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Maltese Laws |
MALTA LIBRARIES ACT
To repeal and re-enact with amendments the law relating to Public
Libraries.
ACT VII of 2011.
1st August. 2011*
PART I
PRELIMINARY
"author" means a person or a body corporate responsible for the intellectu al , and or ar tistic con t ent o f a wo rk
and includ es t h e person who undertakes the editing, printing or compiling of such work even when no specific author is identified;
"the Council" means the Malta Libraries Council established under article 4;
"deposi t or" m eans th e person or bod y co rpo r ate respo n sibl e under this Act to deposit documents with the depository
library;
"deposito ry l i br ar ies" means t h e Nati onal Lib r ary, t h e Gozo Public Library, and, at its own request, the library
of the University of Malta;
"document" means a published or unpublished document, record, publication, or work containing information or otherwise meant
to communicate, regardless of form or medium, including ephemera of permanent value;
"electronic document" means a document, regardless of form or medium, produced using electronic means to make information
available to the public and stored in computers or other storage media, and which may be disp layed or accessed ei ther on a computer
monitor, on other storage media or as a print-out;
"financial year" means any period of twelve months ending on the 31st December:
Provided that the first financial year of the Malta Libraries shall begin on the coming into force of this Act and shall end on the
31st December of the next following year;
"House" means the House of Representatives;
"legal deposit" means the deposit of pub lished docum ents, pu bl i cat io ns , reco rds o n wo rks, wi t h de po sit o
ry li brari e s, as pr ov i d ed f o r in th is Ac t, to en su re t h e bu i l d i n g an d lo ng - t er m pr eservation of a na
ti onal collection for the current and future reference, study and research requirements of present and future
Short title.
Interpretation.
*See article 1 of the Act as originally enacted, and Legal Notice 312 of 2011.
Cap. 497.
Cap. 497.
generation;
"libraries" means the libraries falling under the responsibility of the Malta Libraries and include the National Library,
the Central Public Library, the Gozo Public Library, and the Regi onal and Branch public libraries;
"M alta Librarie s" means the en ti ty cal led M a lt a Li br ar ie s established under article 4;
"Malta National Bibliography" means the list, irrespective of form o r m e diu m t ogeth er wi th a detail ed bi bli
ograp hical description, of each new publication received in a given year by way of legal deposit and to be compiled under article
7;
"m edi u m" i s an y m e ans of storing information or communication;
"the Mini ster" m eans the Mini ster respon sibl e for th e Malta
Libraries and its libraries;
"National Librarian" m e ans the head of the Malta Libraries appointed under article 5;
"National Library" means the National Library of Malta;
" t he Permanent Se cretary" means the person a p pointed to supervise the Malta Libraries in terms of the Public Administration Act;
"prescribed" means prescribed by regulations or orders made under this Act;
"the Principal Permanent Secretary" means the person appointed in terms of article 14 of the Public Administration Act;
"printer" means the person who prints, reproduces, or otherwise makes multiple copies of any publication, regardless of
form or medium;
"Public Libraries" means the Central Public Library, the Gozo
Public Library and the Regional and Branch Public Libraries;
"publication" means any published document, record, or work, regardless o f form or m ediu m, i nclu din g p ri nted ,
audi o-visual , microform, electronic hand-held or online documents, records or work, made available to the public whether freely,
on loan, or for sale;
"public officer" has the same meaning assigned to it by article
124 of the Constitution;
"publisher" means any person or body corporate responsible for making available to the public any publication, regardless
of form or medium, i rrespect i ve of wh eth e r su ch person is the autho r, printer, producer or other person or body making finished
copies of such publication;
"reco r d" includes an y bo ok, manuscri p t, parchmen t paper, photograph, or any form, schedule, questionnaire, or other
such document, or any recorded or stored information, regardless of form or medium;
"Regional and, or Local Council" means a regional and, or local council established under the Local Councils Act,
"work" includes every literary, scientific or artistic book, part or di visi on t hereo f, pam ph let , m on og ra ph,
new spap er, p eri od ica l, sheet of music, map, pl an, chart or table separately publis hed, regardless of form or medium, but
does not include any second or subsequent edition of a work unless such edition contains additions or alterations in the maps,
prints or other engravings belonging thereto.
3. The provisions of this Act shall be without prejudice to the functions of the Principal Permanent Secretary under the Public Ad m i nistration Act an d to his p o wers to issue directives and guidelines with respect to government agencies.
