Agenda item

Carried forward from December Council meeting

With reference to Article 11 of the minute of its meeting of 11 December 2024, the Council had before it a report by the Chief Officer - Governance which sought approval to establish a new charitable trust (“Aberdeen Archives, Gallery & Museums Trust”) and take specified actions in relation to the Alexander MacDonald Bequest, and provided an update on other activity in relation to trusts to which the Council is connected.

The report recommended:-

that the Council:-

(a)           agree the establishment of a new charitable trust (to be known as “Aberdeen Archives, Gallery & Museums Trust”) and approve the proposed constitution thereof in Appendix F;

(b)           instruct the Chief Officer - Governance to submit the necessary application (including signed trustee declaration form and the constitution) to the Office of the Scottish Charity Regulator (OSCR) for its approval; authorise that Chief Officer, prior to such OSCR approval being obtained but following consultation with the Co-Leaders, to make any amendments to the constitution which that Chief Officer considers to be appropriate; and authorise that Chief Officer to take any other appropriate action in relation to the application and any action necessary to bring the constitution into effect;

(c)           instruct the Chief Officer - Finance to arrange for registration of the new charitable trust with HM Revenue & Customs (HMRC), and to take any other appropriate action, in order to allow for gift aid to be claimed on monetary donations to the trust;

(d)           appoint the Chief Officer - City Development & Regeneration to be lead Council officer (in terms of the Council’s Powers Delegated to Officers) in respect of the new charitable trust; authorise that Chief Officer to approve the making of payments from the funds of the trust (in terms of the Council’s Powers Delegated to Officers) and to take any appropriate action in relation to the operation and management of the trust; instruct the Chief Officer - Governance to add the trust to the Council’s list of Arts & Culture Trusts (the current version of which list is in Appendix D); and appoint the Chief Officer - Governance to be secretary to, and the Chief Officer - Finance to be treasurer of, the trust;

(e)           instruct the Chief Officer - Governance to submit an application to OSCR in respect of the Alexander MacDonald Bequest (charity number SC018568) in order to permit the expenditure of its total remaining funds (capital and revenue) on artworks in terms of the trust deed’s provisions and the winding-up of this charitable trust; and authorise that Chief Officer to take any other appropriate action in order to facilitate such expenditure and winding-up;

(f)             note the other activity, as detailed in this report, in relation to trusts to which the Council is connected; and

(g)           instruct the Chief Officer - Governance to, as appropriate, bring a report to Council and/or provide a service update to elected members no later than December 2025 on future activity in relation to trusts to which the Council is connected.

Councillor Greig moved, seconded by Councillor Mennie:-

That the Council approve the recommendations contained within the report.

Councillor Malik moved as an amendment, seconded by Councillor Tissera:-

          That the Council agree to take no action.

On a division, there voted:-

For the motion  (26)  -  Lord Provost; Depute Provost; and Councillors Al-Samarai, Allard, Alphonse, Bouse, Brooks, Hazel Cameron, Clark, Cooke, Copland, Cormie, Cross, Davidson, Fairfull, Greig, Henrickson, Hutchison, Kusznir, MacGregor, McLellan, McLeod, Mennie, Radley, van Sweeden and Yuill.

For the amendment   (14)  -  Councillors Ali, Blake, Bonsell, Crockett, Graham, Grant, Lawrence, Macdonald, Malik, Nicoll, Mrs Stewart, Thomson, Tissera and Watson. 

Declined to vote  (1)  -  Councillor Boulton.

The Council resolved:-

to adopt the motion.