Public Library
(Jersey) Regulations 2007
1 Interpretation
(1) In these Regulations –
“function” includes power, authority and duty;
“Jersey Library” and “Library” mean the
public library service of Jersey;
“Library Code” means a code adopted by the Chief
Librarian under Regulation 10;
“library materials” includes books, periodicals, other
printed matter, sheets of music, maps, plans, charts, pictures, audiotapes,
compact discs, videotapes, other recordings, films and electronic publications
and any other things that in accordance with contemporary library practice (as
practised from time to time) are lent or provided by a library service to
members of the public;
“Minister” means the Minister for Education and Lifelong
Learning;
“premises” includes mobile facilities;
“staff” means the Chief Librarian appointed under
Regulation 4 and the other staff appointed under Regulation 5;
“States’ employee” has the same meaning as in the Employment of States of
Jersey Employees (Jersey) Law 2005;
“States Employment Board” means the States Employment
Board to which Article 4 of the Employment of States of
Jersey Employees (Jersey) Law 2005 refers.[1]
(2) In these Regulations, a
reference to the Library’s doing anything shall be a reference to the
doing of that thing by the Chief Librarian or by a member of the
Library’s staff.
2 Public
library service
(1) There shall continue to
be a public library service of Jersey called the Jersey Library.
(2) It shall be the duty of
the Minister –
(a) to
provide, by means of the Jersey Library, a comprehensive and efficient facility
for persons who live, work or study in Jersey; and
(b) to
promote the improvement of the Library.
(3) The Minister shall be
responsible for the safe keeping of the library materials of the Jersey
Library, and the other records and property that are owned or held by the
Library or are otherwise in its possession or control.
(4) The Minister shall have
the general charge of the Jersey Library.
3 Considerations
to which Minister must have regard
(1) In discharging his or
her duties under Regulation 2, the Minister shall have regard to the
desirability of securing –
(a) by
the keeping of adequate stocks;
(b) by
arrangements with other library services; and
(c) by
any other appropriate means,
that facilities are available for the purposes specified in
paragraph (2).
(2) Those purposes are the
borrowing of or reference to library materials that are sufficient in number,
range and quality to meet the general requirements, and any reasonable special
requirements, of adults and children.
(3) In discharging his or
her duties under Regulation 2, the Minister shall also have regard to the
desirability of the following –
(a) encouraging
both adults and children to make full use of the Jersey Library;
(b) providing
advice as to the use of the Library;
(c) making
bibliographical and other information available to users of the Library.
4 Chief
Librarian
(1) The States Employment
Board shall appoint a person under the Employment of States of
Jersey Employees (Jersey) Law 2005 as the Chief Librarian.
(2) The Chief Librarian shall
be the administrative head of the Jersey Library, and is responsible to the
Minister for its proper management.
5 Other
staff
(1) The States Employment
Board may appoint States’ employees, and other employees, to assist the
Chief Librarian.
(2) The employees so
appointed shall perform such duties as the Chief Librarian may direct.
6 Delegation
of functions and powers
(1) The Chief Librarian may
delegate any of his or her functions under these Regulations, or under any
other enactment, to any States’ employee.
(2) Such a delegation of a
function does not prevent the Chief Librarian from discharging the function.
(3) The Chief Librarian may
at any time revoke such a delegation.
7 Application
of funds
(1) The Minister may apply
any funds at his or her disposal (whether derived from the States or otherwise)
to the purposes and expenses of the Jersey Library.
(2) In particular, the
Minister may apply the funds to –
(a) the
purchase of library materials;
(b) the
payment of any fees for the Library’s membership of, or affiliation to,
any other organizations; and
(c) the
payment of other expenses in connection with the administration of the Jersey
Library.
(3) Paragraph (2)
shall not limit the operation of paragraph (1).
8 Library
open to public, but fees and undertakings may be required for certain matters
(1) The members of the
public shall be admitted to the Jersey Library’s premises free of charge
during the hours of opening fixed by the Minister.
(2) The Jersey Library may
make reasonable charges –
(a) for the
reservation or use of meeting rooms on the Library’s premises;
(b) for
admission to a spectacle, lecture, or other event, held on those premises;
(c) for
the use of computers or other electronic equipment, or for the use of any
equipment or material provided by the Library for use for copying or
reproducing anything;
(d) as
deposits for the borrowing by visitors to Jersey of library materials;
(e) for
the reservation of library materials;
(f) for
the cost of replacing or (where appropriate) reinstating library materials that
are lost or damaged when on loan;
(g) for
library materials on loan that are overdue for return;
(h) for
the replacement of lost library cards;
(i) for
any other services or facilities provided by the Library.
(3) This Regulation does
not authorize a charge for –
(a) access,
on any of the Library’s premises, to library materials; or
(b) the
borrowing of library materials that consist of books, or other printed matter,
belonging to the Library,
by persons who live, work or study in Jersey.
(4) The Library may require
a person who uses equipment, material, services or facilities referred to in
this Regulation to give an undertaking as to the person’s use of those
things or an undertaking that the person shall adhere to conditions of use set
out in the undertaking.
(5) Paragraph (1)
shall not affect the operation of Regulation 11.
(6) Paragraph (2)
shall not limit the operation of paragraph (1).
9 Lending
The Jersey Library may lend library materials to be taken away from
the Library’s premises.
10 Library
Code
(1) The Chief Librarian may
from time to time adopt as a Library Code a set of rules for the guidance of
people who use the Library or work there.
(2) A Library Code may make
provision for any of the following –
(a) the
registration of persons who wish to borrow library materials;
(b) the
issue of library cards to those persons;
(c) the
conditions on which library materials may be used on the Library’s
premises;
(d) the
conditions on which library materials may be borrowed and removed from the
Library’s premises;
(e) one
or more of the charges referred to in Regulation 8(2);
(f) any
other procedure adopted by the Library in relation to the use of its resources
or materials;
(g) any
other matter relating to reasonable use or reasonable enjoyment of the Library
or to reasonable conduct on the Library’s premises.
(3) A copy of any current Library
Code shall be kept at each of the Jersey Library’s premises to which the
public has access, and shall be available (without charge) for inspection there
on request by any person present on the premises.
11 Exclusion
of persons from Library premises
(1) If a person contravenes
a provision of a Library Code or a provision of an undertaking given under
Regulation 8(4), any member of the Jersey Library’s staff may,
despite Regulation 8(1), require the person to leave the Library or refuse
the person admission to the Library or access to any part of the Library or to
any of its resources or materials.
(2) A person so required to
leave shall do so immediately.
(3) A failure to do so
shall itself be a contravention of the relevant provision.
(4) Paragraph (3)
shall not limit the consequences of failing to comply with such a requirement.
12 Savings
A person who, immediately before 29th November 2007, is employed as
the Chief Librarian or as another member of staff of the Jersey Library shall
from 29th November 2007 continue to be so employed, and on the same terms and
conditions of employment as applied to the person immediately before 29th
November 2007.
13 Citation
These Regulations may be cited as the Public Library (Jersey)
Regulations 2007.