Bermuda Library Act 1946

[4 November 1946]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires—

"the Bermuda National Library" means the library established and maintained in Bermuda since the year 1839 under the name "the Bermuda Library", and any extension or branch of that library subsequently established and being maintained;

"Bermuda National Library premises" includes any land, building or vehicle from time to time in the occupation or possession of the Minister for the purposes of the Bermuda National Library;

"the Department" means the Libraries Department established under section 5;

"the Head Librarian" means the person appointed to be Head Li brarian of the Bermuda National Library;

"the Minister" means the Minister for the time being responsible for Archives.

[Section 1 amended by 1996 : 9 effective by notice in Official Gazette]

Library to be under general control of Minister

2 The Bermuda National Library shall be under the general control and management of the Minister.

[Section 2 amended by 1996:9 effective by notice in Official Gazette]

Bermuda National Library Committee to be appointed annually

3 (1) The Governor shall by notice in the Gazette appoint annu ally a committee to be called the Bermuda National Library Committee which shall consist of such number of persons being not less than five nor more than eight as the Governor may determine:

(1A) Two of the members of the Committee shall be persons se lected by the Corporation, but so that the selection by the Corporation for that purpose of any person who is not a member of the Corporation shall be subject to the approval of that person by the Minister.

[Note: the preamble to 1988:2 reads "Whereas it is expedient to make fresh provision for the representation of the Corporation of Hamilton on the Bermuda National Library Committee:"]

(2) Any person appointed to be a member of the Bermuda National Library Committee shall hold office during the Governor's pleasure and unless his appointment is earlier terminated it shall be deemed to termi nate one year from the date upon which such appointment took effect.

(3) There shall be a Chairman and a Deputy Chairman of the Bermuda National Library Committee each of whom shall be appointed by the Governor from among the members of the Bermuda National Library Committee and each of whom shall hold office as such during the Governor's plea sure:

Provided that the Bermuda National Library Committee shall be

deemed to be properly constituted notwithstanding that there is a vacancy in the office of Chairman or Deputy Chairman or of any member.

(4) At any meeting of the Bermuda National Library Committee the Minister may preside over the meeting if, acting in his discretion, he de cides to do so but unless the Minister so decides the meeting shall be presided over by—

(a) the Chairman; or

(b) in the absence of the Chairman, the Deputy Chairman;

(c) in the absence of both the Chairman and the Deputy Chairman, such member of the Bermuda National Library Com mittee as the members present elect to act as Chairman at that meeting.

(5) Every question or matter to be determined by the Bermuda National Library Committee at any meeting shall be decided by a majority of the votes of the members present and voting on the question or matter:

Provided that in the event of an equal division of votes the per son presiding at the meeting may, if he thinks fit, give a second or cast ing vote.

(6) Fees shall be paid to members of the Bermuda National Library Committee in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

[Section 3 amended by 1996:9 effective by notice in Official Gazette]

Minister may consult Committee

4 In the exercise of his powers and duties under this Act and any other enactment which relates to the Bermuda National Library the Minister may consult with or take the advice of the Bermuda National Library Committee from time to time as he shall think fit, but notwithstanding that the Minister has consulted or taken the advice of the Bermuda National Library Committee on any matter, he may act in his discretion on such matter.

[Section 4 amended by 1996:9 effective effective by notice in Official Gazette]

Libraries Department established

5 (1) There shall be established a Department of Government which shall be known as the Libraries Department and which shall be charged with the duty of assisting the Minister in the discharge of his re sponsibilities under this Act and any other enactment which relates to the Bermuda National Library.

(2) The Department shall, subject to the general direction and control of the Minister, be under the supervision of a public officer who shall be known as the Head Librarian of the Bermuda National Library and shall consist of such other public officers as may from time to time be autho rized by the Governor.

[Section 5 amended by 1996:9 effective by notice in Official Gazette; and by 1998 : 20 effective 18 June 1998]

Minister may make regulations

6 (1) Without prejudice to the generality of section 2, the Minister shall have the following powers:

(a) [deleted by 1974:40]

(b) to make, amend and revoke from time to time regula tions—

(i) for the good government, management, ar rangement and preservation of the Bermuda National Library;

(ii) for the temporary loan or use of books, periodi cals, films, photographs and sound recordings;

(iii) [deleted by 1990:38 effective 15 June 1990]

(iv) for the management, control and preservation of the Bermuda National Library premises;

(v) for prohibiting or regulating the use or parking of vehicles within the said premises;

(vi) for imposing restrictions on the entry of persons into the said premises, and for securing the re moval of persons who have not complied with any such restriction;

(vii) for regulating the conduct of persons who are within the said premises;

(viii) for prescribing fines and penalties not exceeding $100 for a single breach of any regulation or $5.00 a day for any continuing breach of any

regulation.

(ix) [deleted by 1974:40]

(2) Any proceedings under any such regulations shall be taken before a court of summary jurisdiction.

(3) The affirmative resolution procedure shall apply to regula tions made under this section.

[Section 6 amended by 1990:38 effective 15 June 1990; and by 1996:9 effective by notice in Official Gazette]

Minister may receive funds and gifts for the Library

7 (1) The Minister shall have power to receive all funds or gifts in kind given or bequeathed to him or to the Bermuda National Library Trustees or to the Bermuda National Library, or to the Government of Bermuda for the purposes of the Bermuda National Library, or given or bequeathed by words showing an intention that the funds or gifts should enure to or for the benefit of the Bermuda National Library; and, subject to this section, the Minister shall ap ply all such funds or gifts or if (as hereinafter mentioned) such funds are invested the income derived therefrom, to furthering the purposes of the Bermuda National Library in such manner as he may think fit:

Provided that the power conferred by this subsection shall not be exercised in any manner inconsistent with any condition or direction im posed or given by the donor or testator with respect to any such fund or gift.

(2) Notwithstanding anything in the Trustee Act 1975 [title 26 item 51], with respect to funds received by the Minister by way of gift or bequest for the purposes of the Bermuda National Library—

(a) the Minister may invest liquid funds in any investment from time to time approved by the Governor for the pur pose, and shall so invest any such funds that are given or bequeathed for the endowment of the Bermuda National Library;

(b) the Minister may realize any funds that are in a state of investment:

Provided that any funds so realized that are funds given or bequeathed for the endowment of the Bermuda National Library shall, as soon as may be practicable or expedient, be reinvested by the Minister; and

[Section 7 amended by 1996:9 effective by notice in Official Gazette]

Summary Offences Act 1926; certain sections to apply to acts done within Library premises

8 (1) The provisions of the Summary Offences Act 1926 [title 8 item 33], specified in subsection (2), shall have effect in relation to acts done by any person within the Bermuda National Library premises as though such acts were done by a person in a public place within the meaning of the Summary Offences Act 1926 or, as the case may be, in a highway within the meaning of that Act.

(2) For the purposes of subsection (1) the following provisions of the Summary Offences Act 1926 [title 8 item 33], are hereby specified—

(a) paragraph (g) and paragraph (k) of section 2 ;

(b) section 8;

(d) section 11;

(e) section 13;

(f) section 17; and

(g) section 18.

[Section 8 amended by 1996:9 effective by notice in Official Gazette]

Subscriptions and fees

9 Subscriptions and fees to be paid for or in connection with the use of the Bermuda National Library shall be such as may be prescribed by regulations under the Government Fees Act 1965 [title 15 item 18].

[section 9 added by 1990:38 effective 15 June 1990; and amended by 1996:9 effective by notice in Official Gazette]

Bermuda Consolidated Legislation

Bermuda Library Act 1946