ACT No. VII of 2011 AN ACT to repeal and re-enact with amendments the law relating to Public Libraries BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives in this Parliament

(L.S.) G eorge A bela

20th May, 2011

ACT No. VII of 2011

AN ACT to repeal and re-enact with amendments the law relating

to Public Libraries

BE IT ENACTED by the President, by and with the advice

and consent of the House of Representatives in this Parliament

assembled, and by authority of the same, as follows:-

The short title of this Act is the Malta Libraries Act,

2011, and it shall come into force on such date as the Minister

responsible for education may by notice in the Gazette establish,

and different dates may be so established for different purposes and

different provisions thereof.

PART I

PRELIMINARY

[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

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 Public Library

The Gozo Lending Library

The Gozo Branch Libraries

Għajnsielem

Għarb

Għasri

Kerċem

Nadur

Qala

San Lawrenz

Sannat

Xagħra

Xewkija

Żebbuġ

Passed by the House of Representatives at Sitting No. 346 of 16th May, 2011.

M ichael F rendo

Speaker

P auline A bela

Clerk to the House of Representatives

€2.88

In this Act, unless the context otherwise requires:-

“author” means a person or a body corporate responsible

for the intellectual, and or artistic content of a work and

includes the 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 of this Act;

“depositor” means the person or body corporate

responsible under this Act to deposit documents with the

depository library;

“depository libraries” means the National Library, the

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 displayed or accessed

either 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 published

documents, publications, records on works, with depository

libraries, as provided for in this Act, to ensure the building

and long-term preservation of a national collection for the

current and future reference, study and research requirements

of present and future 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 Regional and Branch public libraries;

“Malta Libraries” means the entity called Malta Libraries

established under article 4 of this Act;

“Malta National Bibliography” means the list,

irrespective of form or medium together with a detailed

bibliographical description, of each new publication received

in a given year by way of legal deposit and to be compiled

under article 7;

“medium” is any means of storing information or

communication;

“the Minister” means the Minister responsible for the

Malta Libraries and its libraries;

“National Librarian” means the head of the Malta

Libraries appointed under article 5 of this Act;

“National Library” means the National Library of Malta;

“the Permanent Secretary” means the person appointed

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 of form or medium, including printed,

audio-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, irrespective of whether such

person is the author, printer, producer or other person or body

making finished copies of such publication;

“record” includes any book, manuscript, parchment

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,

Cap. 363;

“work” includes every literary, scientific or artistic book,

part or division thereof, pamphlet, monograph, newspaper,

periodical, sheet of music, map, plan, chart or table separately

published, 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.

The provisions of this Act shall be without prejudice

to the functions of the Principal Permanent Secretary under the

Public Administration Act and to his powers to issue directives and

guidelines with respect to government agencies.

PART II

CONSTITUTION, COMPOSITION AND FUNCTIONS

OF THE MALTA LIBRARIES AND THE NATIONAL

LIBRARIAN

(1) There shall be a body, to be known as the Malta

Libraries under the responsibility of the National Librarian, the

functions of which are assigned by this Act or by any other law.

The mission of the Malta Libraries is to ensure the collection and

conservation of Malta’s documentary heritage for present and

future generations, to maintain and develop the libraries regulated

under this Act, and to encourage reading for study, research,

self-development and lifelong-learning information and leisure

purposes.

(2) The Malta Libraries shall be a body corporate

having a distinct legal personality and shall be capable, subject to

the provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any property for the purpose 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 to this Act.

(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, liabilities and obligations previously entered into by the

said Department or by other bodies on their behalf.

The functions and responsibilities of the Malta Libraries

shall be

(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 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.

(1) There shall be a National Librarian and two Deputy

Librarians, one for the National Library and one for the Public

Libraries, who shall be persons with a relevant higher education

qualification and recognised competence and reputation in the

domain of libraries, and who shall be appointed by the Minister,

following consultation with the Council, for a period of three years

under such terms and conditions as is established in the letter of

appointment. On the expiry of the term such persons may be

reappointed for a further term or terms of three years

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.

(1) The National Librarian shall be the chief executive

officer of the Malta Libraries, and he shall be the keeper of books,

documents, manuscripts, publications, records, works and other

materials, regardless of form or medium, conserved in the libraries.

The National Librarian shall

(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 to this Act;

(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.

(1) No document, publication, record, work or object,

preserved in the National Library or in the Gozo Public Library,

may, without the written permission of the National Librarian, be

taken out from the premises of the said libraries. Every permission

granted by the National Librarian shall be recorded and preserved

in the said libraries and shall be available for inspection.

(2) Loans of records or objects belonging to the Malta

Libraries outside Malta may not be made without the written

permission of the Minister given following consultation with the

National Librarian and the Council.

(1) Without prejudice to any other provision of this Act

or of any regulation issued hereunder, documents, publications,

records and works in the libraries under the control of the National

Librarian, shall be accessible to the public.

(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 purposes of any law, be deemed an authentic copy,

and for the purpose of evidence in any court or tribunal be deemed

equivalent to the original.

