No. 40/1947:

PUBLIC LIBRARIES ACT, 1947

ARRANGEMENT OF SECTIONS

1 Definitions.

2 An Chomhairle Leabharlanna.

3 General statement of purposes of central library.

4 Improvement of public library services.

5 Membership of Council.

6 Appointment of members and cessation of membership.

7 Procedure of Council.

8 Application of enactments relating to local authorities, etc.

9 Byelaws.

10 Existing staff of Irish Central Library for Students.

11 Premises.

12 Insurance.

13 Gifts.

14 Seal.

15 Annual report and audited accounts.

16 Grants to Council for financial aid to local authorities.

17 Expenses of Council.

18 Expenses of Minister.

19 Repeal of section 89 of Local Government Act, 1941.

20 Short title and collective citation.

SCHEDULE

AN ACT TO ESTABLISH A BODY TO BE CALLED AN CHOMILAIRLE LEABHARLANNA FOR THE PURPOSES OF ACCEPTING FROM THE CARNEGIE TRUST THE GIFT OF THE IRISH CENTRAL LIBRARY FOR STUDENTS, OF OPERATING A CENTRAL LIBRARY AND OF ASSISTING LOCAL AUTHORITIES TO IMPROVE THEIR LIBRARY SERVICES, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[17th December, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

the expression "the Carnegie Trust" means the Carnegie United Kingdom Trustees incorporated by Royal Charter;

the expression "the Council" means An Chomhairle Leabharlanna established by section 2 of this Act;

The expression "local authority" (except in section 8) means a body being the council of a county, the corporation of a county or other borough or the council of an urban district;

the word "member" when used without qualification means member of the Council;

the expression "the Minister" means the Minister for Local Government.

(2) References in this Act to an enactment which is amended are to that enactment as so amended.

Establishment and Functions of Council.

2.—(1) There shall be a body to be known as An Chomhairle Leabharlanna.

(2) The functions of the Council are to accept from the Carnegie Trust the gift of such books, equipment and other assets of the Irish Central Library for Students as may be offered to it, to establish, maintain and operate a central library and to assist local authorities to improve their library services.

(3) The Council shall be a body corporate with perpetual succession and a seal, and may sue and be sued in its corporate capacity and hold land.

3.—The purposes of the central library to be established by the Council shall include the following:—

( a ) to supplement the regular library services of local authorities, educational institutions and learned societies, and the services of public and special libraries generally, by providing books required for study and research;

( b ) to supply such books to readers directly;

( c ) to serve as a medium for the supply of books of public and special libraries to readers for study and research;

( d ) to aid by the supply of books, directly and through responsible bodies, organised groups of students.

4.—(1) The Council may consult with and advise local authorities as to the improvement of public library services, assist them to improve such services and make recommendations to the Minister in relation to such services.

(2) The assistance provided for in subsection (1) of this section may, with the consent of the Minister, include financial aid.

(3) The Council, with the consent of the Minister, may make arrangements with other library bodies for the mutual extension of library services.

Membership and Procedure.

5.—(1) The Council shall consist of a chairman and twelve other members.

(2) The chairman shall be appointed by the Minister after consultation with the Minister for Education.

(3) The other members shall he appointed by the Minister as follows:—

( a ) one on the nomination of the Governing Body of University College, Dublin,

( b ) one on that of the Governing Body of University College, Cork,

( c ) one on that of the Governing Body of University College, Galway,

( d ) two on that of the Board of Trinity, College, Dublin,

( e ) one on that of the Council of Trustees of the National Library of Ireland,

( f ) three on that of the Irish County Councils General Council,

( g ) two on that of the Association of Municipal Authorities of Ireland,

( h ) one on that of an association (in this section called "an approved association") approved by the Minister, the objects of which include the advancement of the work of public libraries in the State.

(4) Each person nominated by the Irish County Councils General Council shall be a member of the council of a county.

(5) Each person nominated by the Association of Municipal Authorities of Ireland shall be a member of a local authority, and at least one of them shall be a member of the corporation of a county borough.

