Trust Funds - Investment Strategy
North Ayrshire Council · 18 December 2024
Back to North Ayrshire Council — 18 December 2024 and its agenda
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NORTH AYRSHIRE COUNCIL 18 December 2024 North Ayrshire Council Title: North Ayrshire Council Trust Funds - Investment Strategy 2024/25 Purpose: To seek approval of the Investment Strategy used to manage the external investments of North Ayrshire Council’s Charitable Trusts for 2024/25. Recommendation: That Council approves the North Ayrshire Council Trust Funds Investment Strategy 2024/25. 1. Executive Summary 1.1 The elected members of North Ayrshire Council act as trustees for eight Charitable Trusts which disburse grants to individuals and groups in support of the general purpose of the prevention or relief of poverty by reason of age, ill-health, disability, financial hardship or other disadvantage. 1.2 The Charitable Trusts are composed of bequests made many years ago, some of which include investments designed to generate income to support the disbursement of grants. 1.3 The proposed Investment Strategy 2024/25, attached at appendix 1, has been developed to govern the management of these investment, ensure that all decision have due regard for the suitability to the Trust of the investments and are in compliance with the requirements of the Trusts and Succession (Scotland) Act 2024. 1.4 An assessment of the suitability and performance of all investments will be reported to Council within the Trustees’ Annual Report and Financial Statements after the end of each financial year. 2. Background 2.1 The Council administers a number of Charitable Trusts which are largely composed of bequests made many years ago. These Trusts include three specific bequests, four Town Trusts and the North Ayrshire Council Trust, which incorporates a number of smaller trusts and funds, including the Spiers Trust:
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Charity Number Charity Name Objectives SC042136 Anderson Park Trust Provision of recreational facilities or the organisation of recreational activities in the Burgh of Largs. SC042101 Douglas Sellers Trust Maintenance, improvement and advancement of recreational facilities within the Burgh of Irvine; Maintenance, improvement and floral decoration of open spaces within the Burgh of Irvine. SC042117 Margaret Archibald Bequest Relief of those in need who are aged 65 and over and who reside in the Parish of Dalry. SC043644 North Ayrshire Council (Dalry) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043600 North Ayrshire Council (Kilbirnie & Glengarnock) Charitable Trust) Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043374 North Ayrshire Council (Kilwinning) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043494 North Ayrshire Council (Largs) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC025083 North Ayrshire Council Charitable Trust Encouragement and promotion of education among students, including bursaries and prizes awarded; Provision of recreational facilities or organisation of recreational activities; Upkeep of war memorials. This includes the Spier’s Trust for the administration of Spier's School, Beith and for the provision of certain educational grants and bursaries with the local area of benefit, comprising the parishes of Beith, Dalry, Dunlop, Kilbirnie, Lochwinnoch and Neilston.
