Key Benefits:
ACT
of 27 June 1997
o libraries
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act lays down general rules for the operation of libraries
Article 2. [ Application of the provisions of another law] In the area of unregulated libraries, provision shall be made for the organisation and operation of cultural activities.
Article 3. [ Right of use of libraries] 1. The libraries and their collections constitute national interests and serve to preserve national heritage. The libraries organize and provide access to resources of the achievements of Polish and world science and culture.
2. The right of use of libraries shall be universal, on the basis of the principles specified in the Act.
Article 4. [ Library Tasks] 1. Basic library tasks include:
1) collection, development, storage and protection of library materials;
2) handling of users, first of all sharing the collections and carrying out information activities, especially informing about the collections of own, other libraries, museums and centres of scientific information, as well as interacting with the archives in this range.
2. In addition, library tasks may include conducting bibliographic, documentary, scientific-research, publishing, educational, popularizing and instructional-methodological activities.
Article 5. [ Library materials] The library materials are, in particular, documents containing the perpetuated expression of the human thought, intended for distribution, irrespective of the physical media and the way of recording the content, and especially: graphic documents (pictorial, cartographic, iconographic and musical), sound, visual, audio-visual and electronic.
Article 6. [ National Library Resource] 1. Library collections of exceptional value and importance for national heritage constitute, in whole or in part, a national library resource.
2. The National Library Resource is subject to special protection.
2a. The Minister for Culture and the Protection of National Heritage shall act on the National Affairs Council of the Library Resource. The Council, as an opinion and advisory body on the national affairs of the library resource, should, in particular, be:
1) the opinion of the proposals of the organizers of libraries to include their collections into the national library resource and to present the Ministers of proposals for the approval of these applications;
2) the opinion of the system of information about the national library resource;
3) develop and adopt job plans for the national library resource.
2b. The National Council for the National Affairs of the Library Resource counts 10 members. The Minister for Culture and Protection of the National Heritage shall be appointed for a period of 4 years as part of the Council:
1) one representative: minister competent for education, minister competent for science, minister competent for culture and protection of national heritage, the Supreme Director of State Archives, National Library, Library Jagiellońska, Library of the National Works. Ossoliński, the Polish Academy of Sciences and the National Library Council;
2) Director of the National Library as President of the Council.
2c. The detailed mode of operation of the Council for National Affairs of the Library Resource sets out the rules of procedure, by order, by the minister competent for culture and the protection of national heritage.
3. The Minister for Culture and National Heritage shall determine, by means of a regulation, the criteria for the collection of the files into the national library resource, as well as the list of libraries which have the collections included in the national resource libraries, will determine the organisation of this resource and the principles and scope of its specific protection, taking into account the historical nature of the collections and the educational nature of the libraries included in the list.
Chapter 2
National Library Council
Article 7. [ National Library Council] 1. The National Library Council, hereinafter referred to as the 'Council', shall act on the Minister for Culture and the Protection of National Heritage.
2. The tasks of the Council shall be in particular:
1) the opinion of legal acts concerning libraries;
2) to coordinate nationwide library ventures;
3) stimulating the development of the most important directions of Polish librarianship;
4) give an opinion on the actions and initiatives relevant to the development of libraries;
5) periodic evaluation of the activity of libraries and the effectiveness of library policy;
6) presenting opinions on the connection of a library with a cultural institution which is not a library.
3. The members of the Council are appointed: Director of the National Library, Director of the Jagiellonian Library, four representatives of public libraries indicated by the Minister responsible for culture and protection of national heritage, four representatives school, pedagogical and scientific libraries indicated by the Minister responsible for education and education, two representatives of scientific circles identified by the Minister responsible for science and the three representatives of the environment librarian and creative.
4. Members of the Council shall appoint a minister competent for culture and for the protection of national heritage for a period of five years.
(5) The Council shall elect the President of the Council from its graves.
6. The Minister for Culture and Protection of the National Heritage may revoke a member of the Council before the expiry of the period referred to in paragraph. 4 if it does not participate in the work of the Council.
