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Externally Funded Projects-Rothesay Pavilion_Final Report

Argyll and Bute Council · 20 December 2022
Back to Audit and Scrutiny Committee — 20 December 2022 and its agenda

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Argyll and Bute Council
Internal Audit Report
November 2022
FINAL 
High Medium Low VFM
Number of
Findings
0 2 1 0 
Externally Funded Projects-
Rothesay Pavilion
Audit Opinion: Substantial

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022 
Contents 
1. Executive Summary ........................................................................................................................ 3
Introduction ............................................................................................................................................ 3
Background ............................................................................................................................................. 3
Scope ....................................................................................................................................................... 4
Risks ........................................................................................................................................................ 4
Audit Opinion ......................................................................................................................................... 4
Recommendations ................................................................................................................................. 4
2. Objectives and Summary Assessment ........................................................................................... 5
3. Detailed Findings ............................................................................................................................ 5
Appendix 1 – Action Plan ..................................................................................................................... 11
Appendix 2 – Audit Opinion ................................................................................................................. 13 
Contact Details 
Internal Auditor: Paul Macaskill 
Telephone:  01546 604108 
e-mail:   paul.macaskill@argyll-bute.gov.uk 
www.argyll-bute.gov.uk

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
1. Executive Summary
Introduction
1. As part of the 2022/23 internal audit plan, approved by the Audit & Scrutiny Committee in
March 2022, we have undertaken an audit of Argyll and Bute Council’s (the Council) system of
internal control and governance in relation to Externally Funded Projects-Rothesay Pavilion.
2. The audit was conducted in accordance with the Public Sector Internal Audit Standards (PSIAS)
with our conclusions based on discussions with council officers and the information available at
the time the fieldwork was performed.  The findings outlined in this report are only those which
have come to our attention during the course of our normal audit work and are not necessarily
all the issues which may exist.  Appendix 1 to this report includes agreed actions to strengthen
internal control however it is the responsibility of management to determine the extent of the
internal control system appropriate to the Council.
3. The contents of this report have been agreed with the appropriate council officers to confirm
factual accuracy and appreciation is due for the cooperation and assistance received from all
officers over the course of the audit.
Background
4. The refurbishment of the Rothesay Pavilion is the final project in the Councils’ plans to assist
regeneration and economic development in its 5 waterfront towns namely Campbeltown,
Helensburgh, Oban, Rothesay and Dunoon.  The strategic aim of the project is to bring the
building back into economic use by allowing a mix of new commercial, cultural and community
activities to be provided within it that will stimulate local economic activity and contribute to the
wider regeneration of Rothesay.
5. The contract commenced on site on 29th November 2017 and was initially scheduled for
completion in 87 weeks with a contractual completion date of 31st July 2019.  As a result of
works variations in the contract, this was extended with a proposed final handover in February
2020.  However, due to the administration of the main contractor CBC Glasgow the project is
currently being re-assessed and a completion date has yet to be finalised.
6. The Rothesay Pavilion full business case under section 1.7 emphasised  the requirement for
external funding to enable the project to go ahead and consequently a number of external
funders were identified by the Council namely:
Name Amount
Heritage Lottery fund(HLF) £4,187,500
HLF-Volunteer Input £50,900
European Regional Development Fund (ERDF) £1,055,602
Highland and Islands Enterprise(HIE) £750,000
Regeneration Capital Grant Fund £625,000
Coastal Communities Fund £600,000
Historic Environment Scotland £750,000
West Coast Foundation £116,957
Scottish Landfill Communities Fund £20,000
Total £8,155,959

