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Charitable Trusts, Bequests and Trust Funds

Argyll and Bute Council · 10 December 2025
Back to Oban Lorn & The Isles Area Committee — 10 December 2025 and its agenda

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ARGYLL AND BUTE COUNCIL         OBAN, LORN & THE ISLES AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                      10 December 2025 
CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
1.0 EXECUTIVE SUMMARY 
1.1 The Oban, Lorn and the Isles Area Committee are Trustees for a number of
Charitable Trusts, Bequests and Trust Funds. Historically a report has been
brought to the Area Committee on an annual basis with recommendations for
distribution. 
1.2 While officers continually seek to simplify and update processes where possible to
ensure ongoing compliance with the original terms of the bequests and to reduce
the administrative burden of the management and distribution, there remains a
number of challenges. A number of the charitable funds were established many
years ago, and as a consequence of changes in society over time the intended
beneficiaries of the bequests are no longer easily identified. 
1.3 This report provides details of a number of the Trusts and Bequests that remain
active in the Oban, Lorn and the Isles Area and seeks agreement from Members
on proposed distribution methods. 
2.0 RECOMMENDATIONS
2.1  The Oban, Lorn and the Isles Area Committee are asked to:
1. note the financial position of the Charitable Trusts, Bequests and Trust
Funds as of August 2025; 
2. agree that the charities and trust funds, that have historically been
awarded to Council Departments and Allied Partners, are awarded on
the basis outlined in paragraph 5.5 and defined within appendix 1; 
3. agree to make available all unrestricted funds from the Dugald McPhail
Memorial Fund to Roads and Infrastructure and thereafter to place a
moratorium on the fund; 
4. agree to invite representatives from the Health and Social Care
Partnership to consider submitting an application form to the Miss Flora
McLucas and Miss M M Cameron Bequests; and

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5. note that the Mrs Mellors Bequest has no identified beneficiaries and that
this fund is subject to ongoing consideration by officers.

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ARGYLL AND BUTE COUNCIL         OBAN, LORN & THE ISLES AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                       10 December 2025 
CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
3.0  INTRODUCTION
3.1 The Oban, Lorn and the Isles Area Committee are Trustees of a number of
Charitable Trusts, Bequests and Trust Funds. This report provides information
on proposals in relation to the ongoing management of these funds and seeks
agreement on distribution proposals.
4.0  RECOMMENDATIONS
4.1 The Oban, Lorn and the Isles Area Committee are asked to:
1. note the financial position of the Charitable Trusts, Bequests and Trust
Funds as of August 2025; 
2. agree that the charities and trust funds, that have historically been
awarded to Council Departments and Allied Partners, are awarded on
the basis outlined in paragraph 5.5 and defined within appendix 1; 
3. agree to make available all unrestricted funds from the Dugald McPahil
Memorial Fund to Roads and Infrastructure and thereafter to place a
moratorium on the fund; 
4. agree to invite representatives from Health and Social Care Partnership to
consider submitting an application form to the Miss Flora McLucas and
Miss M M Cameron Bequests; and 
5. note that the Mrs Mellors Bequest has no identified beneficiaries and that
this fund is subject to ongoing consideration by officers. 
5.0  BACKGROUND & DISTRIBUTION ARRANGEMENTS
5.1 Historically reports are prepared and submitted to Area Committees outlining the
status of each of the funds, proposed distribution method(s) and the amounts
available.

