Act No. 257 / 2001 Coll.
Law on Libraries and Conditions of Operation of Public Librarian and Information Services (Librarian Act)
Valid
Law
Effective from 01.01.2002
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257
THE LAW
of 29 June 2001
on libraries and conditions for the operation of public library and information services (library law)
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This law regulates the system of libraries providing public library and information services and the conditions for their operation.
(2) This law does not apply to libraries operated under trade authorisation.
Definition of basic terms
This law means:
(a) a library of a facility in which public library and information services as defined by this law are provided without distinction in a way which guarantees equal access to all, and which is recorded in the library records;
(b) a library document of an information source registered as a separate unit of the library fund;
(c) a library fund organised, continuously supplemented, processed, protected and stored by a set of library documents;
(d) inter-library services, a set of borrowing, information and reprogramming services which carry out libraries between themselves in order to make library documents available to their users, irrespective of their location of storage;
(e) a historical library fund consisting of library documents which arose until 1860 or have a historical value in the field for their uniqueness, or another library fund having a special historical and cultural value, provided that it has been so defined in the library's statute or other legislation;
(f) a conservation fund of a library fund consisting of library documents obtained by the library as a recipient of a compulsory copy under special legislation, 1)
(g) a specialised library fund consisting of library documents of a specific, generally sectoral focus;
(h) the regional functions of the functions of the Regional Library and the other libraries entrusted to it provide the basic libraries in the region primarily with advisory, educational and coordination services, the building of exchange funds and the lending of library documents and other necessary activities to assist the development of libraries and their public library and information services;
(i) a library operator, a natural or legal person providing public library and information services on his behalf in the library.
Library system
(1) The library system consists of:
a) National Library of the Czech Republic ("National Library"), Library and Printer for the Blind K. E. Macana, Moravian Regional Library in Brno, set up by the Ministry of Culture ("Ministry of Culture"),
(b) regional libraries established by the competent authority of the region;
(c) basic libraries established by the competent authority of the municipality;
(d) specialised libraries.
(2) Libraries referred to in paragraph 1 (c) and (d) may also be established by other bodies other than those referred to in paragraph 1.
Public library and information services
(1) The public library and information services consist of:
(a) making library documents available from the library fund or through interlibrary services from the library fund of another library,
(b) providing oral bibliographic, reference and factographic information and research;
(c) facilitating information from external information sources, in particular from government and self-government,
(d) to allow access to information on the Internet to which the library has free access.
(2) The public library and information services referred to in paragraph 1 must be provided free of charge by the library operator, except:
(a) making library documents available from the library fund which have the character of copies of audio or audio image recordings, 3)
(b) making library documents available from the library funds of other libraries by providing copies of them within the framework of interlibrary reprogramming services;
(c) making library documents available from library library funds within the framework of international interlibrary services.
(3) The library operator may provide other services consisting in particular:
(a) to allow access to paid information on the Internet;
(b) cultural, educational and educational activities;
(c) the publication of thematic publications;
(d) the provision of reprogramming services;
(e) provision of written bibliographic, reference and factographic information and research.
(4) The library operator shall be entitled to claim reimbursement of the costs actually incurred for the provision of library and information services referred to in points (a) to (c) of paragraph 2.
(5) The library operator shall be entitled to claim reimbursement of the costs incurred in administrative operations associated with the library users' registration.
(6) The library operator shall ensure equal access to all public library and information services and other services provided by the library.
(7) The library operator shall issue a library order setting out the details of the provision of library and information services.
Library records
(1) The Ministry shall keep a register of libraries, which is an accessible information system for the public.
(2) The application for registration in library registers (hereinafter referred to as "the proposal") is submitted by the library operator.
(3) The proposal contains:
(a) the name or business name of the operator, its identification number, registered office, subject matter and legal form, if the library operator is a legal person;
(b) the name, surname and date of birth of the operator, his identification number of the person, if any, and the place of permanent residence of the person, if the library operator is a natural person;
(c) the address, name and type of library (Sections 9 to 13) or its specialisation.
(4) The library rules are attached to the proposal.
(5) If the library operator is a legal person who is entered in a public list under a special legislation, 4) the operator is also obliged to include an extract from that public list, which may not be more than 60 days old. If the library operator is a contributory organisation, 5) or if the State or the local self-governing body of the library operates through its organisational component, the operator shall be obliged to attach to the application the instrument of incorporation or, where applicable, the status of the contributor organisation or the organisational component.
(6) If the proposal is not complete, the Ministry shall invite the operator to complete the proposal within 15 days of the date of receipt of the request and inform it that, if this deadline is not respected, the Ministry shall postpone the proposal.
(1) If the establishment provides equal access to all public library and information services as defined by this Act, the Ministry will enter them in the library register. The certificate of registration shall be issued by the Ministry to its operator within 15 days of the date of receipt of the complete application.
(2) If the establishment does not provide equal access to all public library and information services as defined by this law, the Ministry will reject the proposal.
(1) The library operator shall notify the Ministry in writing of any change to the data recorded in the library register no later than 30 days after the date of the change.