PART II
CONSTITUTION, COMPOSITION AND FUNCTIONS OF THE MALTA LIBRARIES AND THE NATIONAL LIBRARIAN
(2) The Malta Libraries shall be a body corporate having a d i stin ct legal person ali t y an d sh all be capabl e, sub
j ect to the pro visio ns of th is Act , of enter ing in to co ntracts, of acqui rin g, h o ldi ng and disp osing of any prop ert
y for the pu rpose of its functions, of suing and being sued, and of doing all such things and entering into all such transactions
as are incidental or conducive to the exercise or performance of its functions under this Act.
(3) This Act shall apply to any library listed in the Schedule.
(4) The Malta Libraries shall assume the legal personality previously vested in the Libraries Department and, from the entry
into force of this Act, shall assume responsibility for all assets, liab ili ties and obli g at ion s previo usly entered int o
b y t h e said Department or by other bodies on their behalf.
Cap. 363.
General. Cap. 497.
Constitution of
Malta Libraries.
(a) to continue to acquire, assemble, conserve for posterity, and make accessible to the public, the collection
of the nation’s documentary heritage and published current output, regardless of form or medium, to be found
in the libraries;
(b) to manage, administer, and develop the libraries under its control, and to provide leadership to other libraries in Malta
in such areas as management and conservation of library materials, and to promote
Functions of Malta
Libraries.
national cooperation schemes and the professional training of librarians and information professionals;
(c) to assist Local Councils which run a public library to ensure that the library maintains high standards;
(d) to enhance the quality of life of the public by providing library reference and lending services and library
material, in whatever form or medium, for education, self-development, lifelong learning and recreation purposes;
(e) to foster and strengthen reading habits and support literacy and other cultural activities and programmes for all age
groups;
(f) to accept and acquire private records of significance by gift, purchase, bequest or deposit;
(g) explore innovative services, including information, communication and technology services, that can benefit patrons
in accessing and using information;
(h) serve as the role model library system for other libraries in Malta; and
(i) to perform such other functions as may from time to time be assigned to it by the Minister.
National Librarian and Deputy Librarians.
Provided that the National Librarian shall have a higher education qualification in the domain of libraries:
Provided further that the first appointment of National Librarian and Deputy Librarians shall be made by the Minister for an
initial period of three years.
(2) The legal and judicial representation of the Malta Libraries shall vest in the National Librarian provided that the National
Librarian may appoint any one or more of the officers or employees of the Malta Libraries, to appear in his name and on his behalf
in any judicial proceedings and on any act, contract, instrument or other document whatsoever.
National Librarian to the Chief Executive Officer.
(a) assume full responsibility for the administration and organization and the administrative control of the
officers and employees of the Malta Libraries and for such purpose assign to each officer or employee such duties as may be required;
(b) develop the necessary strategies for the implementation of the objectives of the Malta
Libraries;
(c) advise the Minister and the Council on any matter they may refer to him or on any matter which he considers necessary or expedient;
(d) regulate and generally supervise the work of the libraries and of the library services in general in accordance
with international requirements and standards;
(e) ensure that all laws related to copyright and dissemination of information are duly respected;
(f) liaise with other public bodies concerning the supply of data and the coordination of activities with library implications;
(g) on the advice of the Council, and with the approval of the Minister, dispose of records in his custody which do not warrant preservation
by the Malta Libraries;
(h) enter into arrangements with other institutions for the joint management or conservation or restoration of libraries or
library material, and for the provision of reprographic or other technical facilities;
(i) keep updated with international library developments through following the published literature, attendance of relevant
conferences, training sessions and workshops and networking with peers to transmit such knowledge to own Malta Libraries
staff and the local library community and translate such knowledge into ideas and projects that further improve the Malta
Libraries; and
(j) perform such other duties as the Minister may assign to him from time to time.
(2) Without prejudice to the foregoing, in respect of the
National Library, the Deputy Librarian National Library shall:
(a) manage and conserve its national collections for present and future generations and ensure their accessibility
to researchers;
(b) continue to acquire, assemble and conserve documents, publications, records, works, whether electronic
or not, published in Malta, or by Maltese authors, or about Malta, or in the Maltese language, or about any aspect of Maltese
studies by any author, wherever they are published;
(c) acquire, assemble and conserve manuscripts and other unpublished material on any subject by Maltese authors, or on
any aspect of Maltese studies by any
author;
(d) organise the collections in such a way as to make them easily accessible to researchers and provide these with the necessary
facilities within the limits of the resources available;
(e) continue to develop, within the National Library, a National Bibliographic Centre that will maintain the Malta National
Bibliography;
(f) make its collections known by organising exhibitions and other promotional events; and
(g) work closely with the National Archivist such that users of both institutions can easily access each other ’s collections
for users’ greater benefit.
