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Charitable Trusts, Bequests and Trust Funds

Argyll and Bute Council · 4 December 2024
Back to Mid Argyll, Kintyre & the Islands Area Committee — 4 December 2024 and its agenda

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CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
1.0 EXECUTIVE SUMMARY 
1.1 The Mid Argyll, Kintyre and the Islands 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 Mid Argyll, Kintyre and the Islands Area and seeks agreement from
Members on proposed distribution methods. 
2.0 RECOMMENDATIONS
2.1  The Mid Argyll, Kintyre and the Islands Area Committee are asked to:
1. consider the financial position of the Charitable Trusts, Bequests and
Trust Funds as of August 2024; 
2. agree that the Hutcheon Memorial Trust and May Paterson Trust prizes
be limited to £30; 
3. agree that all other 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; 
4. agree to open applications to the Kintyre Youth Fund with awards of
£100 being offered; and 
ARGYLL AND BUTE COUNCIL MID ARGYLL, KINTYRE AND THE
ISLANDS AREA COMMITTEE 
LEGAL & REGULATORY SUPPORT 4 December 2024

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5. note that an application to the Fisher Bequest remains outstanding and
Officers are considering appropriate distribution arrangements for the
McAllister Mortification and that a report will be submitted in this regard.

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CHARITABLE TRUSTS, BEQUESTS AND TRUST FUNDS 
3.0  INTRODUCTION
3.1 The Mid Argyll, Kintyre and the Islands Area Committee are Trustees of 19
Charitable Trusts, Bequests and Trust Funds with an estimated unrestricted
balance of around £138K.  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 Mid Argyll, Kintyre and the Islands Area Committee are asked to:
1. note the financial position of the Charitable Trusts, Bequests and Trust
Funds as of August 2024; 
2. agree that the Hutcheon Memorial Trust and May Paterson Trust prizes
be limited to £30; 
3. agree that all other charities and trust funds, that have historically been
awarded to Council Departments and Allied partners, are awarded on
the basis outlined in paragraph 5.4 and defined within appendix 1; 
4. agree to open applications to the Kintyre Youth Fund with awards of
£100 being offered; and 
5. note that an application to the Fisher Bequest remains outstanding and
Officers are considering appropriate distribution arrangements for the
McAllister Mortification and that a report will be submitted in this regard
to a future meeting. 
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. 
ARGYLL AND BUTE COUNCIL MID ARGYLL, KINTYRE AND THE
ISLANDS AREA COMMITTEE 
LEGAL & REGULATORY SUPPORT 4 December 2024

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5.2 Of the 19 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 December 2021 the Area Committee agreed to place a moratorium on the
distribution of monies from 6 funds as they had no/limited funds available for
distribution. This approach has served to lessen the administrative burden and
will allow interest to be accumulated to ensure maximum community benefit at a
later date. One of those funds, specifically Kilkerran Cemetery, has performed
well over the last 12 months and should it continue to do so will be considered
for reactivation in 2025. 
5.4 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 to allow for maximum benefit from the resources available,
those Funds that hold more than £1k will be allocated on a 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.
5.5 The exemption to this rule is the funds which relate to a school prizes, the
Hutcheon Memorial Trust and the May Paterson Trust. It is suggested the level
of each prize be £30 this is in line with those awarded in other areas. This will
be paid by Finance on receipt of confirmation of the recipient from the school.
The Hutcheon Memorial Trust is awarded to the pupil that displays general
excellence within the subject of mathematics, while the May Paterson Trust is
awarded to the pupil that displays general excellence within business studies.
5.6 Should the Area Committee approve this approach over £6000.00 will be
available to council departments and allied partners this financial year. Of which
around £4.5k is awarded to Live Argyll via the Library Endowment Fund. Since
2020 around £11k has been allocated from this fund.  
5.7 A small number of funds, five, have bespoke distribution methods which are
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.  Applications to the Kintyre Youth Fund had been paused in
recent years due to a lack of funds, however given that the Fund is now in a
more positive position it is suggested that Members agree to accept
applications once more.  To ensure the financial viability an to enable more
application to be accepted it is suggested that awards are limited to £100 per
application.
5.8 Due to the restrictive nature of some funds, specifically the Macalister Mortification
and The Fisher Bequest, difficulties have been faced in establishing suitable
distribution arrangements. Following agreement by the Area Committee in
February 2024 officers have engaged with a suitable organisation to apply for

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support from the Fisher Bequest fund. The application remains outstanding, on
submission this would be subject to consideration by the Area Committee.
5.9 Officers from Legal and Regulatory Support continue to explore appropriate
distribution arrangements for the Macalister Mortification. The fund must ‘Be
invested in heritable security for the poor of the parish’. ‘Heritable security’ is
essentially a mortgage and therefore the money available would have to be used
for the fabric of a property that is accessed/used by the ‘poor’ of the parish. The
strict nature of these terms and the small geographical area limits the number of
potential applicants to this fund and as such it may be that the fund be considered
for reorganisation via the Law Reform (Miscellaneous Provisions) (Scotland) Act
1990 and The Public Trusts (Reorganisation) (Scotland) (No.2). This process can
be long and laborious and one that should be avoided, if at all possible. 
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. On
approving the recommendations they will provide a clear community benefit
while 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 
7.7  Risk – None 
7.8 
7.9 
Customer Service – None 
The Rights of the Child (UNCRC) – None

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Douglas Hendry
Executive Director with responsibility for Legal & Regulatory Support 
November 2024 
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