Pre-action information requests made under Section 76 of the Subsidy Control Act 2022
17th June, 2026
At Ward Hadaway we have seen a sharp increase in the number of requests made under Section 76 of the Subsidy Control Act 2022. These pre-action information requests allow an 'interested party' to apply for information to determine whether a subsidy or subsidy scheme has been awarded in line with the Subsidy Control Act 2022 and therefore to reach an informed decision as to whether to bring proceedings in the Competition Appeal Tribunal.
Who can bring a Section 76 request under Subsidy Control law?
Only an “interested party” can bring proceedings under Section 70(1) of the Subsidy Control Act 2022 (the “Act“) or make a pre-action information request under Section 76 of the Act.
Under Section 70(7) of the Act an “interested party” is any party whose interests may be affected by the giving of the subsidy or the making of the subsidy scheme. This will usually be a competitor of the recipient, but can also include trade associations, public authorities representing regions which may be adversely affected by the measure, and the Secretary of State.
What information must a Section 76 request contain?
Under Section 76(2) a request must be (a) in writing and (b) state that it is being made only for the purpose of deciding whether to apply for a review of the decision to award the subsidy / establish the subsidy scheme.
When must a Section 76 request be submitted?
The Competition Appeal Tribunal will only hear cases that are brought within the time limits prescribed at rule 98A of the Competition Appeal Tribunal Rules 2015 (as amended by Section 71 of the Act). A Section 76 request which is submitted outside these time limits will not be valid, because it will not be for the purpose of deciding whether to apply for a review.
How should a public authority respond to a Section 76 request?
The Act imposes a “duty to provide pre-action information” in writing and within 28 days of the request for information being submitted.
The public authority is required to provide “such information as would enable, or assist in, the making of a determination as to whether the subsidy was given, or the scheme was made, in accordance with the requirements of Chapters 1 and 2 of Part 2” of the Act.
This duty is subject to conditions set out at Section 76(5) of the Act. These address commercially sensitive information, confidential information, information which is subject to legal privilege and information which it would be contrary to the public interest to disclose. Under Section 76(6) the recipient of the information may only use the information for the purpose which it was disclosed and subject to any conditions arising from Section 76(5) of the Act.
Common mistakes made in regard to Section 76 requests
Parties submitting a Section 76 pre-action information request need to consider whether their request will fall within scope and thereafter satisfy the form of request required under the Act. This involves considering whether they do constitute an interested party, are submitting the claim within the required timescales and then ensuring that they word the request correctly.
Public authorities need to be mindful that their response (or refusal) of a Section 76 pre-action information request may well form part of a case in the Competition Appeal Tribunal. Therefore the rejection of a request or the imposition of qualifications and conditions should only be undertaken where there are clear grounds under the Act.
Conclusion
The increase in Section 76 pre-action information requests is perhaps unsurprising given the increase in the number of Subsidy Control cases brought in the Competition Appeal Tribunal and the Court of Appeal. If you’re composing a Section 76 request or in receipt of a Section 76 request, we are on hand to assist you.
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Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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