An Act of the Scottish Parliament to make further provision about the name, functions and governance of the National Library of Scotland; and for connected purposes.
(1)The body corporate known as The Trustees of the National Library of Scotland, established by section 1(1) of the 1925 Act, continues in existence and is renamed the National Library of Scotland or Leabharlann Nàiseanta na h-Alba (“NLS”).
(2)Schedule 1, which makes further provision about NLS, has effect.
(1)NLS has the general function of managing the library established by section 1(1) of the 1925 Act as a national resource for reference, study, research and bibliography, having particular regard to Scotland.
(d)promoting collaboration and the sharing of good practice with and between other persons providing library and information services, and the adoption of good practice by those persons.
(d)contributing to understanding of Scotland's national culture.
provide the Scottish Ministers with advice, information and assistance on any matter relating to NLS's functions.
(5)Any advice, information or assistance under subsection (4)(a) must be provided in such manner as the Scottish Ministers may determine.
any object which it considers it is desirable to add to its collections.
(2)The powers in subsection (1) are in addition to any other powers or means of acquisition or acceptance on deposit.
(e)in any other case, the Scottish Ministers agree to the disposal.
(4)Disposal under subsection (3) may be by sale, exchange, gift, return or destruction.
(b)section 2 of the Holocaust (Return of Cultural Objects) Act 2009 (c.16).
(6)The power in subsection (3) does not apply in relation to an object which is relevant material within the meaning of section 7 of the 2003 Act.
(b)in the circumstances mentioned in subsection (3)(c) or (d).
(1)NLS may borrow or accept loans of objects for the purposes of exhibition, study or research.
(2)NLS may lend any object from its collections.
(e)any risk to which the object is likely to be exposed and the extent to which that risk can be mitigated or indemnified.
(4)The powers in subsections (1) and (2) are in addition to any other powers of borrowing, accepting loans or lending.
(5)The power in subsection (2) does not apply in relation to an object which is relevant material within the meaning of section 7 of the 2003 Act.
(b)where, despite taking all reasonable steps, NLS is unable to ascertain the name and contact details of any person having that right.
(b)when accepted by the Faculty, become the property of the Faculty.
(2)NLS must include in a request under section 5 of the 2003 Act such legal publications as the Faculty may require it to include.
(3)Subsection (1) does not apply to legal publications which are on line electronic publications.
(4)Copies of legal publications which are on line electronic publications are to be made available by NLS to the Faculty.
is to be resolved by agreement between NLS and the Faculty or, if they cannot agree, by arbitration.
(f)how legal publications which are on line electronic publications are to be made available by NLS to the Faculty.
(2)Arrangements under subsection (1) may contain provision about charging.
(3)Any question as to what are law books, legal manuscripts and papers, pictures or articles of furniture belonging to the Faculty for the purposes of section 3(1) of the 1925 Act is to continue to be determined by the Keeper of the Advocates' Library despite the repeal of that section by section 10(5) and schedule 3.
(1)The Scottish Ministers may make grants to NLS.
(2)In addition to any grants made under subsection (1), the Scottish Ministers may make grants to NLS for particular purposes.
(3)A grant under subsection (1) or (2) is subject to such terms and conditions (including conditions as to repayment) as the Scottish Ministers may determine.
(b)where it appears to be conducive to the exercise of its functions.
(5)A grant or loan under subsection (4) is subject to such terms and conditions (including conditions as to repayment) as NLS may determine.
(1)The Scottish Ministers may give NLS directions (of a general or specific nature) as to the exercise of its functions.
(b)NLS's functions under or by virtue of the 2003 Act.
(b)have regard to any guidance issued by the Scottish Ministers in relation to the exercise of its functions.
(4)A direction under this section is to be given in writing.
(5)The Scottish Ministers may vary or revoke any direction given under this section.
“on line electronic publication” has the same meaning as in section 14 of the 2003 Act.
(1)Schedule 2, which contains modifications of enactments, has effect.
(2)The Scottish Ministers may by order make such incidental or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
(3)An order under subsection (2) may modify any enactment (including this Act).
(4)An order under subsection (2) which adds to, replaces or omits any part of the text of an Act is subject to the affirmative procedure.
(5)The enactments mentioned in the first column of schedule 3 are repealed to the extent specified in the second column of that schedule.
Orders under this Act (except orders referred to in section 10(4) and orders under section 12(3)) are subject to the negative procedure.
(1)Sections 11 and 13 and this section come into force on the day after Royal Assent.
(2)Paragraph 1 of schedule 2 (and section 10(1) in so far as it introduces that paragraph) come into force at the end of the period of 2 months beginning with the day of Royal Assent.
(3)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.
(4)An order under subsection (3) may include transitional, transitory or saving provision.
The short title of this Act is the National Library of Scotland Act 2012.
(b)does not enjoy any status or immunity of the Crown.
