Removal of legal restriction on expenditure on church buildings etc.
S. 82, Levelling Up and Regeneration Act 2023 came into effect on 26th December 2023, removing the restriction the Local Government Act, 1894 previously had on parish councils from incurring expenditure on buildings, grounds etc. relating to the Church or ecclesiastical charities.
It should be noted that the change will only remove the restriction - expenditure can only be incurred when:-
- a council has the general power of competence; or
- a specific statutory power exists; or
- where the council decides the expenditure will benefit the area/inhabitants, using s.137, Local Government Act 1972.
Other than in the case of formally closed churchyards, any such expenditure is totally at the discretion of local councils
NALC’s legal briefing L02-23 provides further information.