(2) The Ministry shall amend the registration of libraries within 30 days of receipt of the notification and issue the certificate within 30 days of receipt of the notification.
(1) The Ministry shall, on its own initiative or at any other initiative, revoke the registration in the library register if the library no longer fulfils the library features referred to in Article 2 (a).
(2) By decision, the Ministry will also cancel registration in the library register following notification by the operator of the termination of the library operation.
(3) The decision referred to in paragraphs 1 and 2 shall specify the date on which the registration of libraries shall be cancelled.
Library types
National Library
(1) The National Library is a library with a universal library fund supplemented by specialized funds. The National Library keeps a conservation fund and a historical fund permanently.
(2) The National Library is the centre of the library system. In the library system, it shall carry out coordination, expertise, information, education, analytical, research, standardisation, methodological and advisory activities, in particular:
a) in the form of a comprehensive catalogue, it processes the register of library documents in library funds of libraries in the Czech Republic, which it makes available to libraries,
(b) process national bibliography and ensure coordination of the national bibliographic system;
(c) perform the function of national agency for international standard numbering of books and music;
d) Serves as National Centre for Interlibrary Services of the Czech Republic,
e) Serves as National Centre for the International Exchange of Official Publications, 6)
f) represents libraries of the library system when dealing with collective copyright administrators in respect of remuneration for the use of subject-matter under special legislation7) and makes payment of remuneration for their lending;
(g) ensure national coordination of regional functions and evaluate their implementation.
Library and printer for the blind K. E. Macana and Moravian Earth Library in Brno
(1) The library and printer for the blind is a library with a universal library fund; keeps the conservation fund and the historical fund permanently.
(2) The Moravian Regional Library in Brno is a library with a universal library fund, possibly supplemented by specialized funds; keeps the conservation fund and the historical fund permanently. It functions as a regional library in the South Moravian Region.
Regional Library
(1) The Regional Library is a library with a universal library fund, possibly supplemented by specialized funds. The Regional Library keeps a conservation fund and a historical fund permanently.
(2) The Regional Library is part of a system of libraries carrying out coordination, expertise, information, education, analytical, research, methodological and advisory activities, in which it also covers:
(a) cooperate with the National Library in the processing of national bibliography and in the processing of a comprehensive catalogue;
(b) process and make available regional information databases and ensure coordination of the regional bibliographic system;
(c) is the regional centre of interlibrary services,
d) cooperate with libraries in the region in introducing new technologies in the field of providing public library and information services.
(3) The Regional Library performs and coordinates the performance of regional functions of selected basic libraries in the region. The contract for transferring regional functions to selected basic libraries shall be in writing. The implementation of regional functions and its coordination shall be provided by the county through the funds of its budget.
(4) If the regional library at its place of residence and the function of the basic library, the municipality is involved in ensuring this function.
Basic Library
(1) The basic library is a library with a universal library fund or a specialized library fund.
(2) The basic library is part of a system of libraries performing information, cultural and educational activities.
Specialized Library
(1) The specialized library is a library with a specialized library fund.
(2) The dedicated library is part of a system of libraries carrying out coordination, expertise, information, education, analytical, research, methodological and advisory activities in particular:
(a) cooperate with the National Library in the processing of national bibliography and in the processing of a comprehensive catalogue;
(b) process and make available thematic and sectoral bibliography and databases;
c) in cooperation with the National Library, serves as a centre of interlibrary services in the field of its specialisation;
d) cooperate with libraries in the field of its specialisation in introducing new technologies in the field of providing public library and information services.
Interlibrary services
(1) If there is not a library document in the library library fund that the user has requested to be made available, the operator of that library (the "requesting library ') shall be obliged to request the operator of another library to arrange or provide information on the library document (the" requested library') within the framework of the inter-library services.
(2) The requested library is required to provide the requesting library with a library document from its library fund to its users by lending or providing a copy of the requested library document, or by providing it with information where the requested library document is located.
(3) If a request for the mediation of a library document is handled by borrowing it, the requesting library shall return the borrowed library document to the requested library within the agreed time limit and the corresponding condition. During the borrowing of the library document, it shall be liable for damage or loss.
(4) The library is obliged to provide inter-library borrowing and information services free of charge. In order to provide a copy of the library document within the framework of the inter-library reprographical services, the requested library may require reimbursement of the costs incurred. Library operators may require payment of the transport costs of the library document.
(5) The library operator shall keep a register of the interlibrary services provided by him.
(6) The formalities for requesting the mediation of a library document are laid down in implementing legislation. The implementing legislation shall determine which library operators are required to transmit requests for the brokering of a library document within the framework of an interlibrary service to foreign libraries, or provide the library operator participating in an international interlibrary service with methodological assistance.
Support for libraries
(1) Library operators may be provided with funds from the State Budget, the State Financial Assets or the National Fund under the Special Law 8)
(a) projects of science and research;
(b) the implementation of new technologies in the field of the provision of public library and information services;
(c) promoting the interconnection of libraries in the network;
(d) the processing and making available of information sources in electronic form;
(e) supplementing the library fund;
(f) protection of the library fund against adverse environmental effects;
(g) making library funds available to citizens with disabilities;
(h) cultural, educational and educational projects;
(i) ensuring the performance of regional functions;
(j) ensuring the continuing training of library staff;
(k) building or reconstruction of the library object;
(l) equipment of the library building by safety and fire protection systems.