(1) The publisher of every publication printed or

published in Malta shall immediately before such document is

made available to the public, deliver free of charge one copy

of such publication to the depository libraries. In the case of the

library of the University of Malta, the copy due to it shall be

deposited within two weeks of the established request having

reached the publisher.

(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 belonging thereto, finished and coloured in the

same manner as the best copies of the work are published.

(3) When the copies of a publication are forwarded by

post, postage shall be either free or at the expense of the National

Librarian.

(4) During the first fifteen days of January, April, July

and 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 published by that printer or publisher 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 of the provisions of this article shall be liable to a fine as

the Minister may from time to time determine in accordance with

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).

The National Librarian shall have the right to authorise

the downloading, copying and storing, of any electronic document

published via networks or otherwise available online, falling within

the jurisdiction of Malta, and to deposit it with the depository

libraries, for the purpose of public access within the premises of

the libraries, and for the preservation of the national published

output which is deemed necessary for long-term national memory

and future use.

(1) In case of the sale of any document, publication,

record or work, which in the opinion of the Minister, following

consultation with the Council and the National Librarian, has

bibliographical or historical importance, the Government shall have

the right of acquiring the same in preference to all other persons on

equal conditions.

(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 gives notice to the Minister, by means of a judicial

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 having the effect of frustrating the exercise of the right 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.

(1) In the exercise of his functions under this Act, the

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 regulations administered by the Malta Libraries, 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 Libraries directions in writing of a general character

not inconsistent with the provisions of this or any other 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 Malta 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.

The Minister may establish an Advisory Board to assist

the National Librarian in the manner provided under article 42 of

the Public Administration Act.

(1) There shall be the Malta Libraries Council,

appointed by the Minister, which shall be composed as follows:-

(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

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 contract or other action made or proposed to be made 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 matter

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.

Without prejudice to the provisions of this Act, the

Council shall

(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

(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 meaning of the Criminal Code, the Civil Code

and the Public Administration Act and shall have the rights and

duties applicable to public officers under such laws.

(1) The Principal Permanent Secretary, following the

direction of the Prime Minister may, from time to time, direct that

any public officer shall be detailed for duty with the Malta Libraries

and its libraries in such capacity and under such conditions and

with effect from such date as he may prescribe.

(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 of 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 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 period aforesaid. Such terms and

conditions shall not be 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 (4)(a)(i) hereof, 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 applicable, such contributions as may from time to time be

determined by the Minister responsible for finance in respect of

the cost of pensions and gratuities earned by an officer detailed

for duty with the Malta Libraries as aforesaid during the period in

which such officer is so detailed.

(1) The Malta Libraries may, with the approval of the

Prime Minister, offer to any officer detailed for duty with it under

any of the provisions of article 18 permanent employment at a

remuneration and on terms and conditions not less favourable than

those enjoyed by such officer at the date of such offer.

(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 in all respects identical with 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 Ordinance,

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 purposes of the said Ordinance and of the 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 employment 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 with the Malta Libraries was service with the

Government.

(5) The Malta Libraries shall pay to the Government

such contributions as may from time to time be 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.

PART IV

FINANCIAL PROVISIONS

(1) Without prejudice to the following provisions

of this article, the Malta Libraries shall so conduct its affairs that

every effort shall be made to meet as much as possible of the

expenditure required for the proper performance of its functions

out of its revenues.

(2) For such purpose the National Librarian shall levy

such fees, rates and other payments prescribed or deemed to 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 Minister, after consultation with the Minister responsible

for finance, may from time to time give, be applied to the Malta

Libraries for its purposes, and without prejudice to the generality of

the powers given by the Minister by this subarticle, any 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) of this article.

(5) The Malta Libraries shall be governed by the

provisions of the Financial Administration and Audit Act, unless

otherwise stated in the Malta Libraries performance agreement

entered into by the Permanent Secretary and the Malta Libraries in

terms of article 13(1)(b) of this Act, in which case the provisions of

the said performance agreement shall prevail.

(1) For the purposes of any requirements of a capital

nature, the Malta Libraries may, with the approval in writing of the

Minister in consultation with the Minister responsible for finance,

borrow or raise money in such manner, from such person, body

or authority, and under such terms and conditions as the Minister,

after consultation as aforesaid, may in writing approve.

(2) The Malta Libraries may also, with the approval

in writing of the Minister in consultation with the Minister

responsible for finance, from time to time borrow, by way of

overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act.

The Minister responsible for finance may, after

consultation with the Minister, make advances to the Malta

Libraries of such sums as the Minister responsible for finance may

agree to be required for carrying out any of its functions under this

Act, and may make such advances on such terms and conditions

as the Minister responsible for finance may, after consultation 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.

(1) The National Librarian shall prepare in every

financial year, and shall not later than eight weeks before the end of

each financial year adopt, estimates of the income and expenditure

for the following financial year

Provided that the estimates of the Malta Libraries for

its first financial year shall be prepared and adopted within such

time as the Minister may by notice in writing specify to the Malta

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.