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2.2 The Trustees of the Charitable Trusts are the elected members of North Ayrshire Council and are appointed through their election to the Council. Decisions regarding the management of the Trusts have been delegated by the Council to the relevant Locality Partnerships, with the Head of Finance being the designated officer with responsibility for the proper administration of the Charitable Trusts’ financial affairs. 2.3 The Trusts make annual disbursements of grants to groups and individuals in pursuance of the objectives of each Trust. The level of funding available for these grants is normally set at the net annual income of Trust after meeting their expenditure commitments. 2.4 The capital reserves for each Trust are held and invested by North Ayrshire Council with any revenue income generated available for disbursement as grants or, if not disbursed during the financial year, residual balances are invested in North Ayrshire Council’s Loans Fund. 2.5 In addition, two of the Trusts hold specific investments from which additional dividend income is received: Margaret Archibald Bequest Nominal Value (£) Market Value at 31/3/24 (£) GlaxoSmithKline plc 1,183.00 80,851 Marks & Spencer plc 400.00 3,910 Diageo plc 400.40 41,835 Barclays plc 336.00 2,460 Royal Dutch Shell plc 562.50 16,958 Unilever plc 37.00 47,905 British American Tobacco plc 300.00 28,872 Total N/A 222,790 North Ayrshire Council Charitable Trust Nominal Value (£) Market Value at 31/3/24 (£) JPM UK Higher Income Fund 1,789.50 7,516 Merchants Trust 406.25 8,645 Alliance Trust 72.50 35,572 Zeneca Group plc 67.50 28,831 Diageo 217.00 22,673 Total N/A 103,236
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2.6 In accordance with advice issued by OSCR, the Scottish Charity Regulator, and in compliance with the requirements of the Trusts and Succession (Scotland) Act 2024, it is recommended that the Trustees adopt an Investment Strategy which sets out the objectives of all investments and ensures that all decision have due regard for the suitability to the Trust of the investment. 2.7 The attached Investment Strategy 2024/25 sets out the principles which support the Trusts’ values while limiting any impact on financial risks and returns. These principles will ensure that all investments are made on a socially responsible basis with appropriate regard for Environmental, Social and Governance (ESG) issues through the exclusion of investment in any businesses whose activities and practices pose a risk of serious harm to individuals or groups, or whose activities are inconsistent with the Council’s values. 2.8 Following adoption, the full details of the Investment Strategy will be published on the Council website with the assessment and performance of all investments being reported to Council within the Trustees’ Annual Report and Financial Statements after the end of each financial year. 3. Proposals 3.1 It is proposed that Council approves the North Ayrshire Council Trust Funds Investment Strategy 2024/25. 4. Implications/Socio-economic Duty Financial 4.1 The financial implications are as outlined in the report. Human Resources 4.2 None. Legal 4.3 Under the Trusts and Succession (Scotland) Act 2024, Trustees have a duty to review all investment decisions to ensure that due regard has been given to the suitability of the investment taking account of proper advice. This includes the power to take account of non-financial considerations such as ethical, social or environmental factors. Equality/Socio-economic 4.4 The Trust investments managed in accordance with this policy will generate income to be used in the disbursement of grants to individuals and groups in support of the general purpose of the prevention or relief of poverty by reason of age, ill-health, disability, financial hardship or other disadvantage.
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Climate Change and Carbon 4.5 The Strategy seeks to ensure that all investments held on behalf of the Trusts are consistent with the Council’s values and will exclude investment in counterparties which have significant involvement in activities which contribute to carbon intensive industries. Key Priorities 4.6 This report and the Investment Strategy directly support the Council Plan 2023 to 2028 through the embedding of Environmental, Social and Governance considerations in all investment decisions, by maximising financial flexibility to support the delivery of our priorities and developing strong relationships with communities and providing support for community organisations in achieving their goals. Community Wealth Building 4.7 None. 5. Consultation 5.1 Officers from Legal Services and the Council’s Treasury advisors, Arlingclose, were consulted during the development of this Strategy. Mark Boyd Head of Service (Finance) For further information please contact David Forbes, Senior Manager (Strategic Business Partner), on 01294 324551 or DavidForbes@north-ayrshire.gov.uk. Background Papers North Ayrshire Council Charitable Trusts: Unaudited Trustees’ Annual Report 2023/24 – Council, 26 June 2024
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1 | P a g e North Ayrshire Council Trust Funds Investment Strategy 2024/25
