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( Public Libraries and Museums Act 1964 CHAPTER 75 ARRANGEMENT OF SECTIONS The public Iibrm:JI service Section I. Secretary of State to superintend library service. 2. National Advisory Councils. 3. Regional councils for inter-library co-operation. 4. Library authorities and areas. 5. Joint boards. 6. Special provisions as to non-county boroughs and urban districts. 7. General duty of library authorities. 8. Restriction on charges for library facilities. 9. Contributions and grants. ID. Default powers of Secretary of State. 11. Supplemental provisions as to transfers of officers, assets and liabilities. Museullls alld art galleries 12. Provision and maintenance of museums and galleries. 13. Charges for admission to museums and galleries. 14. Contributions to expenses of museums and galleries. 15. Power to establish fund for purchase of exhibits. Gelleral 16. Inquiries. 17. Annual report. 18. Compulsory acquisition of land. 19. Byelaws. 20. Use of premises for educational or culLural events. 21. Expenses of county councils. A " DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non- commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

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(

Public Libraries andMuseums Act 1964

CHAPTER 75

ARRANGEMENT OF SECTIONS

The public Iibrm:JI serviceSection

I. Secretary of State to superintend library service.2. National Advisory Councils.3. Regional councils for inter-library co-operation.4. Library authorities and areas.5. Joint boards.6. Special provisions as to non-county boroughs and urban

districts.7. General duty of library authorities.8. Restriction on charges for library facilities.9. Contributions and grants.

ID. Default powers of Secretary of State.11. Supplemental provisions as to transfers of officers, assets

and liabilities.

Museullls alld art galleries

12. Provision and maintenance of museums and galleries.13. Charges for admission to museums and galleries.14. Contributions to expenses of museums and galleries.15. Power to establish fund for purchase of exhibits.

Gelleral

16. Inquiries.17. Annual report.18. Compulsory acquisition of land.19. Byelaws.20. Use of premises for educational or culLural events.21. Expenses of county councils.

A"

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

II CH. 75 Fublic Libraries alld Museullls Act 1964Pllblic Lit

Section22. Expenses of Secretary of State, elc.23. Locol Acts.24. Isles of Scilly.25. IJ1 terpretation.26. Short title, repeals ctc., commencement and extent.

SCHEDULES:

Schedule I-Superannuation and other benefits in casesof transfer etc.

Schedule 2-Management of funds for purchase orexhibits.

Schedule 3-Repeals.

l'

An Act to place the J

authorities in Entendence of theprovision for re!and as to the prcand art galleries 1connected with th

BElT EN ACTED by tj. with the advic"i

Temporal, andassem bled, and by the,

Th1.-(1} From the e':

duty of the Secretaryimprovement of, theauthorities in Englandischarge by local atlibraries conferred onthis Act.

(2) Every library auprovide such lacilitie:stocks and records, acarrying out his duty I

2.-(1) There shallfor England (excludin!and Monmouthshire,to advise the SecretaJwith the provision or

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

1964

md extenl.

r benefits in cases

for purchase of

Public Libraries alld Museums Act 1964

ELIZABETH II

1964 CHAPTER 75

CH.7S

An Act to place the public library service provided by localauthorities in England and Wales under the superin­tendence of the Secretary of State, to make newprovision for regnlating and improving that serviceand as to the provision and maintenance of museumsand art galleries by such authorities, and for purposesconnected with the matters aforesaid. [31st July 1964]

BElT ENAC[ED by the Queen's most Excellent Majesty, by andwith the advice and consent of the Lords Spiritual andTemporal, and Commons, in this present Parliament

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

The public library serviceI.-(]) From the commencement of this Act it shall be the Secretary

duty of the Secretary of State to superintend, and promote the of State toimprovement of, the public library service provided by local f·,:;,ermtendauthorities in England and Wales, and to secure the proper s'er~~~.discharge by local authorities of the functions in relation tolibraries conferred on them as library authorities by or underlhis Act.

(2) Every library authority shall furnish such information, andprovide such facilities for the inspection of library premises,stocks and records, as tbe Secretary of State may require forcarrying out his duty under this section.

2.-(1) There shall be two Library Advisory Councils, one Nationalfor England (excluding Monmouthshire) and the other for Wales Advisoryand Monillouthshire, and it shall be the duty of each Council CouncIl,.to advise the Secretary of State upon such matters connectedwith the provision or use of library facilities whether under lhis

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

2 CH. 75 Public Libraries alld Museums Act 1964

Regionalcouncils forinter-libraryco-operation.

Act or otherwise as they think fit, and upon any questionsreferred to them by him.

(2) The members of each Council shall be appointed by theSecretary of State. and he shall appoint a member of eachCouncil to be chairman thereof and shall appoint an officer ofthe Department of Education and Science to be secret~ry thereto.

(3) Each Council shall include persons who have hadexperience of the administration of the service provided bylibrary authorities and also persons who have had experienceof the administration of libraries managed by bodies otherthan those authorities.

(4) The persons appointed to be members of either Councilshall hold and vacate office in accordance with the terms oftheir respective appointments, and on ceasing to be membersshall be eligible for re-appointment:

Provided that a member may at any time by notice in writingto the Secretary of State resign his office.

(5) Each Council shall determine its own procedure, but thequorum at meetings of a Council shall be such as may bedetermined by the Secretary of State.

3.-(1) As soon as may be after the commencement of thisAct, the Secretory of State shall by order designate ~s libraryregions areas together extending to the whole of England ~nd

Wales.(2) The Secretary of State, after consultation with the library

authorities within the re";on. shall make a scheme for eachlibrary region providing-~ .

(a) for the constitution, incorporation and functioning of alibrary council for the region consisting of personsrepresenting each of those authorities and such otherpersons as may be provided for by the scheme, andhaving a duty to make and supervise the working ofarrangements for facilitating the co-operation of thoseauthorities with one another and with other bodieswithin or outside the region having functions in relationto libraries; and

(b) for the observance by each of those authorities of anyrequirements made by the library council, includingrequirements as to the payment by the authority ofcontributions towards the expenses of the council,

and containing such other provisions directed to the promotionof inter-library co-operation within and outside the region asmay appear to the Secretary of State to be expedient.

(3) At least a majority of the library council for a regionshall consist of members of library authorities within the region,and an authority none of whose members is included in the

library ,of the PIwith the

(4) Aschemebe subjrHouse (sectionthereun

ProvSecreta:as well

(5) 1the elfdeveloJsectionanothein reIa"

4.­followto say

"I(r

and aatelymenc

(2)exercareaor-

andarea

I

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

'I /964 Public Libraries alld NfuseulIls Acl /964 3

pon any questions

e appointed by the1 member of each)point an officer of)e secretary thereto.

s who have hadlrvice provided bylYe had experiencei by bodies other

s of either Councilwith the terms of

ng to be members

by notice in writing

library council shall be represented on the council by suchof the persons so included as may be determined in accordancewith the scheme establishing the council.