(7) The Minister for Culture and National Heritage shall define, by means of a regulation, the organisation and operation of the Council, taking into account the manner in which the President of the Council is to be appointed and the administrative support to be exercised.
Chapter 3
Organization of libraries
Article 8. [ Library Organizers] 1. The libraries shall be organized and carried out by entities hereinafter referred to as "organisers".
2. Library organizers are:
1) Ministers and managers of central offices;
2) the units of local government.
3. Library organizers may also be:
1) natural persons;
2. legal persons;
3) organizational units without legal personality.
Article 9. [ Obligations of library organizers] 1. The Organizer shall ensure the conditions of activity and development of the library, corresponding to its tasks.
2. The Organizer shall ensure in particular:
1) premises;
2. measures for:
(a) equipment,
(b) carrying out library activities, in particular the purchase of library materials,
(c) professional improvement of workers.
Article 10. [ Library as an organization unit] A library can either be a stand-alone business unit or be part of another unit.
Article 11. [ Record Creation Act] 1. The library constituting the independent organizational unit shall act on the basis of the act on the creation of the library and the statutes given by the organizer.
2. The act of creating a library shall specify:
1) the name, head office, area and scope of operation of the library;
2. sources of funding.
3. The statutes shall specify in particular:
1) the objectives and tasks of the library;
2) the organs of the library and its organization, including the scope of operation and the location of the branch and branches;
3) the name of the entity exercising substantive supervision over the activity of the library-in relation to the library which is part of the nationwide library network;
4) the sources of financing the library's activities.
4. (repealed).
Article 12. [ Library Regulations] The tasks, organization, and detailed scope of the activity of a library that is included in another organization unit specifies the rules of procedure that the manager of this unit is given.
Article 13. [ Connection, division or liquidation of libraries] 1. The organizer can make a connection, division or liquidation of the library.
2. The Organizer shall be required 6 months before the date of issue of the Act on the merger, division or liquidation of the Library give to the public the information of his/her intention along with the justification. This obligation also applies to the amendment of the Statute of the Library in respect of the scope and location of the branch and branch offices.
3. (repealed).
4. The merger, division or liquidation of a library forming part of a nationwide library network shall be made after consultation by the organizer of the opinion of the entity exercising the substantive supervision over the activity of the library. This provision shall apply mutatis mutandis to library branches.
5. The provisions of the paragraph. 2-4 does not apply to libraries that are part of another business unit.
6. The provisions of the paragraph. 1-4 does not apply to school and pedagogical libraries.
7. Public libraries may be, subject to art. 19, combined with other cultural institutions, if the merger does not prejudice the performance of the existing tasks.
8. The connection referred to in paragraph. 7, requires the consultation of the Council and the competent provincial public library and the consent of the Minister of the competent for culture and the protection of national heritage.
Article 14. [ Library Charges] 1. Services of libraries, the organizers of which are the entities referred to in art. 8 ust. 2, are generally available and free of charge, subject to the paragraph. 2.
2. Fees may be charged:
1) for information services, bibliographic, reprographic and interlibrary borrowing;
2. for the loan of audiovisual materials;
3) in the form of a deposit for borrowed library materials;
4) for not returning at the time of borrowed library materials;
5) for damage, destruction or failure to return library materials.
3. The amount of the fees referred to in paragraph. Article 2 (1) and (2) shall not exceed the cost of the service.
4. The rules and conditions of use of the library shall be determined by the Rules of Procedure of its Director (manager).
Article 15. [ Library Board] The library may be operated by a library council or other advisory body and an opinion on the principles set out in the statutes.
Chapter 4
National Library
Article 16. [ Scope of Action of the National Library] 1. The National Library is the central library of the state.
2. The National Library has legal personality.
3. Supervision of the National Library shall be exercised by the Minister for Culture and National Heritage.
4. The detailed scope of operation of the National Library and its bodies determines the statute given by the minister competent for culture and protection of national heritage.
