A
BILL
TO
Amend the Public Libraries and Museums Act 1964 to broaden the scope of
the general duty of library authorities so as to include a duty to provide
related cultural facilities alongside the library service; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Amendment of the Public Libraries and Museums Act 1964
(1) In section 1 (Secretary of State to superintend library service)—
(a)
in subsection (1), after the words “public library” there shall be inserted
the words “and cultural”;
(b)
5in subsection (1), after the word “libraries” there shall be inserted the
words “and cultural services”; and
(c)
in subsection (2), after the words “and records,” there shall be inserted
the words “and of such premises, records and similar as relate to the
provision of a broader cultural service.”
(2) 10In section 2 (National Advisory Councils), after subsection (5) insert—
“(6)
The council of the Arts Council England shall act as a Cultural
Advisory Council, and it shall be the duty of that Council to advise the
Secretary of State upon such matters connected with the provision or
use of cultural services and facilities in England whether under this Act
15or otherwise as they think fit, and upon any questions referred to them
by him.
(7)
The membership and appointment of members to the council of the
Arts Council England shall not be affected by this Act.”
(3) In section 7 (General duty of library authorities)—
(a)
20in subsection (1), after the words “efficient library” there shall be
inserted the words “and cultural”;
Public Libraries and Museums Act 1964 (Amendment) BillPage 2
(b)
in subsection (1), at the end there shall be inserted— “No library authority shall by virtue of this subsection be under a duty
to make cultural facilities or services available to persons other than
those whose residence or place of work is within the library area of the
5authority or who are undergoing full-time education within that area.”;
(c) in subsection (2), at the end of paragraph (c) there shall be inserted—
“(d)
of securing provision, either directly, through the
voluntary sector or through the commercial sector, and
by any other appropriate means, of a cultural service
10that is sufficient in range and quality to meet the general
requirements and any special requirements of
communities within the area of the library authority;
and
(e)
of encouraging both adults and children, and all
15communities within the area of the library authority, to
make full use of the cultural service.”
(4) In section 10 (Default powers of Secretary of State)—
(a)
in subsection (1), paragraph (a), after the words “public library” there
shall be inserted the words “or cultural”;
(b)
20in subsection (2), paragraph (b)(iii), after the words “public library”
there shall be inserted the words “or cultural”; and
(c)
in subsection (2), paragraph (c), after the words “public library” there
shall be inserted the words “or cultural”.
(5)
In section 11 (Supplemental provisions as to transfers of officers, assets and
25liabilities)—
(a)
in subsection (3) after the words “liabilities” there shall be inserted the
words “, or officers, assets and liabilities in relation to cultural services”;
and
(b)
in subsection (5) after the words “liabilities” there shall be inserted the
30words “, or officers, assets and liabilities in relation to cultural services”.
(6)
In section 24 (Isles of Scilly), in subsection (1) after the word “libraries” there
shall be inserted the words “and cultural services”.
(7) In section 25 (Interpretation), after “In this Act—” insert—
-
““assets and liabilities in relation to cultural services” means
35property held by a local authority solely or mainly for the
purposes of any functions exercisable by it in relation to cultural
services and rights and liabilities to which the authority is
entitled or subject by reason of the exercise of such functions;”.
2 Financial provisions
40There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by a Minister of the
Crown or a government department, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
Public Libraries and Museums Act 1964 (Amendment) BillPage 3
3 Short title, commencement and extent
(1)
This Act may be cited as the Public Libraries and Museums Act 1964
(Amendment) Act 2011.
(2) This Act comes into force on the day on which it is passed.
(3) 5This Act extends to England and Wales only.