(4) A power conferred by this section to make an order orscheme shall be exercisable by statutory instrument, which shallbe subject to annulment in pursuance of a resolution of eitherHouse of Parliament; and an order or scheme made under thissection may be varied or revoked by a further order or schemethereunder:

Provided that before varying or revoking a scheme theSecretary of State shall consult the library council in questionas well as the relevant library authorities.

(5) The Secretary of State may, with a view to improvingthe efficiency of the public library service or promoting itsdevelopment, require any library council established under thissection to enter into and carry into effect arrangements withanother such council or with any other body having functionsin relation to libraries.

of the Librarythat is authorities

and areas.

4.-(1) Subject to the provisions of this Act, eachfollowing local authorities shall be a library authority.to say-

(a) the council of a county or county borough;(b) the council of a London borough, and the Common

Council of the City of London;(c) the council of a non·county borough or urban district

where either-(i) the council was a library authority immediately

before the commencement of this Act, or(ii) the council has been approved by the Secre-

tary of State under section 6(3) below,and any other local authority being a library authority immedi­ately before the commencement of this Act shall at that com­mencement cease to be a library authority.

(2) The functions of a library authority as such shall beexercisable within an area (in this Act referred to as a .. libraryarea") consisting of the administrative area of the authority.or-

(a) in the case of a county council, consisting of so muchof its administrative area as excludes the library areaof any other library authority, or

(b) in the case of a joint board established under section 5below, consisting of the areas which. if the authoritiesconstituting the board were library authorities. wouldform their library areas,

and may also be exercised elsewhere than within its libraryarea if the authority thinks fit.

A2

procedure. but the~ such as may be

Imencement of thisJesignate as library,le of England and

.on with the library1 scheme for each

nd functioning of ansisting of persons:ies and such other'y the scheme. andlise the working of.-operation of thosewith other bodies

'unctions in rela tion

, authorities of anycouncil. including

'y the authority ofes of the council.d to the promotiontside the region as:xpedient.

mncil for a reeions within the reilon.is included in the

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

4 CH. 75 Public Libraries and All/sel/llls Act 1964 Pnblic Lib.

Joiot boards. 5.-(1) The Secretary of Slate may with the agreement oftwo or more library authorities by order provide for the forma­tion of a joint board consisting of those authorities, which.from the date on which it begins to exercise its functions, shallbe a library authority in lieu of those authorities; and withoutprejudice to the operation of section 293(1) of the Local Govern­ment Act 1933 (which authorises the application of that Actto joint boards) the order may provide for the incorporationof the joint board, for its procedure (including quorum), andfor the. manner in which its expenses are to be defrayed.

The said section 293(1) shall apply to the formation underthis section of a joint board comprising the Common Councilof the City of London as if the Common Council were a localauthority within the meaning of the said Act of 1933.

(2) On the date on which a joint board established under thissection hegins to exercise its functions-

(a) the library officers of the authorities constituting theboard shall by the operation of this provision be trans­ferred to and become officers of the joint board; and

(bl the library assets and liabilities of those authoritiesshall, save as may be otherwise provided by the ordersetting up the board, be transferred by the operationof this provision to the board.

(3) The Secretary of State may on the application of anauthority comprised in a joint board established under thissection by order provide for the dissolution of the board, andon its dissolution the authorities constituting the board shallagain become library authorities:

Provided that if any of those authorities is the council ofa non-county horough or urban district the order may, at therequest of the council or where the population of the boroughor urban district is less than 40,000, provide that the councilshall not so become a library authority.

(4) On the dissolution of a joint board established under thissection-

(a) each library officer of the board shall by the operationof this provision-

(j) where at the formation of the board he was alibrary officer of one of the authorities which on thedissolution of the board again become libraryauthorities, be transferred to and again become anofficer of that authority; -

(iil in any other case be transferred to and becomean officer of such authority (being one of the authori­ties which on the dissolution of the board again

become lib!those authemined by tI

(bl the library aS1divided amonorder dissolvi

6.-( I) Where-(a) the council of

was a librarythis section Tt

date of the cyears after th,

(b) the populationreview date is

the Secretary of Stateborough or urban distrthe county council isunder section 5 above,of any likely changes itor urban district and 0

that to do so wouldfacilities made availabl'ldistrict, may at any tirOprovide that on a date1

borough or urban distl

(2) The power to m,shall be exercisable bsubject to annulmentHouse of Parliament.

(3) Where the coun,district was not a librmdate but tbe populationnot less than 40,000, tllion made by the couapprove the council asso the council shall beetied by him in giving n,

(4) Before determiniabove the Secretary ofwhere the county counciunder section 5 above,

(5) Where the counldistrict is a library atrelinquish its functions

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

'Act 1964

I .

Public Libraries and MuseulIls Act 1964 CH. 75 5

lith the agreement ofprovide for the forma­se authorities, which,;ise its functions, shallthorities ; and without) of the Local Govern­,plication of that Actfor the incorporationeluding quorum), andto be defrayed,

) the formation underthe Common Council

I Council were a local.ct of 1933.

established under this

Irities constituting thethis provision be tra ns­f the joint board; and5 of those authoritiesprovided by the order:rred by the operation

the application of anestablished under thision of the board, and:uting the board shall

ities is the council ofthe order may, at thellation of the boroughovide that the council

established under this

shall by the operation

of the board be was autborities wbicb on tbeIgain become libraryand again become an

nsferred to and becomeeing one of tbe autbori­n of the board again

become library authorities) as may be agreed betweenthose authorities or, in default of agreement, deter­mined by the Secretary of State;

(b) the library assets and liabilities of the board shall bedivided among the said authorities as provided by tbeorder dissolving the board.

6.-( l) Where-- Special(a) the council of a non-county borough or urban district prOVISIon,

was a library autbority immediately before a date (in ~~l:~t~on­this section referred to as a " review date "), being the borou.hsdate of the commencement of this Act or falling ten and urbanyears after that or any subsequent review date, and districts.

(b) the population of the borough or urban district at thcreview date is less than 40,000,

tbe Secretary of State, if, after consulting the council of theborougb or urban district and also the county council or, wberethe county council is comprised in a joint board establishedunder section 5 above, the joint board, and after taking accountof any likely changes in the area and population of the borougbor urban district and of other relevant matters, he is of opinionthat to do so would lead to an improvement in the libraryfacilities made available under this Act in the borough or urbandistrict, may at any time before the next review date by orderprovide that on a date specified in the order the council of theborough or urban district shall cease to be a library authority.

(2) The power to make an order under subsection (I) aboveshall be exercisable by statutory instrument, which sbaIl besubject to annulment in pursuance of a resolution of eitherHouse of Parliament.

