Public reports pack
Argyll and Bute Council · 30 March 2023
Back to Oban Common Good Fund — 30 March 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 23 March 2023 NOTICE OF MEETING A meeting of the OBAN COMMON GOOD FUND will be held MICROSOFT TEAMS on THURSDAY, 30 MARCH 2023 at 2:00 PM, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES 2. DECLARATIONS OF INTEREST 3. MINUTES OF MEETING (a) Minutes of Oban Common Good Fund - 22 November 2022 (Pages 3 - 8) 4. REPORT ON CHARITIES REGISTRATION Report by Executive Director with responsibility for Governance (Pages 9 - 12) E1 5. INCOME AND EXPENDITURE REPORT (Pages 13 - 14) E1 6. END OF PROJECT MONITORING E1 (a) McDougall of Dunollie Preservation Trust (Pages 15 - 16) E1 (b) Oban FM (Pages 17 - 18) E1 (c) Oban Gaelic Choir (Pages 19 - 22) E1 (d) Oban Mountain Rescue (Pages 23 - 26) E1 (e) Oban Pride (Pages 27 - 30) E1 7. NEW APPLICATIONS (Pages 31 - 32) E1 (a) Highlands & Islands Music Dance Festival (Pages 33 - 56) E1 (b) Lorn and Oban Healthy Options (Pages 57 - 138) E1 (c) Oban War Memorial Centenary Group (Pages 139 - 150) Public Document Pack
Page 2
E1 (d) Port of Oban Cruise Group (Pages 151 - 172) E1 (e) Soroba Community Enterprise Ltd (Pages 173 - 182) 8. DATE OF NEXT MEETING The Trustees will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973. The appropriate paragraph is:- E1 Paragraph 6 Information relating to the financial or business affairs of any particular person (other than the authority). Oban Common Good Fund Councillor Kieron Green Councillor Andrew Kain (Chair) Councillor Jim Lynch Councillor Luna Martin Contact: Melissa Stewart, Governance Officer, Kilmory, Lochgilphead (Tel. No. 01546 604331)
Page 3
MINUTES of MEETING of OBAN COMMON GOOD FUND held by MICROSOFT TEAMS on TUESDAY, 22 NOVEMBER 2022 (RECONVENED ON MONDAY, 28 NOVEMBER 2022) Present: Councillor Andrew Kain (Chair) Councillor Kieron Green Councillor Jim Lynch Councillor Luna Martin(22 November meeting only) Attending: Melissa Stewart, Governance Officer (22 November meeting only) Shona Barton, Governance Manager (28 November meeting only) 1. APOLOGIES Apologies were intimated on behalf of Marri Malloy and Provost Margi Campbell. 2. DECLARATIONS OF INTEREST Councillor Jim Lynch declared a non-financial interest Item 7g as he is a member of the Bid4Oban Board. He left the meeting during discussions with Bid4Oban and again when the application was considered. 3. MINUTES OF MEETING (a) Minutes of Oban Common Good Fund - 3 August 2022 The minute of the Oban Common Good Fund 3 August 2022 were approved as a correct record. 4. AUDITED ACCOUNTS 2021/22 The Trustees considered the audited annual accounts of the Oban Common Good Fund for 2022/22. Decision The Trustees approved the annual accounts. (Ref: Financial Statement by Simmers & Co dated 31 March 2022, submitted) The Trustees resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public for the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 6 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973. Page 3 Agenda Item 3a
Page 4
Councillor Lynch, having declared an interest in the application by Bid4Oban, left the meeting at this point and took no part in the discussion. The Trustees had invited Mr Andrew Spence, Bid4Oban, to attend the meeting to speak to the funding application submitted. The Trustees heard from Mr Spence and took the opportunity to raise any questions. Mr Spence left the meeting and Councillor Lynch re-joined. E1 5. INCOME AND EXPENDITURE REPORT A financial statement detailing the current position of investment transaction for the period 1st April 2022 – 31st October 2022 was considered. Decision The Trustees noted the income and expenditure report. (Ref: Report by Simmers & Co for period ending 31 October 2022, submitted) E1 6. END OF PROJECT MONITORING (a) Oban Bowling Club The Trustees were invited to consider the End of Project Monitoring Form from the Oban Bowling Club.. Decision The Trustees noted the end of project report. (Ref: End of Project Monitoring Form, submitted) (b) Oban Community Council The Trustees were invited to consider the End of Project Monitoring Form from the Oban Community Council. Decision The Trustees noted the end of project report. (Ref: End of Project Monitoring Form, submitted) (c) Oban Winter Festival The Trustees were invited to consider the End of Project Monitoring Form from the Oban Winter Festival. Page 4
Page 5
Decision The Trustees noted the end of project report. (Ref: End of Project Monitoring Form, submitted) E1 7. NEW APPLICATIONS (a) Family Mediation Argyll and Bute The Trustees considered the application submitted by Family Mediation Argyll and Bute. Decision: It was unanimously agreed to award the full amount applied for of £1780.30. (Reference: application submitted by Family Mediation Argyll and Bute) (b) MacDougall of Dunollie Preservation Trust The Trustees considered the application submitted by MacDougall of Dunollie Preservation Trust. Decision: It was unanimously agreed to award the MacDougall of Dunollie Preservation Trust the full grant applied for of £885.00. (Reference: Application by MacDougall of Dunollie Preservation Trust, submitted) (c) Oban Gaelic Choir The Trustees considered an application submitted by Oban Gaelic Choir. Decision: The Trustees unanimously agreed to pay £250 towards expenses incurred by the Oban Gaelic Choir at the event in St John’s Cathedral on 25th November 2022. (Reference: Application by Oban Gaelic Choir submitted) (d) Oban High School Pipe Band The Trustees considered an application made by Oban High School Pipe Band. Page 5