Article 17. [ Tasks of the National Library] 1. The tasks of the National Library are to carry out library, bibliographic, scientific, information, conservation, guidance, publishing, exhibition and service activities, and in particular:
1) collection, development, making available and perpetual archiving of library materials created in Poland and abroad and concerning Poland;
2) developing and publishing national bibliography;
3) conducting research in the scope of library studies, teaching about the book and related fields of knowledge;
4) perfecting the substantive activity of libraries in the country and helping Polish libraries abroad;
5) conducting centres of standardized number of publishing houses and continuous publishing houses.
2. The National Library conducts methodical and unification activities in the scope of librarians, bibliographies, applications of modern library technologies and the preservation of library materials.
3. At the National Library works, on the principles laid down in its statute, the Scientific Council, the members of which appoints and dismiss the Minister for Culture and Conservation of the National Heritage, at the request of the Director of the National Library.
Chapter 5
Public libraries
Article 18. [ Public Library Objectives] 1. Public libraries shall serve to meet the educational, cultural and information needs of the general public, and shall participate in the dissemination of knowledge and culture.
2. The public libraries are the National Library and the library of local government units.
3. The public library may constitute an independent institution of culture or enter into the composition of another institution of culture, including the resulting connection, referred to in art. 13 (1) 7.
4. The organization and detailed scope of operation of the public library of another cultural institution shall be determined by the organizer in the statutes of this cultural institution.
Article 19. [ Organization of public libraries] 1. Public libraries are organized in such a way as to provide residents with convenient access to library materials and information.
2. The municipality organises and conducts at least one municipal public library, together with the appropriate number of branches and branches and library points.
3. The district organizes and conducts at least one public library. The tasks of the district public library may perform, on the basis of an agreement, a voivodship or a municipal public library operating and having its registered office in the area of the district.
4. The self-government of the voivodship organizes and operates at least one voivodship of the public library.
5. Local self-government libraries may contain, with the consent of the organizer, agreements with other libraries and institutions on the joint conduct of library maintenance of specific areas and environments.
Article 20. [ Provincial Public Library Tasks] 1. To the tasks of the voivodship public library:
1) the collection, development and making available of library materials for the handling of information, educational and self-education needs, especially concerning the knowledge of its own region and documenting its cultural, scientific and scientific achievements economic;
2) the function of a library of library and bibliographic information, organizing the circulation of interlibrary loans, the development and publication of regional bibliographies, as well as other information materials of a regional nature;
3) examination of the state and degree of meeting the needs of users, analysing the condition, organization and distribution of libraries, and formulating and presenting to the organizers a proposal for changes in this regard;
4) providing information and training aid to libraries;
5) the exercise of the substantive supervision in the scope of implementation by the district and municipal public libraries of the tasks specified in art. 27 ust. 5.
2. The public library, the organizer of which is the county or the city on the rights of the district, operating in the city of the seat of the self-government of the voivodship, may carry out the tasks referred to in the paragraph. 1, on the basis of the agreement of the voivodship board with the executive body of the district or city on the rights of the district The agreement shall in particular determine the amount of the financial resources that the parties to the agreement which are necessary to carry out the activities of the library shall contribute.
Art. 20a. [ Powiatowa Public Library] 1. The county public library shall carry out the tasks specified in the art. 20 in the mouth. 1 in points 1, 2, 4 and 5 and interacts with the voivodship of the public library.
2. The public library, the organizer of which is a municipality operating in the city of the seat of the district government, may perform the tasks referred to in the paragraph. 1, on the basis of the agreement of the administrative board of the district with the mayor (the mayor, the president of the city). The Agreement should contain the arrangements laid down in Article 4. 20 para. 2.
Chapter 6
Scientific Libraries
Article 21. [ Scientific Library Tasks] 1. Scientific Libraries:
1) serve the needs of science and education, providing access to library materials and information resources necessary for carrying out scientific and research work and containing the results of scientific research;
2) carry out scientific and research activities in the field of library-related and related fields, as well as in the fields of science supported by them.
2. The scientific libraries include:
1) The National Library;
2) libraries, the organizers of which are higher education;
3) libraries, the organizer of which is the Polish Academy of Sciences;
4) libraries whose organizers are research and development units;
5) other libraries.
