Public Libraries & Museums Act

Public Libraries & Museums Act 1964

Local councils have to abide by this Act which makes public library services a statutory duty for local authorities. Councils must:

• Provide a comprehensive and efficient library service for all persons in the area that want to make use of it (section 7)
• Promote the service (section 7(2)(b))
• Lend books and other printed material free of charge for those who live, work or study in the area (section 8(3)(b))

The Government superintends councils' role and has a duty to:

• Oversee and promote the public library service (section 1(1))
• Take action where a local authority fails to perform its duties (section 10)

This role is currently undertaken by the Department for Culture, Media and Sport (DCMS). The Secretary of State of the DCMS is Jeremy Hunt. The Minister responsible for libraries (the Minister for Culture, Communications & the Creative Industries) is Ed Vaizey.

Why the duties are important

The statutory duties imposed by the Act are important because:

• It means the relevant councils have a legal obligation to provide a public library service.
• They allow councils to be monitored and inspected by the Secretary of State.
• Without them, it would be very difficult to hold councils to account.
• Without them, local people will be much less likely to receive a quality service. 

Government review of statutory duties

In 2011 the Department of Communities and Local Government asked for comments on the statutory duties placed on local government (including those fconcerning libraries) and received over 6,000 responses. The review has noww closed. Any future cosinderations about whether to remove specific duties will involve further consultation.

To a question in the House of Lords in June 2011, Baroness Hanham, the Parliamentary Under-Secretary of State, Department for Communities and Local Government stated that: "The Government have no intention to remove statutory protection where this will have a negative impact on the services provided to the public. Such protections that will rightly remain include, for example, services for vulnerable children...allotments and libraries."

More about the DCLG review

What we are doing

We have sent an open letter to Ed Vaizey urging him to make it clear to the DCLG that there is a continuing need for the public library duties. We have reminded him how much public concern there is over the future of public libraries.

We published a statement on the position of the public library service in England (on Save our Libraries Day 5 February 2011).

In 2010 we revised and sent out to all local authorities our guidelines on what makes a good public library service.

What campaigners are doing

As local councils have announced cuts and closures of public libraries, local campaigns (and CILIP in our public libraries statement) have called for the Secretary of State to use his powers to intervene. However, to date he has not. 

Find out more about local campaigns on Public Libraries News and Voices for the Library websites.

Case study: The Wirral inquiry

CILIP was involved in the Wirral Inquiry. CILIP referred Wirral MBC to the DCMS with a recommendation that the Minister investigate its proposals to close 11 libraries. In 2009, the Government conducted a formal public inquiry into Wirral Council's changes to its library service. The Inquiry was led by Sue Charteris. 

The Inquiry found that Wirral had been in breach of its statutory duties to provide comprehensive and efficient public library services and had failed to make an assessment of local needs and did not have a strategic plan or review for the library service.

Wirral withdrew its proposal to close 11 libraries. The Wirral Inquiry report remains an important document that sets out, for instance, the need for a library strategy based on an analysis and assessment of local needs.