Page 6
Decision: The Trustees unanimously agreed a contribution of £1300. (Reference: Application by Oban High School Pipe Band submitted) (e) Oban Mountain Rescue The Trustees considered an application made by Oban Mountain Rescue. Decision: The Trustees continued the application as they did not feel that they had sufficient information on which to base their decision and asked the Governance Officer to contact the Group to regarding their financial commitments. (Reference: Application by Oban Mountain Rescue submitted) (f) Oban Winter Festival The Trustees considered an application made by the Oban Winter Festival. Decision: After careful consideration by the Trustees the application was rejected as it did not meet the application distribution policy or criteria. (Reference: Application by Oban Winter Festival, submitted) (g) Bid 4 Oban Councillor Jim Lynch left the call as he had earlier declared a non- financial interest in the application by Bid4Oban. The Trustees heard earlier in the meeting from Andrew Spence of Bid4Oban regarding the development plan and expenditure of this year’s Christmas Lights. The infrastructure to allow installation of lights has exceeded its lifespan and capital investment to allow the catenary wiring to be replaced and extended is necessary. The new wiring if maintained properly should last between 15 – 20 years and should reduce the annual costs of festive lighting. Decision: After careful consideration the Trustees unanimously agreed to award Bid4Oban £10,000 towards the capital investment. (Reference: application submitted by Bid4Oban Page 6
Page 7
8. DATE OF NEXT MEETING The Trustees agreed to hold their next meeting on Thursday 30th March at 2.00pm by TEAMS. 9. OBAN COMMON GOOD FUND MEETING RECONVENED The Trustees reconvened on 28th November 2022 to consider the continued application from Oban Mountain Rescue, having now received the further information that was requested regarding their financial commitments. Decision The Trustees agreed to award the full amount of £4737.06 towards the purchase of five radio receivers. Page 7
Page 8
This page is intentionally left blank
Page 9
ARGYLL AND BUTE COUNCIL OBAN COMMON GOOD FUND CUSTOMER SERVICES 30 MARCH 2023 PROPOSED DE-REGISTRATION OF OBAN COMMON GOOD FUND FROM THE CHARITIES REGISTER 1.0 EXECUTIVE SUMMARY Notification has been received from OSCR of the intention to de-register the Oban Common Good Fund with effect from 31 March 2023. OSCR base their decision on their assessment of whether the charity is a ‘body’ and whether the charity only has charitable purposes. They conclude that the Oban Common Good fund is not a ‘body’ with a constitution distinct and separate from the Council and that while the fund may be used for charitable purposes, it is not confined to doing so, taking the view that the single requirement for administering common good funds is in “having regard to the interests of the inhabitants of the area to which the Common Good formerly related”. While the decision can be challenged, the reasons for initially registering the Fund as a charity were to maximise the return on investment generating more income for distribution. The benefits previously gained are no longer applicable meaning there is no direct financial benefit and therefore there do not appear to be any grounds to challenge this decision. On this basis it is suggested that the Trustees note the decision to de-register, and consider whether in light of this they wish to review the application and distribution criteria. Page 9 Agenda Item 4
Page 10
ARGYLL AND BUTE COUNCIL OBAN COMMON GOOD FUND CUSTOMER SERVICES 30 MARCH 2023 PROPOSED DE-REGISTRATION OF OBAN COMMON GOOD FUND FROM THE CHARITIES REGISTER 2.0 INTRODUCTION 2.1 This report advises trustees of the notice of an intention to remove the Oban Common Good Fund from the Scottish Charity Register, it being the view of OSCR, who regulate such matters, that the fund does not meet the charity test. 3.0 RECOMMENDATIONS 3.1 To note the notice for removal from the Scottish Charity Register that will come into effect at the end of the current financial year and to consider whether to make changes to the application and distribution criteria as a result of the de-registration. 4.0 DETAIL 4.1 OSCR have provided advance notice to Argyll and Bute Council of their intention to remove the Oban Common Good Fund from the Scottish Charity Register, and that they intend for this date of removal to take effect from 31 March 2023 to coincide with the end of the financial year. 4.2 4.3 OSCR base the charity test on the following criteria: 1. It’s purpose consist only of one or more of the charitable purposes listed in section 7(2) of the 2005 Act; and 2. It provides (or, in the case of an applicant provides or intends to provide) public benefit in Scotland or elsewhere. While the Oban Common Good Fund was listed on the current Charities Register on 1 April 2006, Oban Common Good Fund was initially registered with HMRC as a charity in 1992 most likely to benefit from ACT (advance corporation tax) and thereby maximise the funding available to provide support to local charities and voluntary groups. These benefits no longer apply and as there is no direct financial effect on the investment fund, there does not appear to be any reason to challenge the de-listing. Page 10
Page 11
