S.I. No. 499/1997 - Local Government (An Chomhairle Leabharlanna) Regulations, 1997

S.I. No. 499 of 1997.

LOCAL GOVERNMENT (AN CHOMHAIRLE LEABHARLANNA) REGULATIONS, 1997

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 3 and 34 of the Local Government Act, 1994 (No. 8 of 1994), hereby makes the following Regulations:

1 Citation.

1.

1. These Regulations may be cited as the Local Government (An Chomhairle Leabharlanna) Regulations, 1997.

2 Commencement.

2.

2. These Regulations shall come into operation on the first day of January 1998.

3 Interpretation.

3.

3. In these Regulations,

( a ) "article and sub-article" when used without qualification means an article or sub-article in these regulations;

"the Council" means the body known as An Chomhairle Leabharlanna which continues to stand established under section 34 of the Local Government Act, 1994 ;

"Director" means the person appointed under article 13 of these Regulations;

"library authority" means a library authority as defined in section 32 of the Local Government Act, 1994 ;

"local authority" means a local authority for the purposes of the Local Government Act, 1941 ;

"member", when used without qualification, means member of the Council;

"the Minister" means the Minister for the Environment and Local Government.

( b ) a reference to any enactment or regulation shall be construed as a reference to that enactment or regulation as amended, adapted, or extended by or under any subsequent enactment or regulation.

4 Functions and powers of the Council.

4.

4. (1) The functions of the Council shall be -

( a ) to provide advice and assistance to local authorities in relation to the improvement of the public library service;

( b ) to make such recommendations to the Minister in relation to the public library service as it sees fit;

( c ) to maintain and operate the central library established under Section 2 of the Public Libraries Act, 1947 (No. 40 of 1947);

( d ) to promote and facilitate library co-operation.

• (2) subject to sub-article (4) the Council may do all such things, including the incurring of expenditure as may be necessary for the effective carrying out of the aforementioned functions.

• (3) The assistance provided for at sub-article 1(a) may, with the consent of the Minister, include financial assistance.

• (4) Without prejudice to the generality of sub-articles (2) and (3), the Council may do all or any of the following

( a ) purchase or lease any land or premises and sell, let or otherwise dispose of any land or premises vested in the Council with the consent of the Minister,

( b ) borrow money on overdraft for current purposes subject to such limit as the Minister may from time to time determine,

( c ) appoint such officers and employ such other persons as may be approved by the Minister,

( d ) in relation to its functions promote, assist, facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data, statistics or other such material or in the dissemination of such information,

( e ) charge fees or receive monies in connection with services provided or activities undertaken by it,

( f ) accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the person making the gift provided such conditions are consistent with the functions of the Council.

5 Membership of Council.

5.

5. (1) The Council shall consist of a Chairperson and 12 other members.

• (2) The Chairperson shall be appointed by the Minister after consultation with the Minister for Education and Science.

• (3) The other members shall be appointed by the Minister as follows:

( a ) three, each of whom shall be a member of a library authority, on the nomination of the General ' Council of County Councils,

( b ) two, each of whom shall be a member of a local authority and, at least one of whom shall be a member of a library authority, on the nomination of the Association of Municipal Authorities of Ireland,

( c ) two, each of whom shall be either a member or an officer of a library authority, on the nomination of the Library Association of Ireland,

( d ) one, art the nomination of the Council of Trustees of the National Library of Ireland,

( e ) three, on the nomination of the Higher Education Authority,

( f ) one, on the nomination of the Board of Trinity College, Dublin,

6 Appointment of Members and Cessation of Membership.

6.

6. (1) An appointment of members shall take place as soon as may be after the expiry of the period of appointment of the members holding office on the day referred to in article 2 and thereafter every five years from that date.

• (2) The Chairperson shall be a member of the Council and shall hold office as Chairperson as long as he or she remains a member or until the Minister appoints another person to be Chairperson or until he or she resigns as chairperson by letter addressed to the Minister or is removed from office by the Minister under sub-article 6 of this Article.

• (3) Subject to sub-article (8) the period of appointment of members shall be five years and each member shall hold office for such period unless he or she sooner dies, resigns, is removed from office by the Minister or otherwise ceases to be a member.

• (4) Without prejudice to sub-article (6) the nominator of a member may request the Minister to remove the member from office and the Minister shall comply with such request.

• (5) A member may at any time resign from membership by giving a signed notice in writing to the Minister.

• (6) The Chairperson or a member of the Council may at any time be removed from the office by the Minister if, in the opinion of the Minister, the Chairperson or member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or such removal appears to the Minister to be necessary for the effective performance of the functions of the Council.

• (7) A member who was appointed pursuant to articles 5(3)(a), (b) or (c) and who ceases to be a member or officer of a library authority or local authority shall thereupon cease to be a member.

• (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 and such person shall serve as member for the unexpired residue of the period of appointment of the person who ceased to be a member.

7 Procedure of Council.

7.

7. (1) The Council shall hold such and so many meetings as may be necessary for the performance of its functions.

• (2) The Chairperson may, at any time, call a meeting of the Council.

• (3) Subject to the provisions of these Regulations and any directions given thereunder, the Council may regulate, by standing orders or otherwise, its procedure or business and may amend or revoke such standing orders.

• (4) The quorum for a meeting of the Council shall be one third of its membership calculated to the nearest whole number.