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
7. All external funders provide a grant offer letter to the Council which sets out the terms and
conditions that the Council should meet in order to satisfy the grant requirements.
Scope 
8. The scope of the audit was to assess the Councils compliance with the terms and conditions as
specified by the external Fund providers as outlined in the Terms of Reference agreed with the
Head of Commercial Services on 24th June 2022.
Risks
9.  The risks considered throughout the audit were:
 Audit Risk 1: the council does not have an agreed offer letter in place from external
providers specifying terms and conditions
 Audit Risk 2:the council does not have procedures/processes in place to ensure that
grant requirements are met
 Audit Risk 3: the Council has failed to ensure compliance with the requirements
stipulated within grant letters
 Audit Risk 4: the council does not have reporting arrangements in place to appropriate
Council bodies in order to provide assurance that grant requirements are met  
 Audit Risk 5: Reputational risk to the Council.
Audit Opinion
10. We provide an overall audit opinion for all the audits we conduct. This is based on our
judgement on the level of assurance which we can take over the established internal controls,
governance and management of risk as evidenced by our audit work.  Full details of the five
possible categories of audit opinion is provided in Appendix 2 to this report.
11. Our overall audit opinion for this audit is that we can take a Substantial level of assurance.  This
means that internal control, governance and the management of risk is sound.  However, there
are minor areas of weakness which put some system objectives at risk and specific elements of
residual risk that are slightly above an acceptable level and need to be addressed within a
reasonable timescale.
Recommendations
12. We have highlighted two medium priority recommendations and one low priority
recommendations where we believe there is scope to strengthen the control and governance
environment. These are summarised below:
 outstanding grant claims should be followed up timeously;
 action plan should be prepared to determine the extent of completion of project that
can be achieved based on available funding;
 consideration should be given to reviewing extensive use of external contractors
13. Full details of the audit findings, recommendations and management responses can be found in
Section 3 of this report and in the action plan at Appendix 1.

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
2. Objectives and Summary Assessment
14. Exhibit 1 sets out the control objectives identified during the planning phase of the audit and our
assessment against each objective. 
Exhibit 1 – Summary Assessment of Control Objectives 
Control Objective Link to Risk Assessment Summary Conclusion
CO1 The Council has
procedures/processes
in place to ensure
compliance with
grant letter terms and
conditions
Audit Risk 1
Audit Risk 2 
Reasonable All external funders have issued a
grant letter outlining the terms and
conditions attached to funding.
T&C’s have been agreed by the
Council. Risk registers are in place
that identifies risk in relation to
funders with mitigation actions
specified. Extensive use of external
contractors was noted.
CO2 Procedures/processes 
to ensure compliance
with grant offers
conditions are
applied 
Audit Risk 3 Substantial Internal audit took assurance from
the external review carried out by
the Scottish Government that the
Council were compliant with EU
funding guidelines in regard to
funding from European bodies. A
grant claim submitted to ERDF for
£308k is outstanding dating back to
April 2021. 
CO3 There are appropriate
reporting
arrangements in
place to Council
bodies to provide
assurance that grant
terms and conditions
are met
Audit Risk 4 High Comprehensive highlight reports are
produced on a regular basis by the
project manager which covers all
issues pertinent to the project
including compliance with external
funding requirements. Regular
meetings are held with external
funders and chaired by the head of
commercial services. Updates to
Council committees are provided
periodically. Financial services issue
regular updates on the capital spend
of the project. Action plan to
determine the extent of completion
of project that can be achieved
based on available funding should
be prepared. 
15. Further details of our conclusions against each control objective can be found in Section 3 of this
report.  
3. Detailed Findings
The Council has procedures/processes in place to ensure compliance with grant letter terms and
conditions

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
16. The Principal Contractor, Central Building Contractors (Glasgow) Ltd (CBC), was placed in
Administration by its’ Board of Directors, and this was formally notified to the Council on 29
April 2020.  At the Policy and Resources committee dated 9th December 2021 it was decided to
'pause' the Rothesay Pavilion Project due to a forecast of a significant funding shortfall to
complete the works, with various follow on actions agreed for Elected Members and Officers to
progress to try to close the 'gap'.
17. Included within the funding shortfall is the financial risk of circa £6.85M which is the value of
external funding thus far claimed against the capital costs of the project, and which funder’s may
seek to recover if the Rothesay Pavilion project is not satisfactory concluded in regard to funding
requirements.
18. The majority of the capital funding is being provided by the Council (41%) and the Heritage
Lottery Fund (HLF) (30%) respectively.  The capital grant awards include standard and specific
terms and conditions that are required to be met in delivering the project by the Grantee/s (i.e.
Council and the Rothesay Pavilion Charity (RPC)).  The terms and conditions include delivery of
approved purposes and activities, performance reporting and monitoring, governance processes,
and completion/evaluation reports.
19. All External funders have issued a grant letter to Argyll and Bute Council that sets out the terms
and conditions (T&C’s) that the Council should meet.  The standard T&C’s are applicable in the
event of specific circumstances such as :
 the Grantee commits a default;
 the funder considers that any change or departure from the purposes for which the
grant is awarded warrants an alteration to the amount of the grant; 
 failure to carry out the project;
 progress of the project is not satisfactory; 
 fraudulent and/or negligent activity incorrect or misleading information; 
 future of the project is in jeopardy;
 grantee’s change in status i.e. insolvency or winding up
 disposal of asset: subject to prior written consent up to 15 years. Permission is
dependent on: the Grantee pays a share of the net proceeds and the sale must be at full
market value
 the terms and conditions will be applicable from between 6 to 10 years. 
20.  Specific terms and conditions are split between those expected to be met by the Council and
those expected to be met by the Rothesay Pavilion Charity (RPC).  As regards the specific
requirements of the Council each of the funders has a requirement for the Council to deliver
against the specified approved purposes and benefits.  These can be summarised as follows:
 repair of the historic fabric of Rothesay Pavilion;  
 upgrade of main auditorium to support events programme and to create 3 nos. business
units: Café/Bistro. 2 nos. bars and shop/box office; 
 creation of new community facilities including music rehearsal and recording space, a
second venue with independent entrance targeted at young people, function rooms
including new roof top multi-purpose space; 
 new exhibition space with high quality permanent and temporary exhibition space for
changing programmes; 
 heritage interpretation space for display; 
 refurbishment of the Caretaker’s House to provide offices for local SMEs;

