Overly cautious interpretation of the subsidy control regime by some public bodies can create unnecessary barriers for voluntary organisations, particularly where activity has been designated as “economic” without clear justification. In some circumstances, the lack of consistency has led to grant funding being restricted.

If an organisation disagrees with a public authority’s decision, and how they are treating financial assistance in relation to subsidy control, it is important that they ask in writing for their reasoning.

Organisations may find citing the UK and Scottish Government Guidance if the authority’s conclusions are inconsistent with it, since the authority has a statutory duty to have regard to the Guidance.

Where a voluntary organisation believes it is delivering a service in the public interest that would not otherwise be provided, or would not be provided on the terms required, under normal market conditions, it may also wish to ask whether SPEI treatment has been considered.

If an organisation does not feel that the public authority reasoning fits with the legislation then they may wish to engage with their local Third Sector Interface or the subsidy control unit within the Scottish Government for advice or assistance, or, if necessary, to seek independent legal advice.

The 2022 Act provides a mechanism for subsidy control decisions to be challenged before the Competition Appeal Tribunal, however this only applies where a subsidy has been given (or where the challenger alleges that it has).

A decision to refuse to provide funding, whether on the basis that it is a subsidy or otherwise, can only be challenged in court by way of a judicial review.

[Previous: Voluntary organisations distributing public funding](/support/running-your-organisation/finance-business-management/subsidy-control/voluntary-organisations-distributing-public-funding) [Next: Where to get help & further resources](/support/running-your-organisation/finance-business-management/subsidy-control/where-to-get-help-further-resources)

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## About SCVO

SCVO (Scottish Council for Voluntary Organisations) is the national membership organisation for Scotland's voluntary sector.

Our role is to champion the role of voluntary organisations in Scotland and to support them to do work that has a positive impact.

SCVO supports members and the wider voluntary sector with all aspects of setting up and running a voluntary organisation. SCVO represents the needs and concerns of the voluntary sector to the Scottish government in Holyrood and UK government and Westminster. Through our learning and events programme SCVO offers training and development opportunities to the sector.

Members access an extensive membership benefits package including specialist, in-depth, 1-to-1 guidance from our Information Services team and from professional service partners.

Access to exclusive membership networks (including comms, employers, governance and policy) supports members to grow their connections, stay up to date, exchange ideas and views with peers, and learn through tailored, learning opportunities.

SCVO members enjoy free access to Funding Scotland Premium to stay on top of funding opportunities to support their organisation’s financial resilience.

Discounts and savings savings on SCVO products and services (including our HR service, managed IT support, payroll service and events and training) and partner offers provide members with support to allow them to focus on delivering their organisation’s goals. Further SCVO products and services include [extensive digital support](https://scvo.scot/support/digital), a climate action resource [Growing Climate Confidence](https://climateconfident.scot), a voluntary sector publication [Third Force News](https://tfn.scot) and a voluntary sector jobs and recruitment service [Goodmoves](https://goodmoves.org).

For more information on SCVO membership, visit [SCVO membership](https://scvo.scot/membership)