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2 | P a g e 1. Purpose 3 2. Aim 3 3. Structure and Governance 3 4. Objectives and Activities 5 5. Time Horizon 6 6. Management of Funds 6 7. Minimum Investment Objective 7 8. Disbursements 7 9. Investment Principles 7 The United Nations Global Compact 8 Exclusions 8 10. Liquidity Profile 9 11. Risk Management 9 12. Foreign Currency 9 13. Investment Portfolio 10 14. Current Portfolio Position 10 15. Performance 10 16. Monitoring 11 17. Review 11
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3 | P a g e 1 Purpose The purpose of this strategy is to formalise the responsibilities of the Trustees in respect of the management of the Charitable Trusts’ assets held by North Ayrshire Council and to translate these responsibilities into an investment strategy which complies with the Trusts and Succession (Scotland) Act 2024 and incorporates best established practice by: • Ensuring that, when investing Charitable Trusts’ assets, Trustees achieve an appropriate balance for the Trust between the two objectives of: o Providing an income to help the Trust carry out its purposes effectively in the short term; and o Maintaining and, if possible, enhancing the value of the invested funds, to enable the Trust to effectively carry out its purposes in the longer term. • Ensuring that the following requirements, as defined in the Trusts and Succession (Scotland) Act 2024, are followed whether they are using the investment powers in the Act or not: o The trustees shall have regard to the suitability to the Trust of the proposed investment, o The trustees shall have regard to the need for diversification of investments of the Trust, in so far as is appropriate to the circumstances of the Trust, and o The trustees take account of ethical, social and environmental consideration in determining which investment to make. This strategy meets these requirements fully and applies to all staff, trustees and those who are involved in planning or authorising investment of Charitable Trusts’ assets. 2 Aim The aim is to use the investments of Charitable Trusts’ assets to support the Trust’s values and the aims of prevention or relief of poverty by reason of age, ill-health, disability, financial hardship or other disadvantage. To this end, the strategy sets out investment principles which support this mission subject to there being no significant impact upon financial risk and returns. 3 Structure and Governance There are 8 Charitable Trusts currently registered with the Office of Scottish Charity Regulator (OSCR). The governing documents are:
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4 | P a g e Charity Number Charity Name Governing Document Dated SC042136 Anderson Park Trust Trust Disposition and Settlement 8 July 1960 SC042101 Douglas Sellers Trust Trust Disposition and Settlement 21 January 1955 SC042117 Margaret Archibald Bequest Trust Deed 22 July 1992 SC025083 North Ayrshire Council Charitable Trust No overall governing documents. N/A SC025083 North Ayrshire Council Charitable Trust Spier’s Trust: Trust Scheme 1978 SC025083 North Ayrshire Council Charitable Trust North Ayrshire Museum: Scheme of Administration 1958 SC025083 North Ayrshire Council Charitable Trust North Ayrshire Museum: Minute of Agreement 1974 SC043644 North Ayrshire Council (Dalry) Charitable Trust Trust Deed 26 November 2012 SC043600 North Ayrshire Council (Kilbirnie & Glengarnock) Charitable Trust Trust Deed 23 October 2012 SC043374 North Ayrshire Council (Kilwinning) Charitable Trust Trust Deed 20 July 2012 SC043494 North Ayrshire Council (Largs) Charitable Trust Trust Deed 7 September 2012 When considering any action in connection with the Charitable Trusts, the Trustees, and their agents, must act in the interest of the Charitable Trust. The Trustees of the Charitable Trusts are the elected members of North Ayrshire Council and appointment is by virtue of election to the Council. There is no recruitment process.
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5 | P a g e The Head of Finance is the designated officer within North Ayrshire Council with responsibility for the proper administration of the Charitable Trusts’ financial affairs. The Head of Finance is responsible for keeping proper accounting records that are up to date and which ensure that financial statements comply with the Charities Accounts (Scotland) Regulations 2006. Contact Address North Ayrshire Council Finance Cunninghame House Irvine KA12 8EE Auditor Audit Scotland 4th Floor, South Suite The Athenaeum Building 8 Nelson Mandela Place Glasgow G2 1BT 4 Objectives and Activities The Charitable Trusts were originally established for a variety of purposes related to the general purpose of the prevention or relief of poverty by reason of age, ill-health, disability, financial hardship or other disadvantage. Income received is expended on grant awards and, where necessary, supplemented by revenue reserves. Charity Number Charity Name Objectives SC042136 Anderson Park Trust Provision of recreational facilities or the organisation of recreational activities in the Burgh of Largs. SC042101 Douglas Sellers Trust Maintenance, improvement and advancement of recreational facilities within the Burgh of Irvine; Maintenance, improvement and floral decoration of open spaces within the Burgh of Irvine. SC042117 Margaret Archibald Bequest Relief of those in need who are aged 65 and over and who reside in the Parish of Dalry.