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
 community Arts projects – Video & Photographic record of interviews; film and creative
skills weekends; 
 creation of a historic archive; 
 marketing and Communications: increased community engagement through
development workshops with Schools and improvement in visitor offer; 
 heritage interpretation space: design & themed content.
21. Both the Highlands and Islands Enterprise Board (HIE) and European Regional Development Fund
(ERDF) have specified a number of defined benefits which are summarised below namely:
 enhanced community venue; 
 one income generating asset; 
 £287k per annum increase in turnover in the social economy;
 14 full time equivalent jobs; 
 30 volunteers engaged with project delivery; 
 40 people accessing training; 
 40 community groups increasing their capacity through engagement with pavilion
activities; 
 2 organisations supported to deliver growth aspirations
22. The project manager prepares a regular ‘Highlight’ report on the ongoing status of the Rothesay
Pavilion Project.  The report includes under section 7 an update on the current risks associated
with the project including the following :
 Identifies the  risk
 assess the likelihood and impact of the risk
 prioritise the risks (red, amber or green)
 How the Council will mitigate and manage the risks identified.
Commercial Services also identified within their overall risk register the risk of “unavailability of
internal capital funding” for all projects including Rothesay Pavilion and prioritises the risk as
“red” with mitigation actions including ensuring resources are available to complete projects.            
23. The project includes a full time project manager as well as support from a variety of internal
Council bodies such as Legal and Planning and administration and external bodies such as design
and conservation architects.  The initial project manager left 5 months into the construction
period in May 2018 and a new project manager was recruited in August 2018.  Strategically the
project was managed internally by the council’s project manager, however, in terms of day to
day activities and implementation there was a heavy reliance on external consultants and
contractors.  Consideration should be given to reviewing the extensive use of outside
contractors as opposed to investing in in-house resources in regard to major capital projects
especially in light of the projected overspend on the project.
Action Plan 3          
Procedures/processes to ensure compliance with grant offers conditions are applied
24. Due to the Scottish Government (SG) being ultimately responsible for ensuring that EU funded
projects are properly administered a review was undertaken by the SG the on behalf of HIE and
ERDF during the 1st Quarter of 2021 i.e. post the administration of the main contractor.  (Note
:EU funding represents 21% of total external funding) The review was termed a “stage 2 on the
spot verification” which included the following :

