Law Library Act 1994

Link to law: http://laws.gov.ag/acts/1994/a1994-7.pdf

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No. 7 of 1994. The Law Library Act, 1994. 1 ANTIGUA
AND

BARBUDA

[ L.S. 1

J.B. Carlisle,
Governor-General.

1 lth August, 1994.

ANTIGUA AND BARBUDA

No. 7 of 1994.

AN ACT to provide for the establishment of a Law Library and
other purposes connected therewith.

[ 18th August, 1994 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows-

1. This Act may be cited as the Law Library Act, 1994. short title.

2. In this Act, unless the context otherwise requires- Interpretation.

"Board means the Board referred to in section 3 of this Act;

"Financial year" means the financial year of the Govern-
ment.

"Law Library" means the Library establishedunder section
3 of this Act;

"legal community" includes members of the judiciary,
attorneys in Government Service and in private practice
and students registered to pursue legal studies at recognised
institutions;

ANTIGUA 2 The Law Library Act, 1994. No. 7 of 1994.
AND

BARB WDA

"Minister" means the Minister responsible for Justice and
Legal Affairs;

"publication" includes a book, periodical, pamphlet, jour-
nal and any other library material.

Establishment of 3. There is hereby established for the benefit of the legal
Library. community a library to be known as the Law Library.

Board to govern 4. (1) For the purpose of goverrh~ the Library established
Library. under section 3 there shall be a Board to be known as the Law

Library Board.

(2) The Board shall be a corporate body with perpetual
succession and a common seal; and shall be capable of holding,
purchasing and otherwise acquiring and disposing of any prop-
erty.

Constitution of the 5. (1) The Board consists of the following persons-
Board

(a) the Attorney General or an attorney employed by the
government and nominated by him;

(b} the senior Puisne Judge or a Puisne Judge nominated
by the Governor-General

(c) the Financial Secretary or in his absence the deputy
Financial Secretary;

d the Law Librarian;

(e) one person nominated by ~ I C Bar Association;

Cf) one person nominated hy h e Chamkr of Com-
merce;

(2) The Minister shall appoint achairinan, who shall serve for
a period of three years and shall at the expiration of such term be
eligible for re-appointment.

(31 Members, other than members specified under subsection
3 ( J ) , (b}, (c ) and (d) shall sene fdr a term of hrez years and, at
the explratmn of such tenn, rnay be ellglble for renomination.

No. 7 of 1994. The Law Library Act, 1994. 3 ANTIGUA
AND

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6. The functions of the Board include- Functions of the
Board.

(a) the provision of library services in the discipline of
law to the legal community;

(b) the general administration, control and management
of the Law Library; and

(c) the appointment of theLaw Librarian and the staff of
the Law Library.

(d) the raising of funds and the investment of such funds
of the Board that are not immediately required for the
use of the Board.

7. The property of the Board comprises- Property of the
Board

(a) all the volumes, pamphlets, publications, documents
and property of all kinds whatsoever which prior to
the coming into force of th~s Act, is the property of
the Antigua Law Library established under the Law
Library Act (Cap. 178);

(b) any publication or document which forms part of any
material collected for the purposes of the Law Li-
brary;

(c) apublication or document which is acquired, whether
by donation or purchase for the purposes of the Law
Library; and

(d) any other property acquired by the Board for its
purposes.

8. (1) The Funds of the Board consist of -

(a) monies provlded by Parliament;

(6) fees and fines pait1 to the Board;

(c) cior~ations In cash made to the Board by a person or
body of person?. or other benefactor;

F u n k of the
Board.

d ) the annual '-,rhvript~i~nspadh\ ~nz~mher\of tlli.Laiv
Library;

ANTIGUA 4 The Law Library Act, 1994. No. 7 of 1994.
AND

BARBUDA

(e) monies collected by, or paid to, the Board in respect
of the use of the facilities of the Law Library by any
person; and

fl monies paid to the Board in respect of the sale or
disposal of any material of the Board not needed for
the purposes of the Law Library.

A U ~ I ~ and 9. (1) The records and books of account kept by the Law
Annual report. Librarian shall be audited not later than three months after the end

of the financial year by the Director of Audit or an auditor
appointed by him.

(2) The Board shall, at the end of every year submit annual
report together with the audited accounts of the Board prepared
under subsection (1) tc the Minister who shall lay the report and
the audited accounts before Parliament.

Meetings of the 10. (1) The Chairman shall presideat themeetingsof the Board
~ o a r d . and in the absence of the Chairman at ameeting of the Board, the

members present shall appoint one of their number present to
preside at that meeting

(2) Subject to subsection (3), no decision on any matter which, in
the opinion of the person presiding, is a matter of importance for
determination by the Board shall be taken by the Board unless -

(a) not less than three members of the Board are present
at the meeting; and

(b) the three members present vote in favour of the
matter for determination.

(3) Where not less than three members of the Board a g m in
writing on a matter of importance for determination by the Board no
meeting need be held in respect of that matter.

(4) Atdothermetingsofthe Board, the person presiding and two
other members of the Board form the quorum for the meeting.

(5) Where there is an equality of votes on a matter for determina-
tion before the Board at a meeting the person presiding shall have a
second or casting vote.

(6) The Law Librarian shall not vote at any meeting of the Board.

No. 7 of 1994. The Law Library Act, 1994. 5 ANTIGUA
AND

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(7) The Board shall, subject to this section, regulate its own
procedure at its meetings.

11. (1) There shall be a Law Librarian who shall be the Law Librarian.
secretary of the Board.

(2) The Law Librarian shall be the professional and technical
adviser to Ithe Board and, subject to the general direction of the
Board, be repxsible -

(a) fix the propbr administration and management of the
Law ~kbrtiry;

(b) for the preparation of the estimates of expenditure of
. the Board;

(c) for the preparation of the annual report on the
operations of the Board;

(d) for the proper keeping oi books of account and all
other records of the Board;

(e) for the acquisition, collection, purchase, organisation
and maintenance of publications;

U) for the development of research aids and services in
the law Library.

12. The Minister may, on the adviace of the Board, make Regulations.
Regulations for -

(a) the opening hours of the Law Library;

(b) the admission to membership of the Law Library of
amember of the Legal Community and of any other
person, the subscriptions payable for membership,
and the method of payment of the subscriptions;

(c) the purchase, preservation and the loan of publica-
tions;

/
(d) the maintenance of good order in the Law library;

(e) the charging and collection of fees for the use of the
facilities of the Law Library

ANTIGUA 6 The Law Library Act, 1994. No. 7 of 1994.
AND

BARBUDA

fl the payment of fines in respect of -

(i) the late return of publication borrowed from
the Law Library; or

(ii) the loss of, or damage to, a publication;

(g) the use of the Law Library by the legal community
and the general public use as a place for academic or
professional study and for research;

(h) sanctions for the infringe~ent by any person of a
provision of the Regulations; and

(i) better and effective administration of this Act.

Repeal 13. The Law Library Act (Cap. 178) is repealed.

Commencement. 14. The Act shall come into force on such day as the Minister
may, by order published in the Gazette, appoint.

Passed the House of Representatives Passed the Senate thisl2th day
this 28th day of June, 1994. of July, 1994.

S. C. Benjamin,
Deputy Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Acting Clerk to House of Representatives. Acting Clerk to the Senate.

Printed ai the Government Pnnting Office, Antigua and Barbuda,
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