(3) Where the council of a non-county borough or urbandistrict was not a library authority immediately before a reviewdate but the population of its administrative area at that date is .not less than 40,000, the Secretary of State may on an applica­tion made by the council within six months after tbat dateapprove the council as a library authority, and wbere he doesso the council sbaIl become a library authority on a date speci­fied by him in giving notice of his approval to tbe council.

(4) Before determining an application under subsection (3)above tbe Secretary of State shall consult the county council or,where the county council is comprised in a joint board establishedunder section 5 above, the joint board.

(5) Wbere the council of a non-county borougb or urbandistrict is a library authority it may at any time resolve torelinquish its functions as such, and if the Secretary of State by

A3

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

6 CH. 75 Public Libraries alld Museullls Act 1964 Public Libr

Generalduty oflibraryauthorities.

order confirms the resolution the council shall cease to he alibrary authority on such date as is specified in that behalf inthe order.

(6) Where, under any provision of this Act other than section 5above, the council of a non-county borough or urban districtat any time ceases to be a library autbority-

(a) the library officers of the council shall by the operationof this provision be transferred to and become officersof the autbority assuming the library functions of thecouncil, that is to say, where after that time the libraryarea of the council will be comprised in the libraryarea of a joint board, that joint board, and in any othercase the coun ty council; and

(b) the library assets and liabilities of the council shall, saveas may be otherwise directed by the Secretary of State,be transferred by the operation of this provision to thesaid authority.

(7) Where the council of a non-county borough or urbandistrict is approved by the Secretary of State under subsection(3) above he may by order make such provision as he thinkstit with respect to the transfer to the council of any libraryassets and liabilities of the county council or, where the countycouncil is comprised in a joint board established under section 5above, of the joint board, being assets and liabilities whichrelate, or are referable, to the library area of the approvedcouncil.

7.-(1) It shall be the duty of every library authority toprovide a comprehensive and efficient library service for allpersons desiring to makc use thereof, and for that purpose toemploy such officers, to provide and maintain such buildingsand equipment, and such books and other materials, and to dosuch other things, as may be requisite:

Provided that although a library authority shall have powerto make facilities for the borrowing of books and other materialsavailable to any persons it shall not by virtue of this subsectionbe under a duty to make such facilities available to personsother than those whose residence or place of work is within thelibrary area of the authority or who are undergoing full-timeeducation within that area.

(2) In fulfilling its duty under the preceding subsection, alibrary authority shall in particular have regard to thedesirability-

(a) of securing, by the keeping of adequate stocks, byarrangements with other library authorities, and byany other appropriate means, that facilities are avail-

able for the tother printed 1

films and oth,and quality tcspecial requif(

(b) of encouraginguse of the libto its use andand other infeusing it; and

(c) of securing. infunctions bothother authoritthe library arethe persons e

8.-(1) Except as prbe made by a library auauthority) for library fa

(2) A library authoritamount as may be spof Slate-

(a) for notifying qreserved by Ili

1or

(b) in respect of f:before the end

(3) A library authorilof any article, except tauthority is under aavailable to a person tl:for borrowing-

(a) a book, journal,(b) a reproduction

of tbe whole c

(4) A library authoritcatalogues or indexes, cbeco~e the property of

(5) Where facilities lli

authority go beyond. Itrity as part of the hblcharge for the provision

9.-(1) A library autthe expenses of anoth~r

Providing library facIlltl~ 1

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

's Act 1964 Public Libraries alld Museums Act 1964 CH. 75 7

:i1 shall cease to be acified in that behalf in

Act other than section 5cough or urban districtrity-I shall by the operationto and become officers

library functions of the'ter that time the libraryJmprised in the libraryboard, and in any other

Jf the council shall, savey the Secretary of State,I of this provision to the

mty borough or urban, State under subsection, provision as he thinks

council of any library.cil or, where the county:ablished under section 5,ts and liabilities whichy area of the approved

'ry library authority tot library service for alland for that purpose tomaintain such buildingsther materials, and to do

thority shall have powerJooks and other materials, virtue of this subsectionties available to persons.ace of work is within theare undergoing full-time

, preceding subsection, aIr have regard to the

of adequate stocks, bynary authorities, and bys, that facilities are avail-

able for the borrowing of, or reference to, books andother printed mrutter, and pictures, gramophone records,films and other materials, sufficient in number, rangeand quality to meet the general requirements and anyspecial requirements both of adults and children; and

(b) of encouraging both adults and children to make fulluse of the library service, and of providing advice asto its use and of making available such bibliographicaland other information as may be required by personsusing it ; and

(cl of securing. in relation to any matter concerning thefunctions both of the library authority as such and anyother authority whose functions are exercisable withinthe library area, that .there is full co-operation betweenthe persons engaged in carrying out those functions.

8,-(1) Except as provided by this section, no charge shall Restrictionbe made hy a library authority (otherwise than to another library on ~Ibrges

authority) for library facilities made available by the authority. ~~~il:ti~~:

(2) A library authority may make a charge not exceeding suchamount as may be specified in that behalf by the Secretaryof State--

(a) for notifying a person that a book or other articlereserved by him has become available for borrowing,or

(b) in respect of failure to return a book or other articlebefore the end of the period for which it was lent.

(3) A library authority may make a charge for the borrowingof any article, except that where under section 7(1) above theauthority is under a duty to make facilities for borrowingavailable to a person the authority shall not charge that personfor borrowing-

(a) a book, journal, pamphlet or similar article, or(b) a reproduction made by photographic or other means

of tlle whole or a part of any such article.

(4) A library authority may make a charge for supplying bookcatalogues or indexes, or any similar articles, where the articlesbecome the property of the persons to whom they are supplied.

(5) Where facilities made available to any person by a libraryauthority go beyond those ordinarily provided by the autho­rity as part of the library service the authority may make acharge for the provision of those facilities.

9.-(1) A library authority may make contrihutions towards Contributionsthe expenses of another library authority or of any other person and grants.providing library facilities for members of the public.

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

8 CH. 75 Public Libraries alld ]v[useullls Act 1964 Public LiI

Defaultpowers ofSecretaryof Stale.

(2) The Secretary of State may make grants to any body whichmaintains book catalogues or indexes to which all library autho­rities are permitted to refer, or olherwise makes available to alllibrary authorities facilities likely to assist them in the dischargeof their duty under section 7{l) above.

IO.-{l) Il-

(a) a complaint is made to the Secretary of State that anylibrary authority has failed to carry out duties relatingto the public library service imposed on it by or underthis Act; or

(b) the Secretary of State is of opinion that an investiga­tion should be made as to whether any such failureby a library authority has occurred,

and, after causing a local enquiry to be held into the matter,the Secretary of State is satisfied that there has been such afailure by the library authority, he may make an order declaringit to be in default and directing it for tbe purpose of removingthe default to carry out such of its duties, in such manner andwithin such time, as may be specified in the order.

