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Maltese Laws |
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:-
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.
“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;
Short title and commencement.
Interpretation.
A 502 VERŻJONI ELETTRONIKA
“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“document” means a published or unpublished document, record, publication, or work containing information or otherwise meant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;
Cap. 497.
Cap. 497.
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“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.
General. Cap. 497.
Constitution of Malta
Libraries.
(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.
(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
A 505
Functions of Malta
Libraries.
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(i) to perform such other functions as may from time to time be assigned to it by the Minister.
National Librarian and
Deputy Librarians.
National Librarian to the Chief Executive Officer.
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.
(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;
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(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.
(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.
(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
A 509
Loan of documents etc. from the National Library and other depository libraries.
Public access to documents etc.
A 510 VERŻJONI ELETTRONIKA
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.
Copies of work to be supplied to libraries.
(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).
(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.
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;
A 511
National Librarian may authorize downloading etc. of electronic documents.
Right of preference exercisable by Government.
Relationship between National Librarian and Minister.
Cap. 497.
A 512 VERŻJONI ELETTRONIKA
(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.
Advisory Board.
Composition of the
Council.
(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.
Cap. 492.
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Functions of the
Council.
Appointment of
officers, etc.
Cap. 497.
Cap. 9. Cap. 16.
Cap. 497.
Detailing for duties of
public officers.
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.
(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.
(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:
Cap. 93. Cap. 58.
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A 516 VERŻJONI ELETTRONIKA
Provided that in assessing the pensionable emoluments
of such officer for the purposes of any pension entitlement
Cap. 93. Cap. 58.
Employment
Conditions.
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.
(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.
Cap. 93. Cap. 58.
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(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.
Revenues and
Financing.
Cap. 174.
(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.
(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.
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.
Malta Libraries unless it has been approved by the House.
(2) Notwithstanding the provisions of subarticle (1) -
A 519
Capital requirements.
Advances.
Estimates of income and expenditure.
Expenditure.
A 520 VERŻJONI ELETTRONIKA
(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.
Books and statements of account.
(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.
(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.
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Money payments, petty cash, etc.
A 522 VERŻJONI ELETTRONIKA
Awarding of contracts.
Financial year report. Cap. 497.
Cap. 497.
Transfer of property.
Provided that the Malta Libraries shall adhere to procurement regulations as issued by Government.
41 of the Public Administration Act, cause a copy of every such report to be laid on the Table of the House.
(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.
(a) removes any record from the legal and physical possession and custody of the National Librarian or
A 523
Vesting of rights in
Malta Libraries.
Offences and penalties.
A 524 VERŻJONI ELETTRONIKA
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.
Copyright.
(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.
(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,
A 525
Power to make regulations.
A 526 VERŻJONI ELETTRONIKA
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.
(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.
(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
A 527
Transfer of custody of documents, etc.
Transitory Provisions.
Repeal of Public
Libraries Ordinance.
A 528 VERŻJONI ELETTRONIKA
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.
Cap. 92.
(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.
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
A 529
A 530 VERŻJONI ELETTRONIKA
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.
MichAel Frendo
Speaker
PAuline AbelA
Clerk to the House of Representatives
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URL: http://www.worldlii.org/mt/legis/laws/tmlanvo2011281