(2) The Ministry shall seek the opinion of the Central Librarian Council set up by the Ministry, its statutes and its Rules of Procedure to determine the priority areas for granting subsidies.
(3) The Government of the Republic of Moldova, by means of a regulation, shall lay down the rules on the granting of the subsidies referred to in paragraph 1, in particular under which conditions, the extent to which and the time limits within which the grants are granted.
Registration and revision of the library fund
(1) The library operator must keep records of the library fund. The records of the library fund must enable the individual records to be checked and guarantee their unmistakability.
(2) In order to verify the compliance of the records of individual library documents with the actual status, the library operator is obliged to review the library fund,
(a) once every 5 years, if its library fund does not exceed 100 000 library documents,
(b) every 10 years if its library fund exceeds 100 000 library documents and does not exceed 200 000 library documents;
(c) once every 15 years, if its library fund exceeds 200 000 library documents and does not exceed 1 000 000 library documents.
(3) If the library fund exceeds 1 000 000 library documents and does not exceed 3 000 000 library documents, the library operator is obliged to review it gradually by revising part of the library fund every year to at least 5% of the total number of library documents in the library fund.
(4) If the library fund exceeds 3 000 000 library documents, the library operator is obliged to revise it to the extent specified by the revision plan approved by the library founder, at least 200 000 library documents per year.
(5) The library operator is obliged to arrange for a record of the outcome of the revision of the library fund.
(6) The procedure for the revision of the library fund under this Act is not subject to specific legislation. 9)
(7) Detailed provisions on the keeping of records of the library fund and the details of the registration of the outcome of the revision of the library fund are laid down in the implementing legislation.
Disabling library documents
(1) Only library funds can be excluded
(a) library documents which do not correspond to the focus of the library fund and its tasks;
(b) multiplicates of library documents,
(c) library documents worn, incomplete or damaged in such a way as to cease to be an information source.
(2) Library documents from the conservation fund and the historical fund can only be excluded with the consent of the Ministry.
(3) The library operator is obliged to offer to buy library documents disabled by
(a) points (a) and (b) of paragraph 1 to operators of another library of the same kind and, if rejected by such an operator, to operators of a library which is part of a school, 10)
(b) paragraph 2 of the National Library.
If they have not been purchased in such a way, the operator shall offer disabled library documents to another interested party. If not purchased in this way, it may donate or dispose of them.
(4) Paragraphs 1 to 3 shall not apply to the elimination of library documents protected under specific legislation. 11)
(5) In the event of library disruption, the operator shall be obliged to follow paragraphs 2 to 4.
Protection of the library fund
The library operator must ensure
(a) the location of the library fund under conditions appropriate for the provision of public library and information services;
(b) protection of the library fund from alienation and damage, in particular to protect it from adverse environmental effects;
(c) the restoration of library documents or their transfer to another type of medium, if necessary for their permanent preservation.
Measures to remedy
If the Ministry finds that the library operator has infringed an obligation under § 7 (1), § 14 (5), § 16 (1) to (4) or one of the obligations under § 18, it shall require the library operator to remedy the deficiencies identified and shall set a reasonable time limit for them to do so.
Transfers
(1) The library operator commits an offence by:
(a) infringes the obligation under Article 14 (2) or (3);
(b) fail to comply with the procedure for disabling library documents pursuant to Article 17 (2) or (3);
(c) infringes the obligation under Article 17 (5); or
(d) does not remedy the deficiencies found within the time limit laid down in Article 19.
(2) A fine may be imposed for an offence
(a) between CZK 5,000 and CZK 200,000, if it is an offence referred to in paragraph 1 (d), or
(b) from 25 000 CZK to 500 000 CZK, if it is an offence under paragraph 1 (a) to (c).
(3) The transfers under this law are discussed by the Ministry.
Authorisation provisions
The Ministry will issue a decree implementing Sections 14 and 16.
Common, transitional and final provisions
Decisions and certification under this Act shall be subject to the administrative rules, unless otherwise provided for in this Law.
(1) Libraries providing public library and information services with equal access to all such services at the date of entry into force of this Act shall be regarded as libraries under this Act for a maximum period of 12 months from the date of entry into force of this Act.
(2) Libraries which do not comply with the obligation laid down in § 4 (1) (d) may be entered in the register of libraries referred to in § 5. If the library fails to fulfil that obligation by 31 December 2007 at the latest, the Ministry shall cancel its registration in the library register.
Repeal
Act No. 53 / 1959 Coll., on the Single System of Libraries (Library Act) is hereby repealed.
Efficacy
This Act shall take effect on 1 January 2002.
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Regulation Information
| Citation | Act No. 257 / 2001 Coll., on Libraries and Conditions of Operation of Public Library and Information Services (Library Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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