(2) If a library authority with respect to which an order hasbeen made under the preceding subsection fails to comply withany requirement of the order, the Secretary of State, insteadof enforcing the order by mandamus or otherwise,-

(a) if the authority is the council of a non-county boroughor urban district, may make an order providing that on adate specified therein the council shall cease to be alibrary authority, or

(b) if the authority is a joint board, may make an orderproviding that on a date specified therein the boardshall be dissolved and-

(i) that on its dissolution the authorities consti-. tuting the board, other than any council of a non­

county borough or urban district with a populationless than 40,000, shall again become libraryauthorities;

(iD that any council of a non-county borough orurban district comprised in the board with a popu­lation less than 40,000 shall or shall not so becomea library authority, as the Secretary of State thinksfit ;

(iiD that the functions relating to the publiclibrary service of such of those library authoritiesas may be specified in that behalf in the order shallbe transferred to the Secretary of State, or

(e) in any otherthe function;library serviof State.

(3) A power confetorder shall be exercisbe su bject to annulmlHouse of Parliament.

(4) Where function:ferred to the Secretarmay at any time by I

authority, and the orvisions as may appear

(5) Section 324 of tto expenses incurreddefault under that Iincurred by the Seenof a library authoritMinister therein referrincluded any library a

n.-{l) A library l

by the operation of a..duty to secure that-!

«(I) so long as 1:1authority byserved withconditions oJtions of empenjoyed imrr.

(b) the said new(i) so 10

comparabldiately belsalary or r

(ii) the I

ment,are not lessdiately befor

(2) Section 60(2) ofrequires provision to tcertain cases of corn!or diminution of emol

(a) who suffer losemolumentsoperation of.

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

,Act 1964 ( Public Libraries and Museullls Act 1964 CH_ 75 9

lnts to any body whichvhich all library autho­makes available to all

: them in the discharge

,tary of State that anylrry out duties relatingosed on it by or under

lion that an investiga­~ther any such failurered,held into the matter,

here has been such aake an order declaring~ purpose of removingi, in such manner andhe order.

lo which an order hasn fails to comply with:tary of State, insteadotherwise,-

a non-county boroughder providing that on a:it shall cease to be a

, may make an orderfled therein the board

the authorities consti­any council of a non­.rict with a population,ain become library

Ion-county borongh orle board with a popu­lr shall not so becomecretary of State thinks

:lating to the publicose library authorities:half in the order shallI of State, or

(e) in any other case, may make an order providing thatthe functions of the authority relating to the publiclibrary service shall be transferred to the Secretaryof State.

(3) A power conferred by subsection (2l above to make anorder shall be exercisable by statutory ,instrument, which shallbe subject to annulment in pursuance of a resolntion of eitherHouse of Parliament.

(4) Where functions of a library authority have been trans­ferred to the Secretary of State under subsection (2) above hemay at any time by order transfer those functions back to theauthority, and the order may contain such supplemental pro­visions as may appear to him to be expedient for that purpose.

(5) Section 324 of the Public Health Act 1936 (which relatesto expenses incurred in exercising the functions of a body indefault under that Act) shall apply in relation to expensesincurred by the Secretary of State in exercising the functionsof a library authority as if the Secretary of State were theMinister therein referred to and the reference to a local authorityincluded any library authority.

11.-(1) A library authority to which an officer is transferred Supplementalby the operation of any provision of this Act shall be under a provisions asduty to secure that- to transfers of

. officers, assets(a) so long as he cont1l1ues in the employment of the and liabilities.

authority by virtue of the transfer and until he isserved with a statement in writing of new terms andconditions of employment, he enjoys terms and condi-tions of employment not less favourable than those heenjoyed immediately before the date of transfer: and

(bl the said new terms and conditions are such that-m so long as he is engaged in duties reasonably

comparable to those in which he was engaged imme­diately before the date of transfer, the scale of hissalary or remuneration, and

(ii) the other terms and conditions of his employ­ment.

are not less favourable than those he enjoyed imme·diately before the dale of transfer.

(2) Section 60(2) of the Local Government Act 1958 (whichrequires provision to be made by regulations for the payment incertain cases of compensation for loss of employment or lossor diminution of emoluments) shall apply as respects persons-

(a) who suffer loss of employment or loss or diminution ofemoluments in consequence of their transfer by theoperation of any provision of this Act, or

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

10 CH. 75 Public Libraries aud Museums A Cl 1964

Provisionandmaintenanceof museumsand galleries.

(b) who, being officers of a county council or a joint boardestablished under section 5 of this Act, suffer loss ofemployment or loss or diminution of emoluments inconsequence of a reduction in the library area of thecounty council or joint board resulting from the appro­val of the council of a non·county borough or urbandistrict as a library authority,

as it applies in tbe cases there provided.

(3) Where any library officers or library assets and liabilitiesbave been transferred by the operation of tbis Act from onelocal authority to another, those authorities may by agreementprovide for tbe making of sucb adjustments in relation to tbeirrespective property, rights and liabilities as appear to tbem tobe desirable having regard to the transfer, and any such agree­ments may in particular provide for the making of paymentsby either party tbereto.

(4) Where it appears to the Secretary of State that havingregard to any such transfer it is desirable that any such adjust­ment as is mentioned in subsection (3) above (including anypayment by eitber of the authorities concerned) should be made,he may, subject to any agreement made undcr that subsectionand after consultation with the authorities concerned, by direc­tions make provision for that adjustment.

(5) Wbere any question arises as io wbetber any libraryofficers or library assets and liabilities have been transferred bythe operation of this Act from one local authority to anotber,that question shall be determined by tbe Secretary of State.

(6) The provisions of Schedule I to this Act shall bave effectas respects superannuation and other benefits in the cases tbereprovided.

Museullls alld art galleries12.-(1) A local authority may provide and maintain museums

and art Qalleries within its administrative area or elsewherein Engla';-d or Wales, and may do all such things as may benecessary or expedient for or in connection with Ihe provisionor maintenance thereof:

Provided that a local authority not being a library authorityand not already maintaining a museum or art gallery underthis section sball not provide a museum or art gallery there·under witbout the consent of the Secretary of State; and tbatconsent may be given subject to such conditions as the Secre­tary of State thinks fit, and he may at any time vary or revokeany of the conditions.

(2) A local authority maintaining a museum or art galleryunder this section may with the consent of the Secretary of

State enempowegallery'

13.-'to a mlof this P

(2) Inits powea localthat theof educ<interests

14. Aa musetcontribu

(a)

(b)

15.-('oallery :" 1be usedor art g::

(2)Wsectionwhich itas aforemay, byprovide

(3) T)respectautborit

(4) Tlor the (

16. Tmatter I

Act.

17. THouse (under tt

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

t 1964 ( Public Libraries alld lvluseullls Act 1964 CH. 75 11

;il or a joint boardAct, suffer loss ofof emoluments in

library area of theng from the appro­borough or urban

;sets and liabilities:his Act from onemay by agreementin relation to their~ppear to them toId any such agree­lking of payments

State that havingIt any such adjust­,ve (including anyI) should be made,ler that suhsectionIDcerned, by direc-

,ether any libraryeen transferred by:hority to another,tary of State.