(3) In respect of the other libraries, the Deputy Librarian
Public Libraries shall:
(a) maintain a network of the libraries listed in the
Schedule;
(b) involve and advise the Regional and Local Councils in the administration of regional and branch libraries according to
the standards of best practice regulating such libraries;
(c) provide access to all library reference and lending services to foster and strengthen the reading habits of all age groups;
(d) support individual formal and non-formal education and literacy activities and programmes at all levels and for all age groups;
(e) promote opportunities for personal creative development and for awareness and appreciation of cultural
heritage, literature, scientific achievements and innovations;
(f) provide information services to individuals, local enterprises, and associations;
(g) provide professional advice, guidance and assistance on the establishment and management of libraries and on the training
of library and information professionals;
(h) inspect the libraries and establish and ensure compliance with standards for their management to actively
promote the improvement of such standards;
(i) ensure the arrangement and description of the holdings of the libraries and provide appropriate finding aids to facilitate access
to them;
(j) give advice to users on the use of the libraries; and
(k) make the holdings and services of the Libraries known by organising exhibitions and other promotional activities and
events.
(2) Loans of records or objects belonging to the Malta Li braries out side Mal t a may no t b e mad e with out th e writ ten permission of the Minister given following consultation with the National Librarian and the Council.
Loan of documents, etc., from the National Library and other depository libraries.
(2) The National Librarian may, however, on the advice of the Council, limit access by the public to documents, publications,
records, works and objects under his custody where:
(a) their fragility so warrants; or
(b) the exigencies of the libraries make it necessary.
(3) The National Librarian shall strive to make any usable exact copies available in the most appropriate format such
as in digital or microfilm format.
(4) All applications for copies of or extracts from documents, publications, records or works in any of the libraries shall be
made to the National Librarian, who is hereby authorised to issue, attest and authenticate all copies of, and extracts from, such
documents.
(5) Without prejudice to the provisions of this Act, every copy of a record issued as a true copy duly sealed with the seal of
the Malta Libraries and signed by the National Librarian shall, for the pu rposes of any law, be deemed an auth entic copy, and
fo r the purpose of evidence in any court or tribunal be deemed equivalent to the original.
Public access to documents, etc.
(2) Each such copy shall comprise the whole work with all maps and illustrations and inclusive of any application software
and the full set of user and technical documentation and any other addenda belon g ing theret o, fini sh ed and co loured in the
same manner as the best copies of the work are published.
(3) When the copies of a publication are forwarded by post, pos t a g e s h a ll be either fre e or at the e x pe nse of the National
Librarian.
(4) During the first fifteen days of January, April, July and
Copies of work to be supplied to libraries.
October of every year, every printer and publisher of printed or analogue documents shall send to the National Librarian a return
showing the author and title of every publication which has been printed or publi s hed by that pr inter or pub lisher during the
immediately preceding three complete months or, as the case may be, a nil return in respect of that period.
(5) Any person or body corporate who fails to comply with any o f th e pr ov isi o n s o f th is ar ti cle shal l be li ab le to
a fin e as th e Mi ni ster may fr om tim e to ti me d e t e r min e in acco r d a n c e wi th article 33:
Provided that article 31 shall not apply where any person or body corporate fails to comply with any of the provisions of this article
as provided in subarticle (5).
National Librarian may authorize downloading, etc., of electronic documents.
Right of preference exercisable by Government.
(2) Such right of preference shall be exercised by the National Librarian by means of a judicial act served on the purchaser within
two months from the date on which the vendor or the purchaser gi ves no ti ce t o th e Min i st er, by means of a judicia l act
or a registered letter, of the sale indicating the name and address of the purchaser and the conditions of the sale, or, if no such
notice is given, within six months on which it shall come to the knowledge of the Minister that a sale has been effected.
(3) Any person who is responsible for any act or omission havi ng the ef fect of frustrat i ng the exercise of the ri
ght of preference appertaining to the Government under this article shall be guilty of an offence under this Act and shall be liable
for the penalties contemplated in this Act.
Relationship between National Librarian and Minister.