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6 | P a g e Charity Number Charity Name Objectives SC025083 North Ayrshire Council Charitable Trust Encouragement and promotion of education among students, including bursaries and prizes awarded; Provision of recreational facilities or organisation of recreational activities; Upkeep of war memorials. SC043644 North Ayrshire Council (Dalry) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043600 North Ayrshire Council (Kilbirnie & Glengarnock) Charitable Trust) Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043374 North Ayrshire Council (Kilwinning) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. SC043494 North Ayrshire Council (Largs) Charitable Trust Prevention or relief of poverty; Provision of recreational facilities or the organisation of recreational activities; Relief of those in need by reason of age, ill health, disability, financial hardship or other disadvantage. 5 Time Horizon The time horizon for the investment portfolio is considered to be long term. In investment terms, this is defined as being over ten years. 6 Management of Funds The Trustees rely on the expertise of finance staff within North Ayrshire Council to advise on investments to ensure the maximum return and the least risk to the Trusts. In this way, the income stream for the long-term future benefit of the Trusts is protected. The funds of the Charities are deposited with North Ayrshire Council, although do not represent assets available to the Council, or invested in stocks and shares in a variety of companies.
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7 | P a g e Decisions regarding the management of the Trusts have been delegated by the Council to the relevant Locality Partnership. 7 Minimum Investment Objective The minimum investment objective is to preserve the capital and income in the investment portfolio in real terms after inflation and distributions. The measure of inflation is the Consumer Price Index. 8 Disbursement The Charitable Trusts promote their activities and consider applications submitted by individuals and groups who meet the criteria. North Ayrshire Council works within our communities to raise awareness of the financial support available from the Charitable Trusts and encourage appropriate applications from community groups and individuals. Where any Trusts have been identified as low value or dormant, North Ayrshire Council will continue to identify options for utilising Trust balances, and these will be presented to Trustees when available. Reserves are held by North Ayrshire Council on behalf of the Trusts and revenue income generated from capital which has not been disbursed at 31 March each year is invested in North Ayrshire Council’s Loans Fund. 9 Investment Principles North Ayrshire Council is committed to investing funds on a socially responsible basis. The Council believes that to accord with its values when investing funds, regards must be made to Environmental, Social and Governance (ESG) issues. Environmental, Social and Governance (ESG) considerations are increasingly a factor in global investors’ decision making, but the framework for evaluating investment opportunities is still developing. As a result, the Council’s ESG policy does not currently include ESG scoring or other real-time ESG criteria at an individual investment level. When investing in banks and funds, the Council will prioritise banks that are signatories to the UN Principles for Responsible Banking and funds operated by managers that are signatories to the UN Principles for Responsible Investment, the Net Zero Asset Managers Alliance and/or the UK Stewardship Code. A list of ESG Initiative signatories is updated quarterly by the Council’s treasury advisor, Arlingclose, to support the Council’s decision-making process for investing.
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8 | P a g e The United Nations Global Compact The Council supports the ten principles of the United Nations Global Compact, which accepts that, as with the Council itself, corporate sustainability starts with a value system and a principles-based approach to doing business. This means operating in ways that, at a minimum, meet fundamental responsibilities in the areas of human rights, labour, environmental and anti-corruption. Human Rights Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and Principle 2: Make sure that they are not complicit in human rights abuses. Labour Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining: Principle 4: The elimination of all forms of forced and compulsory labour; Principle 5: The effective abolition of child labour; and Principle 6: The elimination of discrimination in respect of employment and occupation. Environment Principle 7: Businesses should support a precautionary approach to environmental challenges; Principle 8: Undertake initiatives to promote greater environmental responsibility; and Principle 9: Encourage the development and diffusion of environmentally friendly technologies. Anti-Corruption Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery. In managing investments, North Ayrshire Council encourages good behaviour and discourages poor behaviour through the screening of investments using the principles above. In doing so, the Council will promote sustainability, good business ethics, good employment practices and the transition to a low carbon economy. Exclusions The Council will not knowingly invest directly in businesses whose activities and practices pose a risk of serious harm to individuals or groups, or whose activities are inconsistent with the Council’s values.
