Legal Advice on Power of Parish to Fund Libraries

A lot of people have asked about the legal advice that will be referred to in next Monday’s meeting of the Town Council.

The Friends of Somerset Libraries have sent us a copy of the legal advice written by the Senior Solicitor at Somerset County Council regarding the powers of parish and town councils to fund libraries (note that this was written for internal use and is not to be relied upon by other parties).

The advice identifies two different powers that can be used.  The first, under Section 1 of the Localism Act 2011, does not apply in Wiveliscombe but with regard to the second power the advice concludes: “Parish and town councils … may rely on section 137(3) of the Local Government Act 1972 to provide funds both to community library partnerships and to library authorities providing the funds contributed do not exceed a specified level”.

You can read the advice by following this link: SCC internal legal advice – provision of funds by parish councils for libraries 20.04.2018 (PDF)

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