National Librarian shall:
(a) give effect, as soon as practicable, to any direction, not inconsistent with any provision of this Act which the Minister may
give to him, in relation to the policy to be followed by him in the discharge of his functions, and in relation to any matter
which appears to the Minister to affect the Malta Libraries and its libraries;
(b) ensure that operations of the Malta Libraries shall follow a performance agreement which is to be agreed to between the
Permanent Secretary and the Malta Libraries and for this purpose article 40 of the Public Administration Act shall mutatis mutandis apply;
(c) afford to the Minister facilities for obtaining any information with respect to the property and activities of the Malta
Libraries, and for this purpose the National Librarian shall furnish the Minister with returns, accounts and other
information with respect thereto, and shall afford to him facilities for the verification of any information furnished,
in such manner and at such times as the Minister may reasonably require.
(2) Save as otherwise provided in this or any other Act, or regulati ons administered by the Malta Li braries, the Malta
Libraries shall be under the general direction of the Minister and, subject to such direction, under the supervision of the Permanent
Secretary responsible for the Ministry.
(3) The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Malta
Li brari e s di rect ion s in writ in g o f a g e neral ch ar acter no t inconsistent with the provision s o f th is or an y oth
e r Act, or regulations administered by the Malta Libraries, on the policy to be followed by the Malta Libraries in the carrying
out of its functions, by or under this Act, and the Ma lta Libraries shall, as soon as possible, give effect to all such directions.
(4) Save as otherwise provided in this Act, or any other Act or regulations administered by the Malta Libraries, article 38 of
the Public Administration Act shall mutatis mutandis apply.
Cap. 497.
Cap. 497.
14. The Minister may establish an Advisory Board to assist the National Librarian in the manner provided under article 42 of the Public Administration Act.
(a) a Chairperson;
(b) the National Archivist ex officio;
(c) the Head Division of Library, Information and
Archives Studies at the University of Malta ex officio;
(d) the Director of the Local Councils Department;
(e) not more than three other persons chosen from amongst persons active in the library, records management
and information professions, or working in non-governmental organisations dedicated to library and information services, one
of whom shall be appointed following consultation with the Minister responsible for Gozo:
Advisory Board.
Cap. 497. Composition of the
Council.
Cap. 492.
Provided that one of these persons shall be chosen from among nominations made by associations of librarians which
are voluntary organisations registered in accordance with the Voluntary Organisations Act.
(2) The National Librarian shall attend all the meetings of the
Council but shall not vote at such meetings:
Provided that the Council may, if it deems so fit, require the National Librarian not to attend any of the meetings or any part of
a meeting.
(3) The members of the Council shall be appointed for a term of three years, but the members so appointed shall be eligible for
re-appointment on the expiration of their term of office.
(4) The meetings of the Council shall be called by the Chairperson as often as may be necessary but at least once every
two months either on his own initiative or at the request of any two of the other members.
(5) Half the number of members for the time being constituting the Council shall form a quorum. Decisions shall be adopted by a
simple majority of the votes of the members present and voting. The Chairperson shall have an initial vote and in the event of
an equality of votes, a casting vote.
(6) Any member who has a direct or indirect interest in any cont ract or other acti on m a de or p r oposed to be m a d e by the
Council in connection with the Malta Libraries and its libraries, shall disclose the nature of his interest at the first meeting
of the Council after the relevant facts have come to his knowledge. Such disclosure shall be recorded in the minutes of the meeting,
and such member shall withdraw from any meeting while such matt er is discussed or decided upon by the Council.
(7) Subject to the provisions of this Act and to such procedures as may be prescribed, the Council shall regulate its own proceedings.
Functions of the
Council.
(a) promote the Malta Libraries, its libraries and objectives;
(b) ensure and facilitate collaboration between different stakeholders with direct or indirect responsibility for the promotion
and management of the libraries sector;
(c) advise the Minister and the National Librarian on the management of libraries in Malta;
(d) draw the attention of the Minister and of the National Librarian or of any organisation or person responsible for libraries
to any urgent action that may be considered necessary for the better management of libraries;
(e) meet and consult, at least once a year, with keepers of non-Governmental libraries and with organisations
working in the field of libraries;
(f) advise the Minister on any matter arising from the provisions of this Act and on any other matter referred to it by the
Minister.
PART III
ADMINISTRATIVE AND PERSONNEL PROVISIONS
17. (1) The appointment of officers and other employees of the Malta Libraries shall be made in accordance with the Public Administration
Act and shall be subject to the provisions of the Constitution and of any other law including this Act.
(2) The members of the Council, all officers and employees of the Malta Libraries shall be deemed to be public officers within
the mean ing o f the Cr iminal Co de , the Civi l Co de and the Public Administration Act and shall have the rights and duties applicable to public officers under such laws.
Appointment of officers, etc. Cap. 497.
Cap. 9. Cap. 16. Cap. 497.
