Democracy Spraffa

Charitable Trusts, Bequests and Trust Funds

Argyll and Bute Council · 5 December 2023
Back to Bute and Cowal Area Committee — 5 December 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

ARGYLL AND BUTE COUNCIL         BUTE AND COWAL AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                          5 December 2023 
CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
1.0 EXECUTIVE SUMMARY 
1.1 The Bute and Cowal 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 ensuring that Trustees have financial
oversight of the funds. 
1.2 This report provides details of a number of the Trusts and Bequests that remain
active in the Bute and Cowal Area and seeks agreement regarding their ongoing
management. 
2.0 RECOMMENDATIONS
2.1  The Bute and Cowal Area Committee are asked to:
1. note and consider the financial position of all the Charitable Trusts,
Bequests and Trust Funds as of August 2023; and 
2. agree that funds that hold less than £250 for distribution have a
moratorium placed on them to lessen the administrative burden and allow
interest to accumulate to ensure maximum community benefit at a later
date.

Page 2

ARGYLL AND BUTE COUNCIL         BUTE AND COWAL AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                          5 December 2023 
CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
3.0  INTRODUCTION
3.1 The Bute and Cowal Area Committee are Trustees of 12 Charitable Trusts,
Bequests and Trust Funds with an unrestricted balance of around £18K. This
report provides information on proposals in relation to the ongoing management
of these funds.
4.0  RECOMMENDATIONS 
4.1 The Bute and Cowal Area Committee are asked to:
1. note and consider the financial position of all the Charitable Trusts,
Bequests and Trust Funds as of August 2023; and 
2. agree that funds that hold less than £250 for distribution have a
moratorium placed on them to lessen the administrative burden and allow
interest to accumulate to ensure maximum community benefit at a later
date. 
5.0  BACKGROUND & DISTRIBUTION ARRNAGEMENTS
5.1 Historically reports are prepared and submitted to the Area Committee outlining
the status of each of the funds, proposed distribution method(s) and the amounts
available. 
5.2 Of the 12 funds for which the Area Committee are trustees many have
historically been awarded to Council Departments and allied partners (for
example Roads and Amenity Services). 
5.3 In September 2020 the Area Committee agreed that those Funds that hold less
than £1k in unrestricted reserves (i.e. monies the fund has available to spend
without drawing on capital or restricted reserves) be made available, in their
totality, within the financial year (2020/21). 
5.4 In December 2021 the Area Committee formally agreed to place a moratorium
on the distribution of monies from those funds that held less than £50
accumulated funds for distribution. Several funds, specifically the Provosts

Page 3

Bequest Rothesay and the Dunoon & Kilmun Cemeteries, now have more than
£50 available for distribution.  To lessen the administrative burden and allow
interest to accumulate to ensure maximum community benefit at a later date it
is suggested that this threshold be increased to £250.
5.5 To further lessen the administrative burden, in December 2022, the Area
Committee agreed to award the totality of the Tulloch Library, Dunoon to Live
Argyll and thereafter to agree to place a moratorium on this fund.  The Area
Committee also agreed to place a moratorium on the Provost’s Fund (Bute).
5.6 Having noted that the piano associated with the ‘Piano Fund, Dunoon’ is in
need of full restoration and that the funds available would not meet the
required, extensive, costs. The Area Committee also agreed that a moratorium
be placed on this fund until such time as sufficient funds accumulate. 
5.7 A small number of funds have bespoke distribution methods which are
generally undertaken by Legal and Regulatory Support, this process will
continue. Officers will continue to monitor the expenditure from these funds,
should expenditure not provide a community benefit Officers will explore what
action can be taken.  
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  Fairer Scotland Duty - None 
7.5.1  Equalities – protected characteristics – None 
7.5.2  Socio-Economic Duty – None 
7.5.3  Islands – None 
7.6  Climate Change – None

Page 4

7.7  Risk – None 
7.8  Customer Service - None 
Douglas Hendry
Executive Director with responsibility for Legal & Regulatory Support 
November 2023 
Policy Lead - Councillor Alastair Redman 
Appendix 1 – Trust Funds and Bequests.
For further information contact: Stuart McLean, Committee Manager, 01436 658717,
stuart.mclean@argyll-bute.gov.uk