3. The list of scientific libraries leads the National Library.
4. The Minister for Culture and Protection of the National Heritage shall determine, by means of regulations, the manner and mode of reckoning of the libraries referred to in paragraph 1. Article 2 (2) of the Framework Decision of the European Union and of the Council of the European Union (2), and in particular Article 2 (2) (5), to scientific libraries and to
Chapter 7
School and pedagogical libraries
Article 22. [ Organisation of school and pedagogical libraries] 1. School libraries and libraries of other educational institutions are used to implement curricula and education, cultural and information education of children and young people, and educating and improving teachers. For this purpose, a school library is carried out in each public school.
2. Pedagogical libraries shall carry out activities to serve the needs of education and education, including education and improvement of teaching staff.
3. The rules for the organisation and operation of school and pedagogical libraries shall be determined by separate regulations.
Chapter 8
Professional and Works Libraries
Article 23. [ Conducting professional and hostalial libraries] Work facilities can carry out professional and book-working libraries.
Article 24. [ Tasks of the professional and works libraries] 1. The professional libraries shall support the tasks of the work establishments and serve the needs of professional development of the employees.
2. Works libraries serve to meet the educational and cultural needs of the employees of the work establishments and their families.
Chapter 9
Support for special user groups
Article 25. [ Uprising of the Central Library of the blind] The Central Library of the Niewidomych provides library support to the blind and coordinates the activities of related libraries and institutions.
Article 26. [ Running other libraries for special user groups] 1. In order to provide the library of special groups of users, libraries are carried out in medicinal entities within the meaning of the provisions on medical activity, in the homes of social assistance, in detention facilities, correctional facilities and shelters for minors, as well as in the organisational units subordinate to the Minister of National Defence and the Minister competent for internal affairs.
2. The Ministers shall be competent in the cases referred to in paragraph 2. 1, in agreement with the Minister for Culture and Protection of the National Heritage shall determine, by means of a regulation, the manner of the organisation of the library service referred to in the paragraph. 1, and the manner in which public libraries are interacting in the performance of this service, taking into account the specific characteristics of their activities.
Chapter 10
Nationwide library network
Article 27. [ Create library network] 1. In order to conduct a single library and information activity, enabling the use of library materials and other sources of information, a nationwide library network, hereinafter referred to as the "library network" shall be established.
2. The library network consists of public libraries.
3. Libraries other than those referred to in the mouth. 2 may be included in the library network, and the request of the competent organizer, the decision of the minister competent for culture and the protection of the national heritage, which in agreement with the organizer indicates the entity exercising the substantive supervision in the scope of the implementation of the tasks referred to in paragraph 5. The decision to include in the library network may be subject to repeal in the event of a breach by the library of obligations arising from belonging to the library network.
4. The envisions of libraries forming part of the library network are run by the National Library.
5. Libraries forming part of the library network shall be obliged to cooperate in the scope of:
1) the collection, development, storage and sharing of collections;
2) preparing and disseminating bibliographic and documentation information;
3) scientific and research activities and the development and improvement of professional staff of libraries;
4) exchange and transfer of library materials and information.
6. The Minister for Culture and Protection of the National Heritage shall, in agreement with the relevant ministers, determine, by means of a regulation, the means of records of library materials, with a view to ensuring the smooth implementation of library tasks.
Article 28. (repealed).
Chapter 11
Library staff
Article 29. [ Qualifications of staff employed in librarians ' posts] [ 1] 1. Employees employed in librarians in librarians ' positions form a professional group of librarians.
2. In libraries, there may be employed persons with secondary education.
Chapter 12
Amendments to the provisions in force, transitional and final provisions
Article 30. (bypassed).
Article 31. [ Repealed provisions] 1. The Act of 9 April 1968 Traci about libraries (Dz. U. Nr 12, pos. 63, of 1984 Nr 26, pos. 129, of 1989. Nr 29, pos. 155 and No 35, pos. 192, of 1990 Nr 34, pos. 198 and 1996 Nr 152, poz. 722).
2. (bypassed).
Article 32. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement.
[ 1] Article 29, as amended by Article 29 (1), 7 of the Act of 13 June 2013. adjusting the laws governing the performance of certain professions (Journal of Laws of the Act of 829). The amendment came into force on 23 August 2013.