(2) The Principal Permanent Secretary, following the direction of the Prime Minister, may at any time revoke any such direction
given under subarticle (1).
(3) The period during which a direction under subarticle (1) shall apply to any officer specified therein shall, unless the officer
retires from the public service, or otherwise ceases to hold office at an earlier date, be such as may be specified in the direction,
unless the direction is revoked earlier in accordance with subarticle (2).
(4) Where any officer is detailed for duty with the Malta Libraries in accordance with this article, such officer shall
during the time in which such direction has effect in relation to him, be under the administrative authority and control o f the
Malta Libraries but he shall for other intents and purposes remain and be considered and treated as a public officer.
(5) Without prejudice to the generality of the foregoing, a public officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he is so detailed -
(i) be precluded from applying for a transfer to a Government department in accordance with the terms and conditions of service
attached to the appointment under the Government held by that public officer at a date on which he is detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by that public officer
Detailing for duties of public officers.
Cap. 93. Cap. 58.
Cap. 93. Cap. 58.
at the date aforesaid or which would have become attached to such appointment, during the said period, had such officer not
been detailed for duty with the Malta Libraries; and
(b) shall be entitled to have the service with the Malta Libraries considered as service with the Government for the purpose
of any pension, gratuity or benefit under the Pensions Ordinance, and the Widows’ and Orphans’ Pensions Act, and of any other right or privilege to which that public officer would be entitled, and shall be liable to any
liability to which he would be liable, but for the fact that he is detailed for duty with the Malta Libraries:
Provided that in assessing the pensionable emoluments of such officer for the purposes of any pension entitlement under
the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Malta Libraries in excess of what
he is entitled to as a public officer:
Provided further that during the time in respect of which he is so detailed to perform duties with the Malta Libraries his terms and
conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the
pe riod aforesaid. Such te rm s an d con d it ion s shall no t b e deemed to be less favourable because they are not in all respects
identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister
such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.
(6) Where an application is made as provided in subarticle (5)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for duty with the Malta Libraries.
(7) The Malta Libraries shall pay to the Government, where app licabl e , such cont rib u tio ns as may fr om tim e to tim e be
determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer detailed
for d uty with the M al ta Libr aries as aforesaid during the period in which such officer is so detailed.
Employment conditions.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
they are not i n all res p ec ts ide n tical wi th or superior to those enjoyed by the officer concerned at the date of such offer,
if such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Malta Libraries, under the provisions of subarticle (1), shall for
all purposes other than those of the Pensions Ordi nance, and of the Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Malta Libraries on the date
of such acceptance and for the p u rposes of the said Ord i nance an d of th e said Act, so far as applicable to that officer, service
with the Malta Libraries shall be deemed to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who immediately before accepting permanent employm ent with the Malta Libraries was
entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if service w ith the Malta Lib r ari e s was servi
ce wit h th e Government.
(5) The Malta Libraries shall pay to the Government such con t rib u ti ons as may f r om t ime to ti me b e determined
by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted
permanent employment with it as aforesaid during the period commencing on the date of such officer ’s acceptance.
(6) (a) For the purposes of this article the posts and salary grades with the Malta Libraries shall be classified in the most nearly corresponding
grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities
and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairperson appointed by the Minister responsible for finance and two other
members, one appointed by the Ministry responsible centrally for personnel policies in the public service and one
appointed by the National Librarian. The classification shall be subject to the final approval of the Minister responsible
for finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in the Government
service or of employees of the Malta Libraries.
(d) No post shall be classified in a grade higher than that of grade 3 in the service of the Government or such other grade that
the Minister responsible for finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to the provisions of article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable than those to which that person would have been entitled prior to such classification.
Cap. 93. Cap. 58.
Cap. 58.
Cap. 93.
Revenues and financing.
Cap. 174.
PART IV
FINANCIAL PROVISIONS
(2) For such purpose the National Librarian shall levy such fee s , rat e s an d o t her pa ym e n t s presc r i b ed o r
d eem e d t o be prescribed by or under this Act or any other law.
(3) The Malta Libraries shall be paid by Government out of the Consolidated Fund such sums as the House may from time to time authorise
to be appropriated to meet the costs of specified works to be continued or otherwise carried out by the Malta Libraries, being works
of infrastructure or a similar capital nature, or to meet any of its expenditure which it cannot meet out of its own revenue.
