grant by way of a legal charge or otherwise. Where the grant is to be distributed between delivery partners, we can advise on the arrangements and agreements between the parties to ensure the effective flow down of the grant provisions.

Subsidy Control

The subsidy control rules apply whenever any financial assistance, be it in the form of a grant or otherwise, comes directly or indirectly from public funds. The Subsidy Control Act 2022 has just come into force, introducing a new domestic regime for the assessment and regulation of subsidies.

Our team regularly provides assessments on the application of the subsidy control rules to those applying for public sector grants to support their funding application. We also advise the public and private sector on the compliance of publicly funded projects, ensuring that the project is structured in a manner that is compliant with the subsidy control rules.

Visit the Subsidy Control Bitesize articles to help guide you through the new regime.

EU State aid regime and EU Funding Programmes

Whilst the UK is no longer part of the EU, there are some specific circumstances where the EU Stage aid regime will continue to apply to publicly funded projects. 

This includes legacy EU funding programmes, and any circumstances where the Northern Ireland Protocol applies. Our team can advise on the application of EU State aid rules to your project, including providing assessments and advice on project structuring.

Furthermore, we can advise on the EU regulations and guidance surrounding EU funding programmes (such as ERDF and ESIF), including the specific procurement requirements.