Where a voluntary organisation distributes public resources on behalf of a public authority, the legal responsibility for compliance will generally remain with the public authority not the voluntary organisation. However, if the voluntary organisation is exercising both functions of a public nature in its capacity as a distributor of public funds, and discretion in terms of which recipients it provides funding to, then it will require to ensure the distribution of those funds complies with the subsidy control regime.
Voluntary organisations will also need to adhere to the conditions of the subsidy or scheme that are set by the public authority as recipients of subsidies.
Voluntary organisations distributing public funding should seek clarity on their respective roles and responsibilities, ensure any obligations placed upon them are clearly reflected in the relevant funding agreement, and raise any uncertainty about subsidy control requirements with the relevant public authority.