(4) Any revenue shall, subject to such directives as the Mi ni ster, aft e r con s ult a ti on wi th the Minister responsible
for finance, may from t ime t o time giv e , be appli e d t o th e Malt a Libraries for its purposes, and without prejudice to the
generality of t h e p o w ers gi ven b y th e Min i s t er by t h i s su bar t i c le, an y direction given by the Minister as aforesaid
may order the transfer to the Government, or the application in such manner as may be specified in the direction, of any part of
the fees rates and other payments levied in accordance with subarticle (2).
(5) The Malta Libraries shall be governed by the provisions of the Financial Ad ministrat ion and Audit Act , un l e ss o t he rw i s e stated in the Malta Libraries performance agreement entered into by the Permanent Secretary and the Malta
Libraries in terms of ar ticle 13 (1)( b ), i n w h ich case the p r ovi sion s of the said performance agreement shall prevail.
Capital requirements.
(2) The Malta Libraries may also, with the approval in writing of the Minister in consultation with the Minister responsible for finance, from ti me to time borro w, by way o f overdraft or otherwise, s u ch sums as it may require for carryi ng out its functions under this Act.
Advances. 22. The Minister responsible for finance may, after consultation with the Minister, make advances to the Malta Libraries of such sums as the M i nister re sponsi ble for finance may agree to be required for carrying out any of its functions under this Act, and m a y make such advances on such terms and cond itions as t h e Mini ster respo n si ble for finance may, after consult a tio n as aforesaid, deem appropriate. Any such advance may be made by
the Minister responsible for finance out of the Consolidated Fund, and without further appropriation other than this Act, by warrant, authorising the Accountant General to make such advance.
Provided that the estimates of the Malta Libraries for its first financial year shall be prepared and adopted within such time as
the Mi nister m a y by not ice in writi ng speci fy to t h e Malt a Libraries.
(2) The estimates shall be made in such forms and shall contain such information and such comparisons with previous estimates as
the Minister responsible for finance may direct.
(3) A copy of the estimates shall, upon their adoption by the National Librarian, be sent forthwith to the Minister and to the
Minister responsible for finance.
Estimates of income and expenditure.
Libraries unless it has been approved by the House.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year by the House, whichever is the earlier date, the Malta Libraries may make or incur expenditure for carrying out its
functions under this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or subhead of the estimates may, with the approval of the Minister,
be incurred in respect of another head or sub- head of the estimates;
(c) in respect of the first financial year, the Malta Libraries may make or incur expenditure until the approval
of the estimates for that year by the House not exceeding in the aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved by the House is not sufficient, or if a need has arisen
for expenditure for a purpose not provided for in the estimates, the Malta Libraries may adopt supplementary estimates for
approval by the House and pending such approval, the Malta Libraries may in special circumstances and with the approval of the
Minister, acting in consultation with the Minister responsible for finance, incur the relative expenditure or part thereof as the
said Minister may so approve, and in any such case the provisions of this Act applicable to the estimates shall,
as near as
Expenditure.
practicable, apply to the supplementary estimates.
Books and statements of account.
(2) The accounts of the Malta Libraries shall be audited by an aud ito r o r au dito rs to be ap poi nted by i t an d app r ov
ed by the Minister:
Provided that the Minister responsible for finance may require the books and other records of the Malta Libraries to be audited
or examined by the Audi to r General who shall for th is purpose have power to carry out such physical checking and other verification,
and may requ ire such in formation, as the Auditor General may deem necessary.
(3) After the end of each financial year, at the same time as a copy of the estimates of the Malta Libraries is forwarded to the
Minister under article 23, the National Librarian shall cause a copy of the statement of accounts duly audited to be transmitted
to the Minister and to the Minister responsible for finance together with a copy of any report made by the audito r or auditors o
n that statement or on the accounts of the Malta Libraries.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House.
Money payments, petty cash, etc.
(2) All payments out of the funds of the Malta Libraries, except petty disbursements not exceeding such sum as may be fixed by
the National Librarian with the approval of the Minister, shall be made by such of ficer or officers of the Malta Libraries as
shall be appointed or designated for the purpose.
(3) Cheques against and withdrawals from any bank account of the Malta Libraries shall be signed by such officer of the Malta
Lib r aries as m a y be ap poi nted or d e si gnat e d b y t h e N a tio nal Libr ar ian for th at p u r pose an d sh all be co unt
ersig n ed by th e authorised me mber or officer of the Malta Libraries as may be authorised by the National Librarian for that
purpose.
(4) The National Librarian shall also make provision with respect to -
(a) the manner in which, and the officer or officers by whom, payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which its monies are to be paid, and the transfer of funds from one
account into another;
(c) the method to be adopted in making payments out of its fund; and
(d) generally with respect to any matter which is relevant to the proper keeping and control of the accounts, books and other
records and the control of its finances.