• (5) The proceedings of the Council shall not be invalidated by any vacancy or vacancies among its members or by any defect in the appointments to the Council.

• (6) A member of the Council who has any pecuniary or other beneficial interest in any matter coming before a meeting of the Council, shall disclose to the meeting the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the authority relating to the said interest, and any such disclosure shall be recorded in the minutes of the proceedings of the relevant meeting of the Council.

8 Finance.

8.

8. There may be paid to the Council, out of moneys provided by the Oireachtas and with the consent of the Minister for Finance, grants of such amounts as the Minister may sanction towards:

( a ) such financial aid as is provided by the Council to library authorities for the improvement of their library services

( b ) the cost of other measures taken by the Council for the development of the public; library service.

9 Expenses of the Council.

9.

9. The expenses of the Council incurred in accordance with an estimate adopted by it under article 10, excluding any fees charged by it or monies received by it in connection with services provided or activities undertaken by it, shall be refunded to the Council by library authorities in proportion to the populations of their respective functional areas.

10 ..

10.

10. (1) The financial year of the Council shall be the period of twelve months ending on the 31st day of December in any year.

• (2) ( a ) The Council shall, in respect of each financial year, adopt an estimate of its total expenditure and receipts, in such form and accompanied by such information as the Minister may direct.

( b ) An estimate under paragraph (a) shall be adopted not later than the 30th day of November in the preceding year.

• (3) The Council shall, as soon as may be after the adoption of the estimate under sub-article (2), send a copy of such estimate to the Minister and to each library authority.

11 Accounts and Audit.

11.

11. (1) The Council shall keep proper accounts Annual Report and Audited Accounts and records of its receipts and expenditure and shall prepare as soon as may be after the end of each financial year, a statement of the accounts of the Council for that year in such form as the Minister shall direct.

• (2) ( a ) The statement of accounts of the Council under sub-article (1) shall be considered by the Council at a meeting to be held within thirteen weeks from the close of the financial year and a copy thereof shall be provided to the Minister and to every library authority.

( b ) The Director shall, within such time after the close of every financial year as will enable the provisions of paragraph (a) to be complied with, complete and sign the statement of accounts for such financial year.

• (3) ( a ) The statement of accounts of the Council shall be audited by a local government auditor appointed by the Minister and shall be subject to a report by such auditor.

( b ) When the Director of the Council has received a copy of the statement of accounts for a financial year so audited by the auditor and a copy of the report of the auditor thereon, he or she shall submit a copy of the report to the Council at its next meeting.

• (4) The Council shall, when requested by the Minister, supply such information as the Minister may require relating to the performance of its functions and shall permit an officer of the Minister authorised for that purpose by the Minister to examine the books and accounts of the Council in respect of any year or other period.

12 Annual Report and Audit accounts.

12.

12. (1) The Council shall, not later than the 30th day of June in each year, prepare and adopt an annual report containing such information and particulars (including financial statements) as the Council may determine or as the Minister may direct, in relation to the performance of the functions of the Council during the preceding year.

• (2) The Council shall, as soon as may be, furnish for each year

( a ) a copy of the annual report, and

( b ) a copy of the statement of accounts for the corresponding financial year audited by the local government auditor and of the report of the auditor required under article 1, to the Minister, to each member, to each nominator of a member and to every library authority.

• (3) A copy of each annual report of the Council and of each report of the local government auditor, required under article 11, shall be laid by the Minister before each House of the Oireachtas.

13 Director of the Council.

13.

13. The Council shall appoint a person to manage the business of the Council and to carry out such functions as may be assigned to him or her from time to time by the Council and the person so appointed shall be known as the Director.

14 Allowances for members.

14.

14. The Council may, subject to, and in accordance with directions given by the Minister, with the consent the Minister for Finance, pay to the Chairperson and to the members of the Council allowances in respect of travelling and subsistence expenses reasonably incurred by them in connection with the performance of their duties on the Council.

15 Application of enactments.

15.

15. (1) The Council shall, within the meaning and for the purposes of each of the enactments specified in paragraph (2), be deemed to be a local authority, local body, county council or public body, according to the context of the enactment and every reference to a Minister therein shall be construed as a reference to the Minister.

• (2) The Local Authorities (Officers and Employees) Acts, 1926 to 1983, the Local Government Act, 1941 Part II (No. 23 of 1941), the Local Government Act 1946 Part III (No. 24 of 1946), the Local Government Act 1955 , Part II (No. 9 of 1955), the Local Government Act 1994 , Part IX (No. 8 of 1994), and the Local Government (Superannuation) Act, 1980 (No. 8 of 1980).

16 Directions by the Minister.

16.

16. The Minister may give to the Council such general or particular directions in writing on any matter related to its functions or operation or connected with the provisions of these Regulations as he or she considers appropriate and the Council shall comply with any such directions.

17 Revocations.

17.

17. The following Regulations are hereby revoked:

( a ) Public Libraries Act, 1947 (Grants) Regulations, 1961.

( b ) Public Libraries Act, 1947 (Grants) (Amendment) Regulations, 1977.

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 15th day of December, 1997.

NOEL DEMPSEY

Minister for the Environment and

Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations made under section 3 and 34 of the Local Government Act, 1994 provide for the continued establishment and operation of An Chomhairle Leabharlanna (the Library Council) and prescribe in an updated manner the way in which it will operate.