(6) The person nominated by an approved association shall be a member or officer of a local authority.

6.—(1) The first appointment of members shall be made as soon as may be after the passing of this Act.

(2) There shall be a new appointment of members to take effect on the 1st day of January in every fifth year after the year in which the first appointment takes effect.

(3) The existing members shall go out of office on the appointment of their successors.

(4) An outgoing member may be re-appointed.

(5) A member may resign by letter addressed to the Minister.

(6) The nominator of a member may request the Minister to remove him from office and the Minister shall comply with the request.

(7) A member who is required to be a member of a local authority shall, if he ceases to be such, thereupon cease to be a member of the Council.

(8) A vacancy on the Council shall be filled by the Minister on the nomination of the nominator of the person whose cessation of membership caused the vacancy.

7.—(1) The Council may act notwithstanding vacancies in its membership.

(2) The quorum for a meeting of the Council shall be such number as the Council may from time to time fix or, if no quorum is for the time being so fixed, five.

(3) The Council may, with the consent of the Minister, make rules for the conduct of its proceedings.

Administration of Council.

8.—(1) The Council shall, within the meaning and for the purposes of each of the enactments specified in the Schedule to this Act, be deemed to be a local authority, local body, county council or public body, according to the context of the enactment, and every reference therein to a Minister shall be construed as a reference to the Minister.

(2) ( a ) In the event of the removal of the members from office under section 44 of the Local Government Act, 1941 (No. 23 of 1941), as applied by this Act, the Minister shall appoint members (in this section referred to as new members) in their stead.

( b ) Sections 48 and 49 of the Local Government Act, 1941 shall in their application to the Council have effect as if the references therein to a new election of members were references to such appointment.

(3) Notwithstanding anything to the contrary in section 6 of this Act, the appointment of new members shall be made to take, effect as follows:—

( a ) if the period of five years after the removal of the members expires within one year before the 1st day of January in the year in which a new appointment of members would be required save for such removal, either

(i) on the said 1st day of January, or

(ii) on any day within the period of five years after such removal;

( b ) otherwise, on any day within the period of five years after such removal.

(4) Subject to subsection (3) of this section, the removal of the members from office and the appointment of new members shall not alter the years in which new appointments are to take effect.

9.—The Council shall be deemed to be a library authority within the meaning and for the purposes of the provisions of the Public Libraries Act, 1901, as extended and adapted by section 8 of the Public Libraries (Ireland) Act, 1902, enabling a library authority to make byelaws, and otherwise relating to such byelaws.

10.—(1) On the acceptance of the gift of the Carnegie Trust, each person who is then a member of the staff of the Irish Central Library for Students shall become a member of the staff of the Council and shall be deemed to have been duly appointed to the staff of the Council pursuant to Part II of the Local Government Act, 1941 (No. 23 of 1941).

(2) In the case of a pensionable member of the staff of the Irish Central Library for Students who becomes, by virtue of subsection (1) of this section, an officer of the Council, the service of such person as a member of the said staff shall, for the purposes of Part IV of the Local Government Act, 1925 (No. 5 of 1925), as applied by this Act, be reckoned as service as an officer of the Council.

(3) ( a ) The Carnegie Trust shall, for the purposes of this section, be a contributing body under section 47 of the Local Government Act, 1925 .

( b ) If a contribution is payable by the Carnegie Trust by virtue of paragraph (a) of this subsection in respect of the person who, on the 4th day of July, 1947, held the position of librarian to the Irish Central Library for Students, the contribution shall be at the rate of two hundred and twenty-five pounds a year.

11.—(1) For the purpose of providing premises for the performance of its functions, the Council may, with the consent of the Minister—

( a ) purchase or take on lease any land,

( b ) build, equip and maintain premises.

(2) The Council may, with the consent of the Minister, sell or lease any land or premises held by it and no longer required for the performance of its functions.

12.—The Council may insure against any risk of damage to its property or loss to its funds.

13.—(1) The Council may accept gifts of money, land and other property upon such trusts and conditions, if any, as may be specified by the person making the gift.