Provided that the Malta Libraries shall adhere to procurement regulations as issued by Government.
Awarding of contracts.
28. The National Librarian shall, after the end of each financial year, within such time as established by article 41 of the Public Administration Act, draw up and transmit to the Minister and to the Minister responsible for finance, a report dealing generally with the activ ities
o f the Malta Libraries duri ng that fi nanci al year, and containing such information relating to its proceedings and policy as
either of the said Ministers may from time to time require. The Minister shall, with such time as established by article 41 of the
Public Administration Act, cause a copy of every such report to be laid on the Table of the House.
PART V
TRANSFER OF CERTAIN ASSETS TO THE NATIONAL LIBRARY
(2) The use and administration of the immovable assets from time to time specified in an order made by the President of Malta and published in the Gazette (her einafter referred to as "the immovable assets") being immovable assets which, immediately before the coming into force o f thi s Part, were o w ned by the Government and used by it for the exercise of any of the functions which by this Act are being transferred to or vested in the Malta Libraries, shall, with effect from such day as may be specified in any such Order and by virtue of this Act and without any further assurance, be transferred to and vested in the Malta Libraries under the same title by which they were held by the Government before such day.
Financial year report.
Cap. 497.
Transfer of property.
(3) The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata, instruments, vehicles, craft, buildings, structures, installations,
land , roads, works, stocks and o t her property mov a b l e or im movable, assets, powers, right s and privileges and all th ings
n e cessary or ancillar y t h ereto whi c h are held or en joyed in connection therewith or a p pe rta i ning thereto, as well as
all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as aforesaid.
(4) Any transfer of property, whether moveable or immovable, shall be subject to all those terms and conditions that the Minister
may deem necessary to ensure that such property is exclusively used for the purposes of the functions of the Malta Libraries or purposes
ancillary thereto.
Vesting of rights in
Malta Libraries.
Offences and penalties.
PART VI
OFFENCES
(a) removes any record from the legal and physical possession and custody of the National Librarian or assists others
to do so, or wilfully or through negligence, unskillfulness or non-observance of the regulations causes damage
to or destroys, mutilates, alters any record; or
(b) contravenes or fails to comply with the provisions of this Act or of any schedules thereto or of any regulations
made thereunder;
shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) not exceeding two thousand and five hundred euro (€2,500) or to imprisonment for a term not exceeding six months, or to both such
fine and imprisonment, and in the case o f a c ont in ui ng o ffence t o a furth er fi ne ( multa ) not exce eding twenty -five euro (€25) for every day durin g which th e offence continues:
Provided that, subject to the above maximum, the minimum fine (multa) to which an offender shall become liable under this article shall not be less than the value of any work that might be
required to remedy the effects of the offence:
Provided further that where a provision of a Schedule to t h is Act o r of a regul ati on ma de und er t h is Act speci f icall y
provides for a lesser penalty in respect of a particular offence, such lesser penalty as provided shall apply.
(2) The liability of an offender under subarticle (1) shall be without prejudice to the liability of the offen d er t o p a y
t o the N a tional Librarian any cost incurred in the reint e grat ion, or restoration of the library property caused by the offence,
or to pay to the National Librarian the value of the property destroyed or damaged when the same cannot be reintegrated or restored.
Such payment may be recovered by civil suit by the National Librarian against the offender or his heirs.
(3) Any record which has been or which may be removed without proper authorisation under this Act may be reclaimed by
the National Librarian.
PART VII
MISCELLANEOUS
(2) The provision of copies of records by the National Librarian does not imply the transfer of any copyrights
therein to the recipients.
(3) The publication of facsimile copies of records in the cust ody o f th e N a ti on al Lib r arian i n wh ich co pyri
ght o f th e Government of Malta subsists is prohibited except with the consent of the National Librarian and subject to such conditions
as he may require and to the payment of such fees as may be prescribed under this Act.
Copyright.
(a) to provide for the contents, compilation and publication of the Malta National Bibliography;
(b) to establish the scope, definitions, procedures, conditions, duties and penalties for the effective implementation
of the obligation of the legal deposit, and to provide for the proper safeguarding, of published documents and online
electronic documents, whether they have or not a physical form;
(c) to provide for the procedures and conditions for the downloading, copying, storage and the legal deposit of electronic hand-held
and on line published documents, including those with access conditional to payment;
Power to make regulations.