;t shall have effectin the cases there

maintain museumsarea or elsewherethings as may be

with the provision

1 library authorityart gallery underart gallery there-

)f State; and that.ions as the Secre­me vary or revoke

urn or art gallery, the Secretary of

State enter into an agreement with any other local authorityempowered to maintain it for the transfer of the museum orgallery and its collections to dlat authority.

13.-(1) A local authority may make a charge for admission Charges forto a museum or art gallery maintained by it under seotion 12 admission 10of this Act. museums and.

galleries.(2) In determining whether, and in what manner, to exercise

its powers under this section in relation to a museum or gallery,a local authority shall take into account the need to securethat the museum or gallery plays its full part in the promotionof education in the area, and shall have particular regard to theinterests of children and students.

14. A local authority being a library authority or maintaining Contributionsa museum or art gallery under section 12 above may make 10 expenses ofcontributions towards expense incurred by any person- m~teums and. . . .. . sa cnes.

(a) m provldmg or mamtammg a museum or art galleryin any place within England or Wales, or

(bl in providing advisory or other services or financialassistance for the benefit of a museum or art gallery,in any such place.

15.-0) A local authority maintaining a museum or art Power 10

gallery under section 12 of this Act may establish a fund to ~S1ajl!Shbe used for the purchase of objects for exhibition in any museum p~~eh~:eor art gallery for the time being so maintained by the authority. of exl;ibilS.

(2) Where at the time a fund is established by it under thissection a local authority maintains under a local Act a fundwhich it is authorised to use for the purchase of such objectsas aforesaid, the Min.ister of Housing and Local Governmentmay, by order made on the application of the local authority,provide for tbe amalgamation of the funds.

(3) The provisions of Schedule 2 to this Act shall apply withrespect to the management of a fund establisbed by a localauthority under this section.

(4) Tills seclion shall not apply to the council of a parishor the council of a borougb included in a rural district.

General16. The Secretary of State may hold an inquiry into any Inquiries.

matter relating to the functions of a local authority under thisAct.

17. The Secretary of State shall annually lay before each AnnualHouse of Parliament a report on the exercise of his functions report.under this Act.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

12 CH. 75 Public Libraries alld Museullls Act 1964 Public Libr'

Compulsoryacquisitionof land.

Byelaws.

Use ofpremises foreducationalor culturalevents.

Expensesof countycouncils.

18.-(1) The Secretary of State may authorise any local autho­rity being a library authority to purchase compulsorily any landwhich it requires for the purposes of its functions under thisAct, and the Acquisition of Land (Authorisation Procedure)Act 1946 shall apply as if this Act had been in force immediatelybefore the commencement of that Act.

(2) In subsection (J) above" land" includes any interest in orright over land.

19.-(J) A local authority may make byelaws regulating theuse of facilities provided by the authoritv under this Act and theconduct of persons in premises where 'those facilities are pro­vided, and the Secretary of State shall be the person by whombyelaws so made are to be confirmed,

(2) Without prejudice to section 251 of the Local Govern­ment Act 1933 (under which byelaws may include provisionsfor imposing fines), byelaws made under this section may includeprovisions for enabling officers of the local authority to excludeor remove from premises maintained by the authority underthis Act any person who contravenes the byelaws.

(3) As well as complying with section 250(7) of the saidAct of 1933 (which requires byelaws. when confirmed, to bemade available to the public), a local authority shall cause acopy of byelaws made by it and in force under this section tobe displayed in any premises maintained by the authority underthis Act to which the public have access,

20. A local authority maintaining premises under this Actmay use the premises. or allow them to be used (whether inreturn for payment or not), for the holding of meetings andexhibitions, the showing of films and slides, the giving ofmusical performances, and the holding of other events of aneducational or cultural nature, and in connection therewith may,notwithstanding anything in section 8 a.bove, make or authorisethe making of a charge for admission.

21.-(1) Expenses of a county council under this Act inrespeet of the publie library service shall not be charged onany non-county borough or urban district outside the libraryarea of the county council; and expenses of a county councilrelat,ing to the provision or maintenance of a museum or artgallery under this Act or in respect of contributions by thecouncil under section 14 above shall be charged on the adminis­trative area of any local authority maintaining a museum orart gallery under section 12 above only with the consent oftlwt local authority.

(2) A condition imposed in relation to a local authority underthe proviso to section 12(1) above may require the authorityto give consent under the preceding subsection.

(3) Where a countyestablished under section

(a) references in suthe council shawhich would tnot exist andlibrary authori

(b) references thenmuseum or arnot include the

22. There shall be delment any expenses inClpurposes of this Act aein the sums payable outdeficiency Grant or Exenactments relating to Ior in Scotland.

23. The provisions (standing any inconsistepublic library maintainmencement of this Aetshall thereafter be treanot under that power;1Aet shall be taken to dlAct.

24.-(1) The Seereta!the Council of the Isle'instrument provide thasubject to such modifie:as if the Isles were a e,county council.

(2) An order under tlprovisions as may appEconsultation as aforesaior revoked by a subseql

25. In this Act-U library area" ha

4(2) of this Ac" library assets am

local authorit~

any functionslibrary serviceauthority is enof such functi

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

t 1964 Public Libraries alld Museums Act 1964 CH. 75 13

ise any local autho­npulsorily any landInctions under thisrisation Procedure)1 force immediately

lS any interest in or

laws regulating theler this Act and thel facilities are pro­le person by whom

the Local Govern­include provisions

section may includeluthority to excludehe authority under,laws.250(7) of the saidn confirmed, to belOrity shall cause ander this section tothe authority under

ises under this Actle used (whether in'g of meetings andides, the giving ofother events of an

:tion therewith may," make or authorise

under this Act innot he charged onoutside the library

of a county council)f a museum or art:ontributions by therged on the adminis­-ining a museum orwith the consent of

.ocal authority underequire the authority:ion.

(3) Where a county council is comprised in a joint boardestablished under section 5 of this Act-

(a) references in subsection (I) above to the library area ofthe council shall be construed as references to the areawhich would be its library area if the joint board didnot exist and each authority comprised in it were alibrary authority; and

(b) references therein to a local authority maintaining amuseum or art gallery under section 12 above shallnot include the county council.

22. There shall be defrayed out of moneys provided by Padia- Expenses ofment any expenses incurred by the Secretary of State for the ~eCrelary ofpurposes of this Act and any increase attributable to this Act tate, elc.in the sums payable out of moneys so provided by way of Rate-deficiency Grant or Exchequer Equalisation Grant under theenactments relating to local government in England and Walesor in Scotland.

23. The provisions of this Act shall have effect notwith- Local Acts.standing any inconsistent provision in a local Act, and anypublic library maintained by a library authority at the COm­mencement of this Act under a power conferred by a local Actshall thereafter be treated as maintained under this Act andnot under that power; but save as aforesaid nothing in thisAct shall be taken to derogate from the provisions of any localAct.

