MALTA LIBRARIES ACT

MALTA LIBRARIES

CHAPTER 511

MALTA LIBRARIES ACT

To repeal and re-enact with amendments the law relating to Public

Libraries.

1st August. 2011 *

ACT VII of 2011.

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

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

MALTA LIBRARIES

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

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;

"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"document" means a published or unpublished document, record,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

*See article 1 of the Act as originally enacted, and Legal Notice 312 of 2011.

MALTA LIBRARIES

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;

"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;

"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;

MALTA LIBRARIES

"Regional and, or Local Council" means a regional and, or local

council established under the Local Government Act,

"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.

(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

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.

(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

MALTA LIBRARIES

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

MALTA LIBRARIES

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.

MALTA LIBRARIES

(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

MALTA 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 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 sub-article (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;

MALTA 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 30 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 28 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 32 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

MALTA LIBRARIES

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

MALTA LIBRARIES

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 sub-article (1).

(3) The period during which a direction under sub-article (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 sub-article (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

MALTA LIBRARIES

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 sub-article

(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

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.

MALTA LIBRARIES

(3) Every officer who accepts permanent employment with the

Malta Libraries, under the provisions of sub-article (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.

MALTA LIBRARIES

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 sub-article, 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 sub-article (2).

(5) The Malta Libraries shall be governed by the provisions of

the Public Finance Management 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), 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 t o 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

MALTA LIBRARIES

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

(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 sub-article (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

MALTA LIBRARIES

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

MALTA LIBRARIES

(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 seven thousand euro (€7,000) 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 31 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 31 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 sub-article 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.

MALTA LIBRARIES

(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 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

of a continuing offence to a further fine (multa) not exceeding

twenty-five euro (€25) 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

MALTA LIBRARIES

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 sub-article (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;

MALTA LIBRARIES

(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 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

MALTA LIBRARIES

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.

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) Any subsidiary legislation made under any of the

provisions of the Public Libraries 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.

(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

*Repealed by this Act.

MALTA LIBRARIES

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.