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Charitable Trusts, Bequests and Trust Funds

Argyll and Bute Council · 6 December 2022
Back to Bute and Cowal Area Committee — 6 December 2022 and its agenda

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ARGYLL AND BUTE COUNCIL         BUTE AND COWAL AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                          6 December 2022 
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 with recommendations for distribution. 
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 the financial position of all the Charitable Trusts, Bequests and
Trust Funds as of August 2022, 
2. agree that a moratorium be placed on awards being made from the
Piano Fund, Dunoon, and 
3. agree that the accumulated funds for distribution from the Tulloch
Library, Dunoon be awarded to Live Argyll in their totality and that a
moratorium be placed on awards being made from this fund thereafter.

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ARGYLL AND BUTE COUNCIL         BUTE AND COWAL AREA COMMITTEE
LEGAL & REGULATORY SUPPORT                          6 December 2022 
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 estimated unrestricted balance of £18,610.
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 the financial position of all the Charitable Trusts, Bequests and
Trust Funds as of August 2022, 
2. agree that a moratorium be placed on awards being made from the
Piano Fund, Dunoon, and 
3. agree that the accumulated funds for distribution from the Tulloch
Library, Dunoon be awarded to Live Argyll in their totality and that a
moratorium be placed on awards being made from this fund thereafter. 
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 charity has available to spend
without drawing on capital or restricted reserves) be made available, in their
totality, within the financial year (2020/21).

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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. This approach has served to lessen the
administrative burden and will allow interest to accumulate to ensure maximum
community benefit at a later date. 
5.5 To further lessen the administrative burden the Area Committee are asked to
award the totality of the Tulloch Library, Dunoon to Live Argyll and thereafter to
agree to place a moratorium on this fund. 
5.6 Live Argyll have advised 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. It is therefore recommended that a
moratorium be placed on this fund until such time as sufficient funds
accumulate. 
5.7 Members should note that one bequest, the Bute Education Trust, remains in
arrears. A moratorium has been placed on further awards being made until
such time as sufficient interest has accrued. In the meantime Rothesay
Academy have been advised that a request for funding can be made to the
Rothesay Common Good fund.
5.8 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
remedial 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

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7.5.2  Socio-Economic Duty – None 
7.5.3  Islands – None 
7.6  Climate Change – None 
7.7  Risk – None 
7.8  Customer Service - None 
Douglas Hendry
Executive Director with responsibility for Legal & Regulatory Support 
November 2022 
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