Public Libraries Act, 1947

• Jurisdiction: Ireland
• Citation: IR No. 40/1947
• Year: 1947

Number 40 of 1947.
PUBLIC LIBRARIES ACT, 1947.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. An Chomhairle Leabharlanna. 3. General statement of purposes of central library. 4. Improvement of public library services. 5. Membership of Council. 6. Appointment of members and cessation of membership. 7. Procedure of Council. 8. Application of enactments relating to local authorities, etc. 9. Byelaws. 10. Existing staff of Irish Central Library for Students. 11. Premises. 12. Insurance. 13. Gifts. 14. Seal. 15. Annual report and audited accounts. 16. Grants to Council for financial aid to local authorities. 17. Expenses of Council. 18. Expenses of Minister. 19. Repeal of section 89 of Local Government Act, 1941. 20. Short title and collective citation.
SCHEDULE.
Acts Referred to Local Government Act, 1941 No. 23 of 1941 Local Government Act, 1925 No. 5 of 1925 Local Authorities (Mutual Assurance) Act, 1926 No. 34 of 1926 Local Authorities (Officers and Employees) Act, 1926 No. 39 of 1926 Local Government Act, 1946 No. 24 of 1946
Number 40 of 1947.
PUBLIC LIBRARIES ACT, 1947.
AN ACT TO ESTABLISH A BODY TO BE CALLED AN CHOMHAIRLE LEABHARLANNA FOR THE PURPOSES OF ACCEPTING FROM THE CARNEGIE TRUST THE GIFT OF THE IRISH CENTRAL LIBRARY FOR STUDENTS, OF OPERATING A CENTRAL LIBRARY AND OF ASSISTING LOCAL AUTHORITIES TO IMPROVE THEIR LIBRARY SERVICES, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [17th December, 1947.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—(1) In this Act—
	the expression “the Carnegie Trust” means the Carnegie United Kingdom Trustees incorporated by Royal Charter;
	the expression “the Council” means An Chomhairle Leabharlanna established by section 2 of this Act;
	the expression “local authority” (except in section 8) means a body being the council of a county, the corporation of a county or other borough or the council of an urban district;
	the word “member” when used without qualification means member of the Council;
	the expression “the Minister” means the Minister for Local Government.
	(2) References in this Act to an enactment which is amended are to that enactment as so amended.
	Establishment and Functions of Council.
	An Chomhairle Leabharlanna.	2.—(1) There shall be a body to be known as An Chomhairle Leabharlanna.
	(2) The functions of the Council are to accept from the Carnegie Trust the gift of such books, equipment and other assets of the Irish Central Library for Students as may be offered to it, to establish, maintain and operate a central library and to assist local authorities to improve their library services.
	(3) The Council shall be a body corporate with perpetual succession and a seal, and may sue and be sued in its corporate capacity and hold land.
	General statement of purposes of central library.	3.—The purposes of the central library to be established by the Council shall include the following:—
	(a) to supplement the regular library services of local authorities, educational institutions and learned societies, and the services of public and special libraries generally, by providing books required for study and research;
	(b) to supply such books to readers directly;
	(c) to serve, as a medium for the supply of books of public and special libraries to readers for study and research;
	(d) to aid by the supply of books, directly and through responsible bodies, organised groups of students.
	Improvement of public library services.	4.—(1) The Council may consult with and advise local authorities as to the improvement of public library services, assist them to improve such services and make recommendations to the Minister in relation to such services.
	(2) The assistance provided for in subsection (1) of this section may, with the consent of the Minister, include financial aid.
	(3) The Council, with the consent of the Minister, may make arrangements with other library bodies for the mutual extension of library services.
	Membership and Procedure.
	Membership of Council.	5.—(1) The Council shall consist of a chairman and twelve other members.
	(2) The chairman shall be appointed by the Minister after consultation with the Minister for Education.
	(3) The other members shall be appointed by the Minister as follows:—
	(a) one on the nomination of the Governing Body of University College, Dublin,
	(b) one on that of the Governing Body of University College, Cork,
	(c) one on that of the Governing Body of University College, Galway,
	(d) two on that of the Board of Trinity College, Dublin,
	(e) one on that of the Council of Trustees of the National Library of Ireland,
	(f) three on that of the Irish County Councils General Council,
	(g) two on that of the Association of Municipal Authorities of Ireland,
	(h) one on that of an association (in this section called “an approved association”) approved by the Minister, the objects of which include the advancement of the work of public libraries in the State.
	(4) Each person nominated by the Irish County Councils General Council shall be a member of the council of a county.
	(5) Each person nominated by the Association of Municipal Authorities of Ireland shall be a member of a local authority, and at least one of them shall be a member of the corporation of a county borough.
	(6) The person nominated by an approved association shall be a member or officer of a local authority.
	Appointment of members and cessation of membership.	6.—(1) The first appointment of members shall be made as soon as may be after the passing of this Act.
	(2) There shall be a new appointment of members to take effect on the 1st day of January in every fifth year after the year in which the first appointment takes effect.
	(3) The existing members shall go out of office on the appointment of their successors.
	(4) An outgoing member may be re-appointed.
	(5) A member may resign by letter addressed to the Minister.
	(6) The nominator of a member may request the Minister to remove him from office and the Minister shall comply with the request.
	(7) A member who is required to be a member of a local authority shall, if he ceases to be such, thereupon cease to be a member of the Council.
	(8) A vacancy on the Council shall be filled by the Minister on the nomination of the nominator of the person whose cessation of membership caused the vacancy.
	Procedure of Council.	7.—(1) The Council may act notwithstanding vacancies in its membership.
	(2) The quorum for a meeting of the Council shall be such number as the Council may from time to time fix or, if no quorum is for the time being so fixed, five.
	(3) The Council may, with the consent of the Minister, make rules for the conduct of its proceedings.
	Administration of Council.
	Application of enactments relating to local authorities, etc.	8.—(1) The Council shall, within the meaning and for the purposes of each of the enactments specified in the Schedule to this Act, be deemed to be a local authority, local body, county council or public body, according to the context of the enactment, and every reference therein to a Minister shall be construed as a reference to the Minister.
	(2) (a) In the event of the removal of the members from office under section 44 of the Local Government Act, 1941 (No. 23 of 1941), as applied by this Act, the Minister shall appoint members (in this section referred to as new members) in their stead.
	(b) Sections 48 and 49 of the Local Government Act, 1941 , shall in their application to the Council have effect as if the references therein to a new election of members; were references to such appointment.
	(3) Notwithstanding anything to the contrary in section 6 of this Act, the appointment of new members shall be made to take effect as follows:—
	(a) if the period of five years after the removal of the members expires within one year before the 1st day of January in the year in which a new appointment of members would be required save for such removal, either
	(i) on the said 1st day of January, or
	(ii) on any day within the period of five years after such removal;
	(b) otherwise, on any day within the period of five years after such removal.
	(4) Subject to subsection (3) of this section, the removal of the members from office and the appointment of new members shall not alter the years in which new appointments are to take effect.
	Byelaws.	9.—The Council shall be deemed to be a library authority within the meaning and for the purposes of the provisions of the Public Libraries Act, 1901, as extended and adapted by section 8 of the Public Libraries (Ireland) Act, 1902, enabling a library authority to make byelaws, and otherwise relating to such bye-laws.
	Existing staff of Irish Central Library for Students.	10.—(1) On the acceptance of the gift of the Carnegie Trust, each person who is then a member of the staff of the Irish Central Library for Students shall become a member of the staff of the...