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5.2 Of the 15 funds for which the Area Committee are trustees many have
historically been awarded to Council Departments and allied partners (for
example Roads and Infrastructure). 
5.3 In September 2020 the Area Committee agreed that those funds that hold less
than £1k in unrestricted reserves (i.e. monies the charity has available to spend
without drawing on capital or restricted reserves) be made available, in their
totality, during the financial year (2021/22), essentially placing a moratorium on
the distribution of monies from these funds, thereby lessening the administrative
burden and ensuring maximum community benefit.
5.4 In December 2021 the Area Committee agreed to formally place a moratorium
on the distribution of monies from those funds that had no/limited funds
available for distribution. This approach has served to lessen the administrative
burden and allow interest to accumulate to ensure maximum community benefit
at a later date. 
5.5 In order to provide a level of consistency to the process for those
Bequests/Trusts which are transferred to Council Departments or allied
partners it is proposed that those funds that hold more than £1k will be
allocated on the basis of the interest from the previous financial year plus
1/20th of the unrestricted funds. This approach being the recommendation of
Financial Officers as a means for members to meet their fiscal responsibilities
as trustees, specifically that the funds are maintained over the longer term and
not exhausted.
5.6 Should the Area Committee approve this approach over £6k will be available to
council departments and allied partners this financial year, the bulk of which will
be awarded to Live Argyll via the McCaig Trust. 
5.7 A number of funds have bespoke distribution methods which are undertaken by
Legal and Regulatory Support.  Officers continue to advertise and monitor the
expenditure from these funds and should expenditure not provide a community
benefit Officers will explore what action can be taken. 
5.8 The Miss Flora McLucas Bequest was established for the benefit of Dunaros,
Salen and the Miss M M Cameron Bequest to Eventide Home, Salen, Mull. There
is around £2.5k available in the Miss Flora McLucas Bequest and £345 within the
Miss M M Cameron Bequest. As the facility at Salen is no longer operational there
are no distribution arrangements established for either of these funds. Colleagues
within the Health and Social Care Partnership have confirmed that the service
offered by the Mull & Iona Community Hospital is slightly different to that
previously offered at Salen, however it is considered an approximate modern
continuation of the service offered at Salen. Consequently, it is proposed to invite
representatives from the Health and Social Care Partnership to consider
submitting an application form to each of these funds. Any subsequent application
would be submitted to the Area Committee for consideration by Trustees. The
alterative to this approach would be to add this to funds that would require to be

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reorganised as per the Law Reform (Miscellaneous Provisions) (Scotland ) Act
1990 and The Public Trusts (Reorganisation) (Scotland) (No.2).
5.9  In 1955 Mull District Council accepted the sum of £15:5:4 in the name of the late
Mr A A MacGilp for the maintenance of the Dugald Macphail monument.
Colleagues from Roads and Infrastructure Services are exploring what, if any,
maintenance work is required. It is therefore recommended to make the totality of
the funds available, £470, for remedial work and thereafter to place a moratorium
in this fund. If there is no immediate maintenance work required, the funds will be
held until such time that there is. 
5.10  There remains a single fund that has no identified beneficiaries or methods of
distribution, specifically the Mrs Mellors Bequest. Given the explicit nature of the
terms of this fund there is no scope to award funds as it currently sits and as such
Officers will require to follow the provisions within the Law Reform (Miscellaneous
Provisions) (Scotland ) Act 1990 and The Public Trusts (Reorganisation)
(Scotland) (No.2) to re-organise this particular fund.
6.0 CONCLUSION
6.1 This report has outlined the current position in terms of financial and distribution
arrangements of the funds/bequests held in trust by the Area Committees
meeting our obligation of ensuring transparent and effective governance.
7.0 IMPLICATIONS
7.1  Policy - None. 
7.2  Financial - None. 
7.3  Legal - Area Committees, as Trustees, must ensure that the distribution
arrangements comply with the terms of the funds/bequests, failure to do so would
result in the Council being liable. 
7.4  HR - To proceed with reorganisation, in terms of section 10 or 11 of the Law Reform
(Miscellaneous Provisions) (Scotland) Act 1990 would require the allocation of
Officer time. 
7.5 Customer Service 
7.6  Risk - None 
7.7  Climate Change – None 
7.8  Fairer Scotland Duty – None 
7.9  Equalities - protected characteristics – None 
7.10  Consumer Duty – None 
7.11  Island Communities – None

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7.12  Children’s Rights and Wellbeing – None 
Douglas Hendry
Executive Director with responsibility for Legal & Regulatory Support 
November 2025 
Policy Lead - Councillor Mark Irvine 
Appendix 1 – Distribution Arrangements for Trust Funds and Bequests.
For further information contact: Stuart McLean, Committee Manager, 01436 658717,
stuart.mclean@argyll-bute.gov.uk