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
 the eligibility, status and outcome of participants/businesses (where applicable);
 the expenditure declared and the existence and compliance of the audit trail for a
number of expenditure items (involved checking 23% by value of all claims made by the
Council); 
 the outputs and/or achievements linked to the operation(s);
 the compliance with the relevant eligibility rules, public procurement, state aid
instruments, environmental, financial instruments, horizontal themes and publicity.
The outcome of the audit was that all criteria checked were found to be fully compliant and no
actions by the Council were required. 
25. All claims submitted against each external funder are recorded on a claims summary. A summary
of outstanding balances yet to be claimed as at the time of the audit is shown in the table below.
Funder  Grant-(£) Claimed-(£) Received (£) Balance to be
claimed-(£)
HLF 4,187,500 3,,627,657 3,627,657 559,843
HES 750,000 525,000 525,000 225,000
HES COVID 62,794 62,794 62,794 0
ERDF 1,055,602 929,078 621,171 434,431
HIE 750,000 744,253 744,253 5,747
Total    1,225,021 
26. The balance outstanding in regard to ERDF and HIE is due to the grants being payable on
completion of specified percentages of work done on the project.  The Council has
procedures/processes in place whereby a qualified quantity surveyor who is independent of the
Council and the contractors evaluates and certifies the work completed at each stage to enable
grant claims to be made timeously.  This involves the following :
 External building contractor required to assesses the work completed and materials on
site and applies for payment via the Cost Consultant/QS 
 A&B representative i.e. QS measures and agrees the work completed and materials on
site and assesses the value prior to agreeing the Contractors application for payment;
 the Architect/Contract Administrator then issues a valuation certificate for the monetary
value as advised by the QS;
 once agreed the contractor issues an invoice based on the agreed figure;
 the invoice is checked/matched against the Valuation Certificate and is then approved
for payment by the Project Manager.  This operation has a specific ledger code which is
then applied to the invoice then passed to the DA’s finance department for payment;
 the ledger is checked each month to ensure that all invoices have been correctly coded;
 claim is then submitted. 
All claims against outstanding grant balances funders are currently on hold.
27. A claim of £307,907 was submitted to ERDF in April 2021 and as at August 2022 this claim has
not been paid by ERDF. Verification on the status of the outstanding claim has yet to be
received.       
Action Plan 1
There are appropriate reporting arrangements in place to Council bodies to provide assurance
that grant terms and conditions are met

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
28. The project manager produces on a regular basis a ‘highlight report’.  A review of the reports
found them to be comprehensive and included the following :
 Program Summary
 key performance indicators such as cost summaries , cash flow and budgets
 key issues including communications with Funding Partners, grant claims 
 progress against Plan
 budget
 major Issues including compliance with grant requirements from external funders
 major risks i.e. risk log
 4 week horizon
Issues pertinent to addressing grant offer conditions are included within the highlight reports.
The report is forwarded to all appropriate Council committees including Area committees,
Strategic Management Team (SMT) and Policy and Resources Committee.
29. Due to the terms and conditions varying for each of the funders the project manager produces
on a monthly basis a bespoke report for each of the funders that reflects the areas covered
within the highlight reports.  In addition the project manager has arranged for site visits on a
number of occasions when requested by funders.
30. Regular meeting are held with all grant funders and chaired by the Head of Commercial Services.
A review of the attendees confirmed that all funders were present at the meetings.  A review of
minutes subsequent to the administration of the main contractor included the following:
 Update on progress by the project manager including all areas of concern 
 financial update including latest projected cost forecasts 
 implications for Project completion
 feedback from external Funders concerning their concerns
 outline of actions going forward including discussions with Partners over additional
funding 
The project manager has also supplied comprehensive updates to the main funders during the
course of the project. 
31. The Council has extensive reporting arrangements in place to provide assurance to stakeholders
that grant terms and conditions are met.  A summary of the Council bodies who are regularly
updated with issues pertinent to the Rothesay Pavilion Project including funding issues is shown
below:
Body Regularity Issues discussed
Policy and Resources
Committee
Every 2 months Update included where appropriate in agenda
Committee is updated on major developments 
Departmental Team
meetings
Weekly Updated on budgets , current issues
External Funders
meetings
Quarterly  Chaired by Head of Commercial Services
Commercial Services
Team Meetings
6 weekly Updated on budgets , current issues
Rothesay Pavilion
Charity Board
Quarterly Current progress update on Rothesay Pavilion
Re-development
Bute and Cowal Area
Committee
Quarterly Update included where appropriate in agenda

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022 
32. Financial Services provide a regular update on the capital spend of all projects including
Rothesay Pavilion.  Project managers provide comment on any issues, update the forecast spend
and provide details of any slippage or acceleration of spending.  Financial Services monitor the
return of these spreadsheets and follow up non returns and query those returned with either no
comment or insufficient comment.  Financial Services present the capital monitoring report to
SMT on a monthly basis and as a standard agenda item to each meeting of the Policy and
Resources Committee (except the May meeting).
33. Whilst our review of the reporting arrangements was satisfactory, it nevertheless identified that
there are considerable financial and reputational risks associated with the project.  These risks
need to be addressed in terms of compiling a plan to take forward the funding gaps with funding
partners and determining the extent of completion that can be achieved based on available
funding.          
Action Plan 2
34. During the course of the audit a number of issues were identified that did not fall within the
scope of our review but which nevertheless should be considered.  It may be of benefit that a
review by internal audit on the Rothesay Pavilion Redevelopment project be considered as plans
for the next stages of development are taken forward as funding becomes available.  Discussions
with the project team noted that they would expect a full review /audit of the project to take
place especially if extra funding is required from the SG.