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9 | P a g e The Council will exclude investments from consideration where there are consistent or significant transgressions of the appropriate regulatory framework or a failure to ignore directions of the regulatory body and investments in counterparties which have significant involvement with any of the activities or business practices on the following exclusions list: Human Rights and Labour • Breaches of human rights principles • Breaches of international labour standards • Supports/are part of oppressive regimes • Modern slavery • Poor Health and Safety records Environment • Toxic spills and releases • Negative impact on land use, habitats and biodiversity • Contributes to carbon intensive industries • Causes water resource scarcity • Poor supply chain management • Animal testing for cosmetic purposes/unnecessary exploitation of animals Governance • Bribery/ fraud/ corruption • Violation of international intellectual property rights • Unethical market behaviour and business practices 10 Liquidity Profile The portfolio has a long-term time horizon. However, sufficient investments in the portfolio should be easily realisable, so that there is sufficient liquidity to meet any obligations and disbursements. 11 Risk Management North Ayrshire Council’s objective when investing money on behalf of the Charitable Trusts is to strike an appropriate balance between risk and return, minimising the risk of incurring losses from defaults and the risk of receiving unsuitably low investment income. 12 Foreign Currency North Ayrshire Council does not, on a day-to-day basis, have foreign currency transactions or receipts. Unexpected receipt of foreign currency will be converted to Sterling at the earliest opportunity.
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10 | P a g e If North Ayrshire Council has a contractual obligation to make a payment in a currency other than Sterling then forward foreign exchange transactions will be considered, with professional advice. At the present time statute prevents North Ayrshire Council borrowing in currencies other than Sterling. North Ayrshire Council has also determined that all its investments, including those for Charities and Trusts, will be in Sterling. 13 Investment Portfolio To achieve the desired return without taking excessive risk, the investments are allocated across a range of asset classes. This includes stocks, fixed assets and investment with North Ayrshire Council. Asset Class at 31 March 2024 Total £ Asset Allocation Fixed Assets 110,000 17% Investments 326,026 51% Cash invested with NAC on behalf of the Trusts 203,989 32% Total 640,015 100% 14 Current Portfolio Position Balance Sheet at 31 March 2024 North Ayrshire Charitable Trust £ Town Trusts £ Douglas Sellers Trust £ Anderson Park Trust £ Margaret Archibald Bequest £ Total £ Fixed Assets 110,000 0 0 0 0 110,000 Investments 103,236 0 0 0 222,790 326,026 Cash invested with NAC on behalf of the Trusts 96,590 44,861 162 22 62,354 203,989 Total 309,826 44,861 162 22 288,542 640,015 15 Performance North Ayrshire Council will monitor the performance of the investment portfolio against the Bank Rate Forecast on a quarterly basis. Investment decisions will be subject to review on a quarterly basis in response to changes in environmental and social circumstances.
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11 | P a g e Annual performance updates are received for the investment funds the Charitable Trusts’ funds are currently invested in and such performance will be reported annually within the Trustees’ Annual Report and Financial Statements published by North Ayrshire Council. 16 Monitoring In order to implement and monitor adherence to this strategy North Ayrshire Council will: • publish this investment strategy on its website following its approval by Council; • apply this strategy at the point of investment; • monitor investments thereafter, to review the operation and the effectiveness of the strategy; and • report progress annually, including any breaches, within the Trustees’ Annual Report and Financial Statements. 17 Review The Trustees’ Annual Report and Financial Statements will be reported to Council as soon as practicable after the financial year end, and in all cases, before the end of September. An administrative review of this policy will be undertaken annually and a full review by Trustees will be carried out every 3 years. Date Published Version