(2) The Council shall not accept a gift if the conditions attached by the donor to its acceptance are inconsistent with the functions of the Council.

14.—(1) The Council shall provide and keep a seal.

(2) The seal of the Council shall, when affixed to a document, be authenticated by the signature of the chairman or some other member authorised in that behalf by the Council.

(3) All courts of justice shall take judicial notice of the seal of the Council, and every document purporting to be sealed with the seal of the Council and to be authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

15.—(1) The Council shall, in every financial year—

( a ) prepare a report of its work in the preceding financial year;

( b ) present a copy of the report to the Minister;

( c ) present a copy of the report, and of the local government auditor's report on its accounts for the said preceding financial year, to every nominator of a member and to every local authority which is, under section 17 of this Act, required to contribute to the expenses of the Council for the said preceding financial year.

(2) A copy of the Council's report and of the local government auditor's report shall be laid by the Minister before each House of the Oireachtas.

Financial Provisions.

16.—There may be paid to the Council, out of moneys provided by the Oireachtas and in accordance with regulations made by the Minister with the consent of the Minister for Finance, grants of such amounts as the Minister may sanction to enable the Council to provide financial aid to local authorities for the improvement of their library services.

17.—(1) The following provisions shall have effect in relation to the expenses of the Council, excluding any financial aid to local authorities:—

( a ) in the financial year current at the passing of this Act and in every subsequent financial year, there may be paid to the Council, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the concurrence of the Minister for Finance, may sanction towards such expenses for that financial year, but so that the total of such grants shall not exceed two thousand five hundred pounds or one-half the amount of such expenses whichever is less,

( b ) so much of such expenses as is not provided for under paragraph (a) of this subsection or otherwise shall, be refunded to the Council by the several councils of counties and corporations of county boroughs in proportion to the rateable valuations of their respective functional areas,

( c ) any amount to be so refunded shall be charged as a charge incurred by the local authority as a library authority under the Public Libraries (Ireland) Acts, 1855 to 1911, as amended by section 65 of the Local Government Act, 1925 (No. 5 of 1925).

(2) The Council may, with the consent of the Minister, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for current expenditure.

18.—The expenses of the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

19.— Section 89 of the Local Government Act, 1941 (No. 23 of 1941), is hereby repealed.

20.—(1) This Act may be cited as the Public Libraries Act, 1947 .

(2) The Public, Libraries (Ireland) Acts, 1855 to 1911, sections 65 and 66 of the Local Government Act, 1925 (No. 5 of 1925), and this Act may be cited together as the Public Libraries Acts, 1855 to 1947.

Section 8.

SCHEDULE

APPLICATION OF ENACTMENTS.

1. Appointment, remuneration and removal of officers and servants.

Local Authorities (Officers and Employees) Act, 19216 (No. 39 of 1926).

Local Government Act, 1941 (No. 23 of 1941), Part. II.

Local Government Act, 1946 (No. 24 of 1946), Part III.

2. Superannuation of officers and servants.

Local Government Act, 1925 (No. 5 of 1925), Part IV.

Local Government Act, 1941 , Section 78.

3. Travelling and subsistence expenses.

Public Health and Local Government Conferences Act, 1885.

Local Government Act, 1925 , Section 59.

Local Government Act, 1941 , Section 80.

Local Government Act, 1946 , Section 67.

4. Accounts and Audit.

Local Government Act, 1925 , sections 61 and 62.

Local Government Act, 1941 , Part VII.

Local Government Act, 1946 , sections 68 and 94.

5. Local Inquiries, Returns and Inspection.

Local Government Act, 1941 , sections 83 to 86.

Local Government Act, 1946 , sections 88, 89, 91, and 93.

6. Removal of members from office.

Local Government Act, 1941 , sections 44, 48, 49, 50, 52, 53 and 55.

Local Government Act, 1946 , section 64.

7. Insurance.

Local Authorities (Mutual Assurance) Act, 1926 (No. 34 of 1926).

8. Appointment of Committees.

Local Government Act, 1925 , section 58.