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Appendix 1 – Action Plan 
No Finding Risk Agreed Action Responsibility / Due Date
Medium
1 Outstanding Claims
A claim of £307,907 was submitted to ERDF in
April 2021 and as at August 2022 this claim has
not been paid by ERDF.  Verification on the
status of the outstanding claim has yet to be
received. 
Failure to follow up status
of outstanding claims
may lead to non-
payment.
Followed up with HIE as Agent for
Scottish the Government.  Due to
the uncertainty the SG confirmed
they are not in a position to settle
the outstanding claim relating to
the Pavilion.
Project Manager 
Completed.
Medium
2 Project Plan
There are considerable financial and
reputational risks associated with the project.
An action plan to take forward the funding gaps
with funding partners and determining the
extent of completion that can be achieved
based on available funding should be prepared. 
Failure to prepare an
action plan to determine
extent of completion
based on available
funding may lead to non-
completion of project.
A revised construction strategy
has been developed with options.
This is a work in progress with a
key output being a report to P&R.
Project Manager 
January 31st 2023
Low
3 Resources
Consideration should be given to reviewing the
extensive use of outside contractors and
consultants as opposed to investing in in-house
resources in regard to major capital projects
especially in light of the projected overspend
on the project.
Failure to address the
Councils use of external
resources may lead to in
house resources not
being efficiently utilised.
As part of the End Project Report,
Lessons Learned, a review of the
decision pertaining to project
resourcing will be undertaken,
and recommendations made to
Head of Service with respect to
the on-going efficient resourcing
of projects.  In developing future
projects the Council will continue
to give consideration to the most
efficient resourcing model. 
Project Manager 
30th June 2023 
In order to assist management in using our reports a system of grading audit findings has been adopted to allow the significance of findings to be ascertained. 
The definitions of each classification are as follows:

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022 
Grading    Definition
High  A major observation on high level controls and other important internal controls or a significant matter relating to the critical success of the
objectives of the system.  The weakness may therefore give rise to loss or error. 
Medium 
Observations on less significant internal controls and/or improvements to the efficiency and effectiveness of controls which will assist in meeting
the objectives of the system.  The weakness is not necessarily substantial however the risk of error would be significantly reduced if corrective
action was taken.  
Low  Minor recommendations to improve the efficiency and effectiveness of controls or an isolated issue subsequently corrected.  The weakness does
not appear to significantly affect the ability of the system to meet its objectives. 
VFM  An observation which does not highlight an issue relating to internal controls but represents a possible opportunity for the council to achieve
better value for money (VFM).

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Argyll and Bute Council – Internal Audit Report – Externally Funded Projects, November 2022
Appendix 2 – Audit Opinion 
Level of Assurance  Definition 
High 
Internal control, governance and the management of risk are at a high standard. Only marginal elements of residual risk have
been identified with these either being accepted or dealt with. A sound system of control designed to achieve the system
objectives is in place and being applied consistently. 
Substantial 
Internal control, governance and the management of risk is sound. However, there are minor areas of weakness which put some
system objectives at risk and specific elements of residual risk that are slightly above an acceptable level and need to be
addressed within a reasonable timescale. 
Reasonable 
Internal control, governance and the management of risk are broadly reliable. However, whilst not displaying a general trend,
there are areas of concern which have been identified where elements of residual risk or weakness may put some of the system
objectives at risk. 
Limited 
Internal control, governance and the management of risk are displaying a general trend of unacceptable residual risk above an
acceptable level and placing system objectives are at risk. Weakness must be addressed with a reasonable timescale with
management allocating appropriate resources to the issues raised. 
No Assurance 
Internal control, governance and the management of risk is poor. Significant residual risk and/or significant non-compliance with
basic controls exists leaving the system open to error, loss or abuse. Residual risk must be addressed immediately with
management allocating appropriate resources to the issues.