Cap. 12.
exercise of the right of preference by the National Librarian in respect of any work, map, print, manuscript,
record or any other document;
(e) the involvement of local councils in the promotion and management of libraries;
(f) the proper management and preservation of records and the manner in which the public may have access to the documents, records
and objects in the libraries;
(g) the standards and the manner in which copies, photocopies, and other reproductions of manuscripts, documents or
other record in the libraries may be issued;
(h) to establish the fees and dues which may be payable by or under, or for services rendered pursuant to the provisions
of this Act;
(i) to establish the conditions and procedures for the admission, access, safety, and use by the public of any library to
which this Act applies and for the loan of any library material, and for the powers necessary by the National Librarian to enforce
such conditions and procedures;
(j) to ensure the better fulfilment of the functions of the Malta Libraries, the National Librarian, and the Council;
(k) to regulate the appointment of officers and employees with the Malta Libraries;
(l) to regulate movement of documents, publications and records, and to establish guidelines for best preservation
practice;
(m) to provide for any forms or procedures which may be necessary or expedient and for which no express procedure is contained
in this Act;
(n) to add, substitute or amend any Schedule annexed to this Act;
(o) to establish penalties not exceeding a fine (multa) of five hundred euro (€500) to which a person contravening the provisions of any Schedules to this Act or of
any regulations made under this Act shall become liable;
(p) to provide for the imposition of administrative fines or sanctions, and for their enforcement, upon any person acting in contravention
of the provisions of this Act or of any Schedule thereto or of any regulations made thereunder, including the provision that
any such administrative fine shall when it becomes final constitute an executive title for the effects
and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure:
Provided that any administrative fine provided for by regulations made under this article shall not exceed the sum of two hundred
and fifty euro (€250); and
(q) to prescribe anything else which may or is to be prescribed under this Act for the better carrying out of any of the
provisions of this Act.
(2) Where, immediately before the coming into force of Part V o f th is A c t, an y l e g a l pro c eedin gs are pendi ng to w
h ich the Government is or is entitled to be a party, and such proceedings are related to any of the properties or undertakings,
or any right or
liability transferred by or under this Act, the Malta Libraries shall, as from the date aforesaid, be substituted in such proceedings
for the Government, or shall be made a party thereto in like manner as the Government could have becom e substituted, and such
proceedings shall not abate by reason of such substitution.
(3) The Minister may, by order, make such incidental, consequential and sup p lemental p r o v isi ons as he may
deem necessary or ex pedi ent fo r the purpo se of det e rm in ing , as appropriate, the assets transferred to the Malta Libraries
by this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Malta
Libraries by this Act and make such orders as may be necessary to make any powers and duties exercisable by the Government in relation
to any of the transferred property or undertakings exercisable by or on behalf of the Malta Libraries.
Transfer of custody of documents, etc.
Transitory provisions.
36. (1) Any subsidiary legislation made under any of the provisions of the Public Libraries Ordinance * shall, unti l other provision is made under or by virtue of this Act, continue in force
and have effect as if made under this Act.
(2) Any authority or order granted or made under any of the provisions of the Public Libraries Ordinance in force immediately before
the coming into force of this Act, shall continue in force thereafter as if it were an authority or order granted or made under
a corresponding provision of this Act, and any such authority or order as aforesaid shall be treated and dealt with accordingly.
(3) All references in other Acts and regulations to the Public
Saving.
*Repealed by this Act.
applying to the Malta Libraries and its libraries, or to the National Librarian thereof and all re fere nces to the Public Librarie
s Ordinance, shall be construed as referring to this Act.
SCHEDULE [Article 4(3)]
Libraries in respect of which the Malta Libraries Act applies
The National Library
The Central Public Library
The Regional Libraries: Birkirkara
Luqa Mosta Paola Qormi Rabat
Vittoriosa
The Branch Libraries: Attard
Birżebbuġa Cospicua Dingli
Fgura
Għargħur Għaxaq Gudja
Gżira
Ħamrun Kalkara Kirkop
Lija
Marsa
Marsascala Marsaxlokk Mellieħa Mġarr
Mqabba
Msida
The Gozo Public Library
The Gozo Lending Library
Naxxar
Pembroke
Qormi (San Ġorġ) Qrendi
Safi
San Ġiljan
San Ġwann
San Pawl il-Baħar
Santa Venera
Senglea
Siġġiewi
Sliema
St. Andrews Ta’ Paris Tarxien
Valletta Żabbar Żebbuġ Żejtun Żurrieq
The Gozo Branch Libraries: Għajnsielem
Għarb Għasri Kerċem Nadur
Qala
San Lawrenz
Sannat Xagħra Xewkija Żebbuġ
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