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Cruach Mhor Windfarm Trust: Appointment of Trustees

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

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ARGYLL AND BUTE COUNCIL     BUTE & COWAL AREA COMMITTEE
CUSTOMER SERVICES  5 SEPTEMBER 2023 
CRUACH MHOR WINDFARM TRUST:  APPOINTMENT OF TRUSTEES 
1.0 EXECUTIVE SUMMARY 
Cruach Mhor Windfarm Trust has been operating as an unincorporated trust since
being established by the Bute & Cowal Area Committee on 5 August 2003.  The
purpose of the report is to advise of work undertaken to formally establish the
Trust as a corporate body, and to invite the Committee to consider the
composition of the Trust, taking into account changes through the passage of time
since the in Area Committee first considered the establishment of a Trust, the S75
Agreement, discussion with Cruach Mhor Windfarm Trust and discussions with
Scottish Power Renewables who are the current benefactors.
The report recommends changes to the trustees identified in 2003, given
considerations outlined in the foregoing paragraph and feedback from the Cruach
Mhor Windfarm Trust.
There may be some financial implications in terms of increasing the number of
community representatives although this would not be known until such time
as elections are held.  It is anticipated that any cost can be accommodated
within the existing budget.

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ARGYLL AND BUTE COUNCIL  BUTE & COWAL AREA COMMITTEE 
CUSTOMER SERVICES 5 SEPTEMBER 2023 
MHOR WINDFARM TRUST:  APPOINTMENT OF TRUSTEES 
2.0 INTRODUCTION 
2.1 Bute & Cowal Area Committee agreed on 5 August 2003 to establish a
Community Trust Fund on 5 August 2003 which was to be known as Cruach
Mhor Windfarm Trust. Decisions regarding composition of the Trust, and area of
benefit, were also agreed at that time and following that decision, the then Area
Corporate Services Manager worked with the group to formally constitute them. 
This report invites the Area Committee to further consider the matter of Trustees
in light of work undertaken to formalise the Trust by way of a more formal Trust
Deed. 
3.0 RECOMMENDATIONS 
3.1 It is recommended that the Committee agree to revise the list of Trustees
appointed to the Cruach Mhor windfarm by:
1. Agreeing that if Scottish Power Renewables decline appointment as
Trustees that the Trust Deed reflect this position; 
2. Resolving to increase in terms of the number of community representative
positions on the trust from one to three, and that arrangements for the
election of community representatives be delegated to the Returning
Officer to progress;
3.       Note that the the boundaries of the windfarm trust and the community
council areas are co-terminous 
4.0 DETAIL

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4.1 On 5 August 2003 the Bute & Cowal Area Committee agree to establish Cruach
Mhor Windfarm Trust, agreed that the communities impacted were within the
Colintraive & Glendaruel Community Council boundary, and also agreed that the
Trust would comprise of 5 members being: 
2 Representatives from Colintraive & Glendaruel Community Council;
The local elected member or one other council member from Bute & Cowal Area
Committee; 
A representative from CRE Energy Ltd (now Scottish Power Renewables); and
One elected member, resident in the community, who is not a member of the
community council, or a member or employee of the council or CRE Energy Ltd. 
4.2 Officers of the Council were initially approached by the Cruach Mhor Windfarm
Trust in terms of difficulties they had had with convening quorate meetings to see
whether changes to the constitution might be acceptable and some concerns
were expressed when it became evident that the Trust, although running well,
was unincorporated.  While there was no specification for the Trust to be
established by way of a formal Trust Deed, the manner in which the Trust has
been established gives some concerns about the exposure of its members and it
is the opinion of officers that a more formal set up would be more appropriate.  A
draft trust deed has been prepared and has been submitted to the Cruach Mhor
Windfarm Trust to obtain their feedback.  As part of this exercise they have
requested that the Council look to increase the number of serving Trustees by
increasing the number of community representatives from one to three.  They
have also asked that the current Colintraive & Glendaruel Community Council (as
amended in 2022 to include part of Rashfield) be the designated area rather than
the boundary as it was in 2003.  The previous decision in regard to beneficiaries
states “the Trust Fund will be held and administered by the Trustees for the
benefit of the local communities within the Colintraive and Glendaruel
Community Council boundary”.  On the basis of the 2003 decision, there is no
objection to the request, and administratively it would be beneficial in terms of
electoral processes if the boundaries of the windfarm trust and the community
council areas were co-terminous.
4.3 In taking this forward it has also been established that Scottish Power
Renewables (formerly CRE Energy Ltd) do not feel it is appropriate for them to be
Trustees given the community aspect of the Trust.  In any event their participation
is not necessary in terms of the S75 Agreement which stipulated that funds should
be awarded following consultation with the relevant local community councillor,
local authority councillor, and the council.  It is recommended that if they formally
decline appointment, this be reflected in the trust deed for the Cruach Mhor
Windfarm Trust.
4.4 Given the foregoing comments, and in view of a desire to increase the number of
members, it would be appropriate to revisit the matter of Trustees and the
suggestion would be that the number of elected community representatives
increase from one to three.  It is further recommended that as Scottish Power

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Renewables are unlikely to want to accept a formal position on the Trust, they be
removed from the Trust Deed in light of the explanation at paragraph 4.3. 
5.0 CONCLUSION
5.1 While the decision to establish a community trust to disperse community benefit
funding from the Cruach Mhor Windfarm was taken forward, it has recently come
to light that this does not provide the most adequate legal protection.  Given the
work to remedy that is ongoing, it would be appropriate to review decisions
regarding trustees for the reasons set out in section 4 of the report. 
6.0 IMPLICATIONS
6.1 Policy - None
6.2 Financial – There may be increased cost to the council in organising a second
election for a further 2 community representatives.
6.3  Legal – changes to the Trust will provide more protection for members that the
current unincorporated status offers
6.4  HR - None
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics - None 
6.5.2   Socio-economic Duty - None 
6.5.3  Islands – N/a due to area covered by the trust
6.6 Climate Change – Depending on how the trust meets, there may be additional
travel undertaken in attending meetings. 
6.7 Risk - None
6.8  Customer Service - None
Douglas Hendry
Executive Director with responsibility for Legal & Regulatory Support
Policy Lead – Councillor A Redman
24 August 2023
For further information contact: David Logan, Head of Legal & Regulatory Support, 
Kilmory, Lochgilphead (01546 604322) or Melissa Stewart, Governance Officer, 
Kilmory, Lochgilphead (01546 604331)

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