Archives
LOCAL GOVERNMENT ACT 2001
Chapter 3
Library and Archival Functions
Section 77
F102[
Library authorities.
77.— Each of the following is a library authority:
(a) a county council;
(b) a city council;
(c) a city and county council;
and references to “library authority” shall be read accordingly.]
Annotations
Amendments:
F102
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 57, S.I. No. 214 of 2014.
Editorial Notes:
E196
Power pursuant to section exercised (1.09.2002) by Local Government Act, 2001 (County Tipperary Joint Libraries Committee) Regulations 2002 (S.I. No. 214 of 2002).
Section 78
Functions of library authorities.
78.—(1) A library authority may take such measures, engage in such activities or do such things in accordance with law (including the incurring of expenditure) for the provision of library services as it considers necessary or desirable.
(2) A library authority may, in particular, arrange for the provision of the following services:
(a) premises and facilities (including mobile facilities) for the borrowing of and reference to books and other printed matter, tapes and discs (being audio, video or both), slides, and such other material, including material available by means of the use of computers and information technologies, as it considers appropriate;
(b) activities and events of artistic, linguistic, educational, cultural, recreational, community or similar interest;
(c) such other information services, including services available by means of the use of computers and information technologies, as can in its opinion be supplied in conjunction with its functions as a library authority.
(3) A library authority is not, by virtue of subsection (1) or (2), to undertake any activity which in its opinion would unnecessarily duplicate activity arising from the performance of a statutory function by any other public authority or person.
(4) A library authority may make such arrangements as it considers desirable for the provision of library services to any other library authority, public authority or other body (including a school) or by any such body to that library authority.
(5) A library authority shall from time to time, or if requested by the Minister, prepare and adopt a programme for the operation and development of its library service (in this section referred to as the “library development programme”).
(6) Every library development programme prepared by a library authority under subsection (5) shall include—
(a) an outline of the existing library services,
(b) the development objectives and priorities for the library service,
(c) the measures taken or proposed to be taken to secure those development objectives,
(d) the financial or other implications of the library development programme,
(e) such other matters as are considered necessary by the library authority or as the Minister may specify in writing.
(7) The adoption of a library development programme is a reserved function.
Section 79
An Chomhairle Leabharlanna.
79.—F103[…]
Annotations
Amendments:
F103
Repealed (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(1), S.I. No. 422 of 2012.
Modifications (not altering text):
Editorial Notes:
E197
Power pursuant to section and Copyright and Related Rights Act 2000 (28/2000), s. 42A exercised (31.12.2008) by Copyright and Related Rights (Public Lending Remuneration Scheme) Regulations 2008 (S.I. No. 597 of 2008), as amended (20.06.2013) by Copyright and Related Rights (Public Lending Remuneration Scheme) (Amendment) Regulations 2013 (S.I. No. 221 of 2013).
E198
Previous affecting provision: power pursuant to section exercised (26.02.2008) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 55 of 2008); revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(d), S.I. No. 422 of 2012.
E199
Previous affecting provision: subs. (6)(e) amended (4.12.2007) by Copyright and Related Rights (Amendment) Act 2007 (39/2007), s. 14, commenced on enactment; section repealed as per F-note above.
E200
Previous affecting provision: power pursuant to section exercised (3.09.2007) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2008 (S.I. No. 708 of 2007), in effect as per reg. 3; revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(c), S.I. No. 422 of 2012.
E201
Previous affecting provision: power pursuant to section exercised (29.01.2003) by Local Government (An Chomhairle Leabharlanna) (Amendment) Regulations 2003 (S.I. No. 28 of 2003); revoked (1.11.2012) by Local Government (Miscellaneous Provisions) Act 2012 (17/2012), s. 15(2)(b), S.I. No. 422 of 2012.
Section 80
Records and archives of local authorities.
80.—(1) In this section—
“local archives” includes—
(a) such records and documents (including copies) as are, at the commencement of this section, held by any local archives service operated by any local authority (whether alone or in co-operation with another person or body),
(b) archival material acquired by a local authority under subsection (3), and
(c) other local records which are more than 30 years old, except such records as are certified, in accordance with directions under subsection (4), to be unsuitable for classification as local archives;
“local records” includes books, maps, plans, drawings, papers, files, photographs, films, micro-films and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, other documentary or processed material made or received, and held in the course of its business or as successor to any other body by a local authority and includes copies of any such records duly made, but does not include—
(a) grants, deeds or other documents of title relating to property for the time being vested in the local authority, and
(b) any part of the permanent collection of a library, museum or gallery.
(2) Subject to the other provisions of this section, it is a function of a local authority to make arrangements for the proper management, custody, care and conservation of local records and local archives and for inspection by the public of local archives.
(3) A local authority may acquire, by purchase, donation, bequest or loan, and undertake the care and conservation of, archival material of local interest which is in the possession of any other person or body (including another local authority).
(4) The Minister may, after consultation with the Director of the National Archives, give advice or directions to local authorities in relation to any matter relating to local records and local archives and, in particular and without prejudice to the foregoing, in relation to—
(a) the retention, management, preservation, restoration and reproduction of local records and local archives,
(b) the certification of local records to be unsuitable for classification as local archives, and the review of such certification at specified intervals,
(c) the availability of local archives for public inspection,
(d) the making and provision of copies and extracts from local archives,
(e) circumstances in which local archives, or particular classes of local archives, may be withheld from public inspection,
(f) the preparation of guides, lists, indexes and finding aids to local archives,
(g) the lending of local archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and
(h) the disposal of local records and local archives.
(5) Section 13 of the National Archives Act, 1986, shall cease to have effect in relation to records or documents of a local authority.
(6) Without prejudice to subsection (4), the National Archives Advisory Council may advise the Minister on any matter affecting local archives and their use by the public.
(7) Nothing in this section affects any rights of a person claiming to be the owner of a document to recover the document.
(8) The making or supplying of reproductions by or under the direction of a local authority of archives which are held in accordance with this section and are open to public inspection shall not, subject to any terms or conditions under which archival material was acquired under subsection (3), infringe the copyright of such archives.
(9) A person shall not remove, conceal, damage or destroy archives held by a local authority in accordance with this section.
(10) A person who contravenes subsection (9) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1,500.
(11) Summary proceedings for an offence under this section may be brought by the local authority concerned.
Annotations
Editorial Notes:
E202
E202
A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.