(3)NLS's property is not property of, or property held on behalf of, the Crown.
(4)NLS's members and employees are not to be regarded as civil servants.
(b)no fewer than 8 and no more than 13 other members appointed by the Scottish Ministers.
(2)One of the members is to be selected from persons nominated by the Dean of the Faculty (who may include the Dean).
(3)The Scottish Ministers may by order amend sub-paragraph (1)(b) so as to substitute a different number for the minimum or maximum number of members for the time being specified there.
(4)A person who, immediately before this sub-paragraph comes into force, is a member of The Trustees of the National Library of Scotland ceases to be such a member on the date this sub-paragraph comes into force.
(5)A member holds and vacates office in accordance with terms and conditions determined by the Scottish Ministers.
(6)A member may resign office by giving notice in writing to the Scottish Ministers.
(7)The Scottish Ministers may reappoint as a member a person who has ceased to be a member.
(c)a member of the European Parliament.
(c)the member is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.
(d)the member is adjudged bankrupt.
as the Scottish Ministers may determine.
(2)The chief executive may not be a member of NLS.
(3)The first chief executive is to be the person who, immediately before this paragraph comes into force, is the librarian appointed under section 2(f) of the 1925 Act.
(4)That person is employed as chief executive on the same terms and conditions as apply to the appointment of that person as the librarian.
(5)Each subsequent chief executive is, with the approval of the Scottish Ministers, to be appointed on terms and conditions determined by NLS and approved by the Scottish Ministers.
(6)NLS may employ any other staff necessary for the carrying out of NLS's functions.
(7)Those staff are to be employed on terms and conditions determined by NLS and approved by the Scottish Ministers.
such pensions, allowances or gratuities to or in respect of any person who is or has ceased to be an employee, as NLS may determine.
(9)The reference in sub-paragraph (8) to pensions, allowances and gratuities includes a reference to pensions, allowances and gratuities by way of compensation for loss of office.
(2)NLS is to determine the composition of its committees.
(3)NLS may appoint persons who are not members of NLS to be members of a committee, but those persons are not entitled to vote at meetings of the committee.
(4)A committee is to comply with any directions given to it by NLS.
(c)the Dean of the Faculty or a person authorised by the Dean of the Faculty.
(3)The persons mentioned in sub-paragraph (2) are not entitled to vote at such meetings.
to exercise such of its functions (and to such extent) as it may determine.
(b)the approval of any budget or other financial plan.
(3)Sub-paragraph (1) does not affect the responsibility of NLS for the exercise of its functions.
(c)the disqualification of a person as a member after appointment.
(b)to be conducive to the exercise of its functions.
(n)make other charges in connection with the exercise of its functions (including charges for the provision of goods and services).
(3)For the purposes of sub-paragraph (2)(g), a trust is a charitable trust if all its purposes are within section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).
(c)send a copy of the statement to the Scottish Ministers.
(2)NLS must comply with any directions which the Scottish Ministers give it in relation to the matters mentioned in sub-paragraph (1).
(3)NLS must send the statement of accounts to the Auditor General for Scotland for auditing.
(b)to include a copy of the statement of accounts for that year audited by the Auditor General for Scotland.
(b)publish the report.
(3)The Scottish Ministers must lay a copy of the report before the Scottish Parliament.
(4)NLS may publish such other reports and information on matters relevant to its functions as it considers appropriate.
1Until its repeal by section 10(5) and schedule 3, paragraph 2 of the Schedule to the 1925 Act has effect as if for the words from “pleasure,” to “Board”, in the second place where it appears, there were substituted “ pleasure. The Scottish Ministers are to appoint a person as chairman of the Board ”.
(b)the words from “, and the” to the end are repealed.
(ii)for “The Board of Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ”.
4In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), for the entry relating to The Trustees of the National Library of Scotland substitute “ The National Library of Scotland ”.
5In the Scottish Public Services Ombudsman Act 2002, in paragraph 30 of Part 2 of schedule 2 (listed authorities), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ”.
6In the Freedom of Information (Scotland) Act 2002, in paragraph 105 of Part 7 of schedule 1 (Scottish public authorities), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ”.
(ii)paragraph (a) is repealed.
(b)in section 2(5) (power to return victims' property), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ”.
(b)in schedule 8 (information on exercise of public functions: listed public bodies), for “The Trustees of the National Library of Scotland” substitute “ The National Library of Scotland ”.
10In the schedule to the Public Records (Scotland) Act 2011, for “Trustees of the National Library of Scotland” substitute “ National Library of Scotland ”.
National Library of Scotland Act 1925 (c.73) The whole Act.
National Heritage (Scotland) Act 1985 (c.16) Section 18.
Public Finance and Accountability (Scotland) Act 2000 (asp 1) In schedule 4, paragraph 2.
Legal Deposit Libraries Act 2003 (c. 28) Section 15(2) to (5).
