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Referral of the proposed subsidy to CalMac Ferries Limited by Transport Scotland

Competition Markets Authority

December 17
13:00 2024

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Administrative timetable

Date Action
17 December 2024 Final report published
19 November 2024 Deadline for receipt of any third-party submissions
5 November 2024 Beginning of reporting period

Final report

17 December 2024: The SAU has published its report providing advice to Transport Scotland concerning the proposed subsidy to CalMac Ferries Limited. The report sets out the SAUs evaluation of Transport Scotlands Assessment of Compliance of its proposed subsidy with the requirements set out in the Subsidy Control Act 2022.

Request from Transport Scotland

5 November 2024: The SAU has accepted a request for a report from Transport Scotland concerning the proposed subsidy to CalMac Ferries Limited. This request relates to a Subsidy of Particular Interest (SoPI).

The SAU will prepare a report, which will provide an evaluation of Transport Scotlands assessment of whether the subsidy complies with the subsidy control requirements (Assessment of Compliance). The SAU will complete its report within 30 working days.

Information about the subsidy provided by Transport Scotland

Transport Scotland is proposing to provide a subsidy to CalMac Ferries Limited for the running of Clyde and Hebrides Ferry Services (CHFS) between the neighbouring islands and the mainland. The estimated total subsidy is 3.7 billion over a period of 10 years. This subsidy level has been calculated on the basis of cost estimates of providing the lifeline ferry services over that period.

The policy objective of the subsidy is focussed on ensuring that the island/peninsula communities on the CHFS network are provided with a service that is accessible, reliable, convenient and will provide adequate resilience to those communities.

As part of the subsidy assessment, Transport Scotland has concluded that the subsidy is an SoPI. Transport Scotland also considers the subsidy to be for a service of public economic interest (SPEI).

The grant is being awarded pursuant to the exemption for in-house contractual arrangements provided for in Regulation 13(1) of the Public Contracts (Scotland) Regulation 2015 (as amended) (the Teckal Exemption).

Transport Scotland has said the the subsidy is not subject to an exemption under sections 43-51 of the Subsidy Control Act (SCA) 2023.

Information for third parties

If you wish to comment on matters relevant to the SAUs evaluation of the Assessment of Compliance concerning the proposed subsidy to CalMac Ferries Limited, please send your comments on the date stipulated in the timetable above. For guidance on representations relevant to the Assessment of Compliance, see the section on reporting period and transparency in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Please send your submissions to the public authority chfs3@transport.gov.scot.

Please also provide a contact address and explain in what capacity you are making the submission (for example, as an individual or a representative of a business or organisation).

Notes to third parties wishing to make a submission

The SAU will only take your submission into account if it can be shared with Transport Scotland. The SAU will send a copy of your submission to Transport Scotland together with its report. This is to allow the public authority to take account of the submission in its decision as to whether to grant or modify the subsidy or its assessment. We therefore ask that you provide express consent for your full and unredacted submission to be shared. We also encourage you to share your submission directly with the Transport Scotland using the email address provided above.

The SAU may use the information you provide in its published report. Therefore, you should indicate in your submission whether any specified parts of it are commercially confidential. If the SAU wishes to refer in its published report to material identified as confidential, it will contact you in advance.

For further details on confidentiality of third party submissions, see identifying confidential information in the Operation of the subsidy control functions of the Subsidy Advice Unit.

Contacts

Please send written representations about any competition or public interest to: general.enquiries@cma.gov.uk.

Updates to this page

Published 6 November 2024
Last updated 17 December 2024 +show all updates
  1. Final report published.

  2. First published.

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