24.-( I) The Secretary of State may, after consultation with Isles of Scilly.the Council of the Isles of Scilly, by order made by statutoryinstrument provide that this Act shall apply to those Isles,subject to such modifications as may be specified in the order,as if the Isles were a county and the Council thereof were thecounty council.

(2) An order under this section may contain such transitionalprovisions as may appear to the Secretary of State, after suchconsultation as aforesaid, to be expedient; and may be variedor revoked by a subsequent order thereunder.

25. In this Act- Interpretation.

.. library area" has the meaning assigned to it by section4(2) of this Act;

.. library assets and liabilities" means property held by alocal authority solely or mainly for the purposes ofany functions exercisable by it in relation to the publiclibrary service and rights and liabilities to which theauthority is entitled or subject by reason of the exerciseof such functions;

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

J4 CH. 75 Public Libraries and MuseulIls Act 1964(

Short title,repeals etc.,commence­ment andextent.

"library authority" means a library authority under thisAct or, in relation to a time before the commencementof this Act, under the Public Libraries Acts 1892 to1919 ;

"library officer" means an officer of a local authorityemployed by the authority solely or mainly for thepurposes of any functions exercisable by it in relationto the public library service;

"local authority" means the council of a county. countyborough, London borough, county district or parish, orthe Common Council of the City of London, or thecouncil of a borough included in a rural district, or ajoint board established under section 5 of this Act;

" officer" includes a servant;" population" means population as estimated in the latest

estimate published by the Registrar General forEngland and Wales.

26.-(1) This Act may be cited as the Public Libraries andMuseums Act 1964.

(2) The enactments specified in the first and second columnsof Schedule 3 to this Act are hereby repealed to the extentspecified in the third column of that Schedule.

(3) In the proviso to section 94 of the Local GovernmentAct 1933 inserted by section 10(1) of the Education Act 1946(by virtue of which teachers in institutions maintained orassisted by a local education authority are excepted from dis­qualification from membership of local authority committeesappointed for certain purposes), the following shall be substi­tuted for paragraph (e):-

"(e) appointed under this Act for purposes connected withthe execution of the Public Libraries and MuseumsAct 1964; ".

(4) In section 193(5) of the Local Government Act 1933(which restricts the sums which can be required to be raisedin any financial year to meet the expenses of a parish meeting),after the words ".the adoptive Acts" there shall be insertedthe words" or the Public Libraries and Museums Act 1964";and in Schedule 1 to the Parish Councils Act 1957 (whichspecifies expenses of a parish council which are to be dis­regarded for the purposes of section 193(3) of the Local Govern­ment Act 1933), the following shall be substituted for para­graph 2:-

"2. Any expenditure under the Public Libraries andMuseums Act 1964 ".

(5) Bof this'Act 18'not beeffect mof State

(6) Papply ilment 01in relatdistrict

(7) T

(8) T

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

I1I/S Act 1964 Public Libraries and Museums Act 1964 CH. 75 15

·ary authority under thisdare the commencement; Libraries Acts 1892 to

er of a local authorityolely or mainly for thercisable by it in relation

lcil of a county. countyunty district or parish. orCity of London. or theI in a rural district. or aection 5 of this Act;

s estimated in the latestRegistrar General for

he Public Libraries and

rst and second columnsrepealed to the extentSchedule.

the Local Governmenthe Education Act 1946itutions maintained orare excepted from dis­I authority committeesUowing shall be substi-

,urposes connected with-ibraries and Museums

Government Act 1933required to be raised

:s of a parish meeting),there shall be insertedMuseums Act 1964"·lcils Act 1957 (whichwhich are to be dis­

l) of the Local Govern­: substituted for para-

Public Libraries and

(5) Byelaws in force immediately before the commencementof this Act under section 7 of the Museums and GymnasiumsAct 1891 or section 3 of the Public Libraries Act 1901 shallnot be invalidated by the repeal of those Acts but shall haveeffect as if they had been made, and confirmed by the Secretaryof State, under section 19 of this Act.

(6) Paragraphs (a) and (b) of section 6(6) of this Act shallapply in relation to a parish council which at the commence­ment of this Act ceases to be a library authority as they applyin relation to the council of a non-county borough or urbandistrict which at any time ceases to be a library authority.

(7) This Act shall come into force on 1st April 1965.

(8) This Act shall not extend to Scotland or Northern Ireland.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

16 CH. 75 Public Libraries and Museums Act 1964 1

Section 11.

SCHEDULES

SCHEDULE I

SUPERANNUATION AND OTHER BENEFITS IN CASES OFTRANSFER ETC.

I.-(l} Subject to the following sub-paragraphs, any provisionscontained in or made under-

(a) the Local Government Superannuation Acts 1937 to 1953,the Superannuation (Miscellaneous Provisions) Act 1948 orthe National Insurance Act 1959. or

(b) any Act passed after the passing of this Act whereby any ofthose Acts is amended, extended or superseded, or

(c) any local Act under which any authority maintains a super-annuation fund,

shall, in relation to a library officer transferred by the operatiooof this Act from one local authority to another, have effect (savein so far as, in the case of a provision coming ioto operation afterthe passing of this Act, the contrary is expressly provided) as if hisemployment by those authorities were one continuous employment.

(2) Sub-paragraph (I) above shall not have effect for the purposesof section 29 of the Local Government Superannuation Act 1937(which provides for the payment of traosfer values on a changefrom one superannuation fund to another), but, with respect toany transfer values which apart from any direction under this sub­paragraph would, in the case of a transfer of a library officer, bepayable under the said section 29 by the administering authority orjoint committee maintaining one superannuation fund (in titis sub­paragraph referred to as tbe transferor fund) to tbe administeringauthority or joint committee maintaining another superannuationfUDd, the Minister of Housing and Local Government, if in thecircumstances he considers it equitable to do so, may give directionsfor securing that-

(a) no such transfer values will be payable in consequence oftbe transfer:

(b) the assets comprised in the transferor fund will be appor­tioned in such manner as the administering authorities orjoint committees concerned may agree or, in default of suchagreement, the said Minister may determine; and

(c) in respect of such part of those assets as may be so agreedor determined, such financial adjustments (whether by wayof the transfer of assets or the making of a payment orbotb) as may be so agreed or determined shall be made:

and any directions given under this sub-paragraph may include sucbincidental, supplementary and consequential provisions as the saidMinister considers appropriate.

A direction shall not be given under section 11(4) of this Actwith respect to any matter as to which a direction is authorised tobe given under this sub-paragraph.

(3) Inof his errlion of tthe sameimmedialeffect incontribulconEerrethave eo,provisiOlbe is lJincreaselprovisiOJ

(4) Seregulaticannuaticbe talcelAct, antsball ne

2. Aror (c) (Local (

(a)

(b)

in so f'officer t'to him'transEet

3. Wof anyfrom 0of thedescripthe maany di:provisito thopowerin a 'seetior"apply I

4.­Act isby wo

(.

