UK subsidy control

State aid—weekly round-up 21 May 2025

A round-up of key developments on State aid, first reported by the Lexis+ Competition team. This update covers the period 14-20 May 2025

EHRC publishes consultation on amendments to CoP on services, public functions and associations

The Equality and Human Rights Commission (EHRC) has published a consultation on changes to its Code of Practice for services, public functions and associations (the Code), following the Supreme Court’s judgment of 16 April 2025 in For Women Scotland v Scottish Ministers on the definition of ‘sex’ for the purposes of the Equality Act 2010. A draft of the full Code was consulted on between October 2024 and January 2025 and as such, the latest consultation will focus on the sections of the Code which are affected by the Supreme Court judgment. The consultation closes on 30 June 2025.

Welsh Government publishes 10th annual Law Commission implementation report

The Welsh Government has published its tenth annual report on the implementation of Law Commission proposals relating to Welsh devolved matters to the Senedd. In accordance with section 3C of the Law Commissions Act 1965, as amended by section 25 of the Wales Act 2014, the Welsh Ministers are required to report annually on the extent of such implementation. This report, covering the period from 15 February 2024 to 14 February 2025, provides an update on several key legislative initiatives recommended by the Law Commission, including the passage of the Automated Vehicles Act 2024 and the Leasehold and Freehold Reform Act 2024, as well as the introduction of the Disused Mine and Quarry Tips (Wales) Bill. It also details the continuing progress on proposals relating to devolved tribunals, electoral law and planning law, thereby demonstrating the ongoing value of the Law Commission’s recommendations to the work of the Welsh Government.

Cabinet Office updates Procurement Act 2023 guidance on utilities and exempted contracts

The Cabinet Office has updated its guidance on utilities contracts and exempted contracts under the Procurement Act 2023 (PA 2023). The main substantive changes incorporate guidance on calculation provisions included in the Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025. The utilities contracts guidance includes new material at paragraphs 31–43, about calculations relating to the ‘turnover test’ under regulation 42C of the Procurement Regulations 2024 (PR 2024), SI 2024/692. The turnover test is used to determine whether a supplier is affiliated to a utility for the purposes of the exemption in PA 2023, paragraph 6(3) of Schedule 2. The exempted contracts guidance includes new material at Annex B, on the tests for calculation of activities for vertical and horizontal arrangements, including guidance on the ‘attributable turnover’ and ‘non-attributable turnover’ calculations set out in PR 2024, SI 2024/692, regs 42A and 42B.