(1) No expenditure shall be made or incurred by the

Malta 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 sub-

head 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 practicable,

apply to the supplementary estimates.

(1) The National Librarian shall cause to be kept

proper books of account and other records in respect of the

operations of the Malta Libraries and shall cause to be prepared a

statement of accounts in respect of each financial year.

(2) The accounts of the Malta Libraries shall be audited

by an auditor or auditors to be appointed by it and approved 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 Auditor General who shall for this

purpose have power to carry out such physical checking and other

verification, and may require such information, 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 auditor or auditors on 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.

(1) All monies accruing to the Malta Libraries shall be

paid into a bank or banks appointed as bankers by it. Such moneys

shall, as far as practicable, be paid into the banks from day to day,

except for such sum as the Malta Libraries may require to retain to

meet petty disbursements and immediate payments.

(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 officer 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 Libraries as may be appointed or designated by the

National Librarian for that purpose and shall be countersigned by

the authorised member 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.

The Malta Libraries shall not, except with the approval

of the Minister granted after consultation with the Minister

responsible for finance, award or enter into any contract for

the supply of goods or materials or for the execution of work or

for the rendering of services, to or for the benefit of the Malta

Libraries, which is estimated by the National Librarian to involve

an expenditure exceeding 7,000 Euro or such other amount as the

Minister responsible for Finance may authorise, except after notice

of its intention to enter into such contract has been published and

competitive tenders have been issued

Provided that the Malta Libraries shall adhere to

procurement regulations as issued by Government.

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 activities of the Malta Libraries during that financial

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

(1) The property and undertakings owned by the

Government and used by it immediately before the date of the

coming into force of this Part, where used by it for the operation

of any of the functions which by this Act are being transferred to or

vested in the Malta Libraries shall, on the date aforesaid, by virtue

of this Act and without further assurance, be transferred to and be

vested in the Malta Libraries under the same title by which they

were held by the Government immediately before the said date.

The provisions of this subarticle shall not apply to immovable

property.

(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 (hereinafter referred to as “the

immovable assets”) being immovable assets which, immediately

before the coming into force of this Part, were owned 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.

(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 other property

movable or immovable, assets, powers, rights and privileges and

all things necessary or ancillary thereto which are held or enjoyed

in connection therewith or appertaining 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.

Subject to the provisions of this Act, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and

other arrangements, subsisting immediately before the date of the

coming into force of this Part of this Act affecting or relating to any

of the properties or undertakings transferred to the Malta Libraries

by or under this Act shall have full force and effect against or in

favour of the Malta Libraries, and shall be enforceable freely

and effectually, as if instead of the Government or governmental

authority the Malta Libraries had been named therein or had been

a party thereto, and otherwise in substitution of the Government or

governmental authority.

PART VI

OFFENCES

(1) Any person who

(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 2,500 Euro or to

imprisonment for a term not exceeding six months, or to both such

fine and imprisonment, and in the case of a continuing offence to

a further fine (multa) not exceeding 25 Euro for every day during

which the 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

this Act or of a regulation made under this Act specifically 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 offender to pay to

the National Librarian any cost incurred in the reintegration, 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

(1) In making available for inspection or providing

copies of records in his custody the National Librarian shall not be

in breach of the copyright of such records.

(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 custody of the National Librarian in which copyright of the

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.

The Minister may make regulations to give effect

to any of the foregoing provisions of this Act, or to regulate or

otherwise provide for any matter relating to the Malta Libraries

and its libraries, and may in particular, but without prejudice to the

generalities of the foregoing and the provisions of this Act, make

regulations for any of the following purposes

(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;

(d) to provide for the procedures and conditions for the

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 persuant 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;

(1) 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 500 Euro 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 350 Euro 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.

Documents, publications, records, works and other

materials in the custody of the Librarian on the day before the

coming into operation of this Act are hereby transferred to the

custody of the National Librarian subject to any terms and

conditions that were applicable to those records and other materials

on that day.

(1) When anything has been commenced by or under

the authority of the Government prior to the date of the coming

into force of Part V of this Act, and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Malta Libraries by or under this Act, such thing may be carried on

and completed by or as authorised by the Malta Libraries.

(2) Where, immediately before the coming into force

of Part V of this Act, any legal proceedings are pending to which

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 become substituted, and such

proceedings shall not abate by reason of such substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, 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.

(1) The Public Libraries Ordinance, hereinafter

referred to as “the repealed Ordinance”, is hereby repealed.

(2) Notwithstanding the provisions of subarticle (1),

any subsidiary legislation made under any of the provisions of the

repealed Ordinance shall, until other provision is made under or

by virtue of this Act, continue in force and have effect as if made

under this Act.

(3) Any authority or order granted or made under any

of the provisions of the repealed 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.

(4) All references in other Acts and regulations to the

Public Libraries of Malta, or to the Librarian, shall be construed

as applying to the Malta Libraries and its libraries, or to the

National Librarian thereof and all references to the Public Libraries

Ordinance, shall be construed as referring to this Act.