Public Library
(Jersey) Regulations 2007
Made 22nd November 2007
Coming into force 29th
November 2007
THE STATES, in pursuance of the Loi (1836) sur la bibliotheque publique[1], have made the following
Regulations –
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, Sport and Culture;
“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[2];
“States Employment Board”
means the States Employment Board to which Article 4 of the Employment of
States of Jersey Employees (Jersey) Law 2005 refers.
(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 Repeal
The Public Library (Jersey) Regulations 2003[3] are repealed.
13 Savings
A person who, immediately before the commencement of these
Regulations, is employed as the Chief Librarian or as another member of staff
of the Jersey Library shall from the commencement of these Regulations continue
to be so employed, and on the same terms and conditions of employment as
applied to the person immediately before the commencement.
14 Citation and commencement
(1) These
Regulations may be cited as the Public Library (Jersey) Regulations 2007.
(2) These
Regulations shall come into force 7 days after they are made.
m.n. de la haye
Greffier of the States