(I

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

Acl1964 Public Libraries alld Museums Act 1964 CH. 75 17

ITS IN CASES OF

graphs, any provisions

on Acts 1937 to 1953'rovisions) Act 1948 0;r

Lis Act whereby any ofmperseded. orrity maintains a super-

:red by the operation~her. have effect (saveg into operation aftersly provided) as if hisntinuous employment.

'lIect for the purposes:rannuatIOn Act 1937

values on a chanaeb~t, with respect to

:ctIOn under this sub­, a library officer benistering anthority or)n fund (in tltis sub­to the administering

other superannuationJvernrnent, if in thet, may give directions

le in consequence of

fund will be appor­;tenng authorities oror, in default of suchmine; and

lS may be so agreednts (whether by way19 of a payment orned shall be made;)h may include suchQvisions as the said

1 11(4) of this Action is authorised to

(3) In any case where the pensions provisions to which, by virtue SCH. Iof ltis employment as such, a library officer transferred by the opera-tion of this Act is subject immediately before the transfer are notthe same as the pensions provisions to which he becomes so subjectimmediately thereafter, the second-mentioned provisions shall haveeffect in relation to him as if they required ltim to make the likecontributions (if any) as he would have been liable to make. andconferred on him rights corresponding with those which he wouldhave enjoyed. if he had remained subject to the first-mentionedprovisions. and as if they conferred on the authority to whichhe is transferred any discretionary power to pay pensions orincreased pensions which was exercisable under the first-mentionedprovisions by the authority from which he was transferred.

(4) Sub-paragraph (I) above shall not alIect the power to makeregulations under section 36(6) of the Local Government Super­annuation Act 1937 with respect to such administrative action tobe taken by local authorities as is mentioned in Schedule 3 to thatAct, and, except as may be expressly provided in the regulations,shall not affect the operation of any such regulations.

2. Any such statutory resolution as is mentioned in section 3(2)(b)or (c) (designation of persons as contributory employees) of theLocal Goverrnnent Superannuation Act 1937 which-

(a) was passed by the authority from which a library officeris transferred by the operation of this Act. and

(b) is in force at the time the transfer takes effect.in so far as immediately before that time it applies to the libraryofficer transferred, shall continue in force and have effect in relationto him as if it had been passed by the authority to which he istransferred.

3. Where. immediately before the time at which library officersof any description are transferred by tbe operation of this Actfrom one local authority to another, it was the prevailing practiceof the first-mentioned authority. in relation to officers of thatdescription. to exercise beneficially (that is to say, so as to securetile making by the authority of payments or of increased payments)any discretionary power exercisable by it by virtue of any pensionsprovisions. it shall be the duty of ti,e other authority, in relationto those officers. to exercise that power (or any correspondingpower under the pensions provisions for the time being in force)in a way which is not less beneficial than that practice; andsection 35 of ti,e Local Government Superannuation Act 1937 shaIlapply to any question arising under this paragraph.

4.-(1) Where a joint board established under section 5 of thisAct is dissolved, and at any time before its dissolution a gratuityby way of periodical payments or an annuity-

(a) was granted to any person by the board on his ceasing tobe employed by the board. or

(b) was granted to the widow or any other dependant of aperson who died while in the employment of the board.or who died during the currency of such a gratuity grantedto him as mentioned in paragraph (a) above.

'.~

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

18 CH. 75 Public Libraries alld Museullls Act 1964

I,I

Pui

SeH. I

Section 15.

and, i[ the board had not been dissolved at Ihat time, one or morepayments in respect of that gratuity would under the terms o[ thegrant have fallen to be made by the board a[ler that time (whetherthe board would have been obliged to make UlOse payments ornot), those payments shall be made by such authority (being one ofthe authorities which on the dissolution o[ the board again becomelibrary authorities) as the Secrelary of State may determine.

(2) Without prejudice to sub-paragraph (I) above, where [or thepurposes of any pensions provision Ihe board. i[ it had not beendissolved, would at any time after the date on which it is dissolvedhave been the employing authority or former employing authorityin relation to-

(a) a person who before that time died while in the employmento[ the board. or otherwise ceased to be employed by theboard; or

(b) the widow or any other dependant of such a person.such authority (being one of the authorities which on the dissolu­tion of the board again become library authorities) as the Secre­tary of State may determine shall be treated as being at that timethe employing authority or former employing authority for thosepurposes in relation to that person, or to that person's widow orother dependant. as the case may be.

5. In this Sehedule-" pensions" includes lump sums and gratuities;.. pensions provision" means a provision relating to pensions

contained in or made under a general or local Act

SCHEDULE 2

MANAGEMENT OF FUNDS FOR PURCHASE OF EXHlDITS

Payments into fund

J. No payment shall be made into the fund (hereinafter referred10 as the" art fund ") unless the payment is authorised or required10 be made by the following provisions of this Schedule.

2.-(1) There may be paid into the art fund from the countyfund Of. as the case may be. the general rate fund such sumsas the local authority determine, bUl, except with the consent ofthe Minister o[ HOllsing and Local Government.-

(a) the aggregate of sums so paid in any financial year shallnot exceed the product of a rate of one-fifth of a pennyin the pound [or the administrative area of the authorityfor that year;

(b) a sum shall not be so paid if the payment thereof wouldcause the balance of the art fund to exceed the productof a rale of one penny in the pound [or that area for thatyear.

(2) The above references to the product of a rate for an areashall. where there is more than one rating area within the area.

be construed asIhe amonnt in q

(3) The prodnfor Ihe purposeof a rale of th;of an area othelmade for the puAct 1925. or. iwi th rules mad'ment for Ite pili

3. Where anyor art gallery nof this Act is s,not subject toused for the pthat museum 0for the time beithereof may be

4. Until il istherein may bements as trusteeand for this p1961 (which apother than trus:clTect as if this'

Provided thaby the authoritSchedule I tosecurities are hauthority or tolished under sec

5. Income 31

above shall beas the case rn;that fund into t

A pplicr.'

6. Where tbelsection 5 of thi:

(a) referen'rate f.revenrtrativeecferel

rb) the pr<applyiTrusteconstiboard

I

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

l1S Act 1964Public Libraries alld Musellms A Cl 1964 CH. 75 19

at that time, one or moreId under the terms of thej afler that time (whethermake those payments or:h authority (being one off the board again becometate may determine.

(1) above. where for theward. if it had not beene on which it is dissolved:mer employing authority

I while in the employmentd to be employed by the

t of such a person.ies which on the dissolu­authorities) as the Secre­ted as being at that timelying authority for those} that person's widow or

:ratuities;sion relating to pensions;eneral or local Act.

<ASE OF EXHIDlTS

:/

'und (hereinafter referredis authorised or requiredf this Schedule.

