Public Sector bodies are bound by certain rules and regulations when purchasing goods, works and services or when giving financial assistance to businesses. The rules on Subsidy Control are complex and for businesses contracting with the public sector, it can often be difficult to know whether the purchasing body has broken those rules.
Whether you are a public body or a bidder, our team can steer you through these complex issues. We have considerable knowledge and experience in subsidy control matters to guide you through the process and check your documentation to ensure that it is compliant.
Our lawyers advise public sector clients on the Subsidy Control regime, helping them design compliant funding measures, whether through application of a block exemption or approved aid scheme, or through a commercial public sector investment no aid route.
For public sector bodies, you will want to make absolutely sure that all of your purchasing procedures comply with these rules, and if challenged that you have a robust defence or justification for your procurement decisions and strategy.
Where clearance is required, we are on hand to assist with this process.
We help private sector clients understand how Subsidy Control affects their projects and what it means in practice.
If a public body may have breached the rules, we can assess the situation, explore resolution options or support litigation. Strict time limits apply to procurement challenges, so early legal advice is essential. Subsidy Control doesn’t have to stop your project. We’ll explain the implications, outline next steps and help find workable solutions.
Our team combines deep legal expertise with practical insight to help clients navigate the complex rules around Subsidy Control. Whether you're assessing funding arrangements, managing risk in public sector contracts or considering a challenge, our specialists provide clear, actionable advice tailored to your needs.
Following a somewhat turbulent time for health and social care reform, the Care Reform (Scotland) Act 2025 received Royal Assent on 22 July 2025. This follows the scaling back of the plan to create a new National Care Service in Scotland under the National Care Service Bill.
Whilst the Care Reform (Scotland) Act 2025 (the Act) covers a number of care-related areas, this short briefing focuses on what the Act will mean for the commissioning and procurement of health and social care services in Scotland, once the relevant provisions come into force.
CAT ruling in Weis v GMCA offers key guidance on applying the Commercial Market Operator principle under the Subsidy Control Act 2022, with important implications for public sector lending.
Community Asset Transfer (“CAT”) is a statutory right under the Community Empowerment (Scotland) Act 2015. It enables community organisations to request the ownership, lease, or management of publicly owned land or buildings, with the intention of delivering long-term benefits for the local community. This mechanism is especially relevant for charities seeking to expand, provide new services, or secure premises. Importantly, the request must be granted by the relevant authority unless there are reasonable grounds for refusal.
From tracking down fly-tippers to clearing overflowing bins, waste management is one of the most visible, and often scrutinised, functions of our public services. It’s also a frequent ‘headache headline’ for councils across the UK. As local authorities in Scotland grapple with budget constraints and rising demand, artificial intelligence (AI) is changing the way waste services are delivered. The technology holds real promise, but its implementation in the public sector is far from straightforward.