4.4 4.5 4.6 4.7 In making the determination, OSCR took account of the purpose of a Common Good Fund, including the vesting of common good property in the newly created unitary authorities with effect from 1 April 1996. They noted that this arrangement does not involve the creation of a trust of any other form of body that is separate in identify from the Council, reaching the view that Oban Common Good Fund is not a ‘body’ with a constitution distinct and separate from the Council that is capable of being entered in the Register. OSCR further assessed whether the Charity only has charitable purposes and on this point concluded that while the funds were being allocated to charitable purposes, it is not confined in doing so and therefore it does not have purposes that consist only of one or more of the charitable purposes set out in Section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005. It appears that there is a consistent approach by OSCR in other local authority areas with regard to de-registering their Common Good Funds based on the same test. In de-registering the Oban Common Good Fund will no longer require to prepare annual accounts in accordance with the Charities SORP (Statement of Recommended Practice). 5.0 CONCLUSION 5.1 There is no clear benefit in terms of appealing the decision to remove the Oban Common Good Fund from the Register of Charities in Scotland given that the financial benefits that existed are no longer relevant. It is recommended that the Trustees note the correspondence from OSCR and consider whether they wish to carry out a review the current application criteria and distribution guidance. 6.0 IMPLICATIONS 6.1 Policy – The council does not have a policy of registering common good funds with OSCR, the Oban funding being the only fund that had been registered in that way. 6.2 Financial – None. The benefits initially sought in terms of protecting the investment no longer apply. 6.3 Legal – None 6.4 HR - None 6.5 Fairer Scotland Duty: 6.5.1 Equalities – protected characteristics - None 6.6 6.7 6.5.2 Socio-economic duty – none 6.5.3 Islands – none Climate Change – none Risk - None 6.8 Customer Service - The current distribution guidance and Page 11
Page 12
application criteria have proved to be an efficient way of dealing with different types of applications. Removal of the charitable status may open up the fund to other applicants. Douglas Hendry Executive Director with responsibility for Governance Policy Lead – Alastair Redman 10 March 2023 For further information contact: David Logan, Head of Legal & Regulatory Support, Kilmory, Lochgilphead – 01546 604322 Page 12
Page 13
Document is Restricted Page 13 Agenda Item 5NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 14
This page is intentionally left blank
Page 15
Document is Restricted Page 15 Agenda Item 6aNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 16
This page is intentionally left blank
Page 17
Document is Restricted Page 17 Agenda Item 6bNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 18
This page is intentionally left blank
Page 19
Document is Restricted Page 19 Agenda Item 6cNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 20
This page is intentionally left blank
Page 21
Document is Restricted Page 23 Agenda Item 6dNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 22
This page is intentionally left blank
Page 23
Document is Restricted Page 27 Agenda Item 6eNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 24
This page is intentionally left blank
Page 25
Document is Restricted Page 31 Agenda Item 7NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 26
This page is intentionally left blank
Page 27
Document is Restricted Page 33 Agenda Item 7aNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 28
This page is intentionally left blank
Page 29
Document is Restricted Page 47 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 30
This page is intentionally left blank
Page 31
Document is Restricted Page 49 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 32
This page is intentionally left blank
Page 33
Document is Restricted Page 57 Agenda Item 7bNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 34
This page is intentionally left blank
Page 35
Document is Restricted Page 69 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 36
This page is intentionally left blank
Page 37
Document is Restricted Page 101 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 38
This page is intentionally left blank
Page 39
Document is Restricted Page 129 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 40
This page is intentionally left blank
Page 41
Document is Restricted Page 135 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 42
This page is intentionally left blank
Page 43
Document is Restricted Page 139 Agenda Item 7cNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 44
This page is intentionally left blank
Page 45
Document is Restricted Page 145 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 46
This page is intentionally left blank
Page 47
Document is Restricted Page 147 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 48
This page is intentionally left blank
Page 49
Document is Restricted Page 149 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 50
This page is intentionally left blank
Page 51
Document is Restricted Page 151 Agenda Item 7dNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 52
This page is intentionally left blank
Page 53
Document is Restricted Page 161 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 54
This page is intentionally left blank
Page 55
Document is Restricted Page 173 Agenda Item 7eNOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Page 56
This page is intentionally left blank