·t fund from the countyal rate fund such sums:ept with the consent ofnment,-

any financial year shall. of one-fifth of a pennyIve area of the authori ty

, payment thereof wouldd to exceed the productnd for that area for that

:t of a rate for an area19 area within the area,

be construed as references to the aggregate product of a rate ofthe amount in question for all rating areas within the area.

(3) The product of a rate of any amount for a rating area shallfor the purposes of this paragraph be taken to be the productof a rate of that amount for that area ascertained. in the caseof an area other than a county borough, in accordance with rulesmade for the purposes of section 9(2) of the Rating and ValuationAct 1925. or. in the case of a county borough. in accordancewith rules made by the Minister of Housing and Local Govern­ment for the purposes of Part I of the Local Government Act 1958.

3. Where any object previously kept for exhibition in a museumor art gallery maintained by the local authority under section 12of this Act is sold by the authority. and the proceeds of sale arenot subject to any trust the terms of which prevent their beingused for the purchase of other objects for exhibition either inthat museum or gallery or in any other museum or art galleryfor the time being so maintained. the proceeds of sale or any partthereof may be paid into the art fund.

Power of investment4. Until it is required for the purposes of the art fund. money

therein may be invested by the local authority in the like invest­ments as trustees are for the time being by law authorised to make.and for this purpose section 7 of the Trustee Investments Act1961 (which applies the preceding sections of the Act to persons.other than trustees. having trustee investment powers) shall haveeffect as if this Act had been passed before that Act:

Provided that for the purpose of the making of investmentsby the authority under this paragraph. paragraph 9 of Part IT ofSchedule I to that Act (which specifies local authorities whosesecurities are to be authorised investments) shall not apply to theauthority or to a joint board comprising the authority and estab­lished under section 5 of this Act.

5. Income arising from investments made under paragraph 4above shall be carried to the county fund or the general rate fund.as the case may be. and an equivalent sum shall be paid fromthat fund into the art fund.

A pplicnl;oll of foregoing prOVISions to joint boards

6. Where the local authority is a joint board established undersection 5 of this Act-

fa) references in this SchedUle to the county fund or generalrate fund shall be construed as references to the generalrevenues of the joint board. and references to the adminis­trative area of the local authority shall be construed asreferences to the library area of the joint board;

(b) the proviso to paragraph 4 above shall be treated as dis­applying paragraph 9 of Part IT of Schedule I to theTrustee Investments Act 1961 in relation to the authoritiesconstituting the joint board as well as in relation to theboard itself.

SCH. 2

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

20

Section 26.

CH. 75 P1Iblic Libraries ({lid !v[1ISe1lIllS Act /964

SCHEDULE 3

REPEALS

Pub

Short titleChapter

54 & 55 Vict.c.22.

55 & 56 Vict.c. 53.

56 & 57 Vicl.c. 11.

56 & 57 Vicl.c.73.

61 & 62 Vicl.c.53.

I Edw. 7. c. 19.

9 & 10 Geo. 5.c.93.

15&16Goo.5.c.90.

23 & 24 Geo. 5.c. 51.

9 & 10 Geo. 6.c.49.

9 & 10 Geo. 6.c.50.

8 & 9 Eliz. 2.c. SS.

1963 c. JJ

The Mll5cums and Gym·nasiums Act 189 I.

The Public Libr;uics Act1892.

The Public libraries(Amendment) Act 1893.

I The LClcal GovernmentAct 1894.

The Libr~ry Offences Act1893.

The Public Libraries Act1901.

The Public Libraries Act1919.

The Rating and ValuationAct 1925.

The Loc..'11 GovernmentAct 1933.

TIle Acquisition of Land(Authoris::uion Proced­ure) Act 1946.

The Education Act 1946.

The Charities Act 1960.

The London GovernmentAct 1963.

Extent of repeal

The whole Act, so far as un­repealed.

The whole Act.

The whole Act.

Section 7(1)(e).

rn section 3, paragraph (a).

The whole Act.

The whole Acl.

Section 2(6).

In section 305, in the definitionof" The Adoptive Acts" the

, words" and (e) The PublicLibraries Acts 1892 to 1919·'.

In Schedule 7, the reference tothe Public Libraries Acts1892 to 1919.

I n Schedule 4, the entry relatingto the Public Librnrics Act1919.

Section 14(3).

fn Schedule 6, the entry relatingto the Public Libraries Act1892.

Section 56.

Museums and GYIPublic Libraries ARating and Valua l

Local GovernmenPublic Health Acl

Local Govemmer

Acquisition of L~

1946.Education Act 1~Superannuati(;ll1 (Parish CouncilsLocal Governm~National InsuralTrustee lnvestm

COlluollcf of I

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

Public Libraries al/d Mus~lIl11s Act 1964

Table of Statutes re/erred to in this Act

CH. 75 21

Extent of repeal

hOlc ACl C, so .ar as un.led.IOlc Act.

lole Act.

7(1 lee).

on 3, paragraph (a).

ole Act.

Jle Act.

2(6).

Short Tille

Museums and Gymnasiums Act 1891Public Libraries Act 190 1Rating and Valuation Act 1925Local Government Act 1933Public Health Act 1936

Local Government Superannuation Act 1937

Acquisition of Land (Authorisation Procedure) Acl1946.

Education Act 1946 .. ... ...Superannuation (Miscellaneolls Provisions) Act 1948Parish Councils Act 1957Local Government ACI 1958National Insurance Act 1959Trustee Investments ACl J961

Session and Chapter

54 & 55 Viet. c. 12.I Edw. 7. c. 19.15 & 16 Geo. 5. c. 90.23 & 24 Geo. 5. c. 51.26 Gco. 5 & I Edw. 8.

c.49.I Edw. 8 & I Geo. 6.

c.68.9 & 10 Geo. 6. c. 49.

9 & 10 Geo. 6. c. 50.11 & 12 Geo. 6. c. 33.5 & 6 Eliz. 2. c. 42.6 & 7 Eliz. 2. c. 55.7 & S Eliz. 2. c. 47.9 & 10 Eliz. 2. c. 62.

~n 305, in the definition1,: Adoptive Acts" the

and (e) The Publiccs ACls 1892101919"IUJ~ 7, the reference t~ubhc Libraries Acts, 1919.ule 4, the entry refatingPublic Libraries ACI

4(3).

JIe 6, the entry relatingPublic Libraries Act

6.

PRINTED UY SIR I'ERey FAULKNER. K.U.E., c.n.Controller of Her MajeslY's St,uiOllery OlIice and Queen's Printer or ACIS or I'arlialllcnl

DISCLAIMER: As Member States provide national legislations, hyperlinks and explanatory notes (if any), UNESCO does not guarantee their accuracy, nor their up-dating on this web site, and is not liable for any incorrect information. COPYRIGHT: All rights reserved.This information may be used only for research, educational, legal and non-

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).