Public Library Act

PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision). Cap 17 consolidated with Law 8 of 1978 and as amended by the Civil Partnership Law, 2020 [Law 35 of 2020], the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020], the Cayman Islands Constitution Order 2009 (UKSI 2009 No. 1379) and the Cayman Islands Constitution (Amendment) Order 2020 (UKSI 2020 No. 1283). Originally enacted — Cap. 17-1st January, 1964. Law 8 of 1978-15th June, 1978 Law 35 of 2020-4th September, 2020 Act 56 of 2020-7th December, 2020. Originally Made — U.K. Order 2009-10th June, 2009 U.K. Order 2020-11th November, 2020. Consolidated and revised this 31st day of December, 2024. Note (not forming part of this Act): This revision replaces the 1998 Revision which should now be discarded. Short title This Act may be cited as the Public Library Act (2025 Revision). Definitions In this Act — “Committee” means the Committee of Management of the Library; “Library” means the public library established by this Act and includes any other library established in connection therewith; and “member” means any person whose name is entered in the register of members of the Library. Income of Library The expenses of the Library are defrayed out of — (a) moneys granted for the purpose by the Carnegie Corporation; (b) such moneys as may, from time to time, be appropriated to the Library by the Cayman Islands Parliament out of the general revenue of the Islands; subscriptions received from the general public for the use of books, magazines, newspapers and periodicals kept in the Library; (d) penalties and fines imposed and recovered in respect of offences committed against this Act or any regulations made hereunder; (e) public donations; and (f) such other moneys as may, from time to time, be vested in the Committee and appropriated by it to the maintenance of the Library. Committee of Management The Library is managed and controlled by a Committee of Management which consists of not less than three and not more than five persons appointed once in every year, or at any time to fill a vacancy, by the Cabinet. Chairperson of Committee (1) The Cabinet shall appoint the Chairperson of the Committee. (2) In the event of the death or absence from a meeting of the Chairperson, the Committee shall elect one of its number to act as Chairperson during the Chairperson’s absence. Incorporation of Committee (1) The Committee is a body corporate by the name of “The Committee of Management of the Public Library of the Cayman Islands”, and by that name has perpetual succession, and, subject to section 11, may hold, acquire and dispose of in any manner whatsoever any property, real or personal, for the purposes of this Act. (2) The Committee may sue and be sued, prosecute and be prosecuted, in its corporate name in any Court in the Islands, and has a common seal approved and if necessary alterable from time to time by the Committee which seal is officially and judicially noticed. Committee to have control and management of Library funds and property Subject to section 11, the Committee has absolute management and control of the Library and its funds, and may apply any part of such funds to the purchase of such books, magazines, periodicals, newspapers, prints, pamphlets, manuscripts, reports, pictures, maps, engravings, works of art and science, scientific, philosophical and other instruments, specimens of natural history, science, art, agriculture, mining, industry, and all other articles, furniture and effects, as they may consider requisite for the purposes of the Library, and may also sell or otherwise dispose of any article purchased or acquired by the Library; and all moneys arising from any such sale or other disposal are deemed to be part of the funds of the Library and applied accordingly. Committee to pay all outgoing expenses, etc. The Committee, out of the funds of the Library pays all rents, rates, insurance premiums against loss by fire, hurricane or otherwise on all books, buildings and their contents, salaries and wages, costs of additions, repairs and other outgoings and expenses payable in respect of the management of the Library, and the expenses incidental to all sales under section 7. Future property vested in Committee All property presented to, or purchased or acquired for, the Library, is vested in the Committee. Exemption from taxation

The administration of the funds of the Committee are under the supervision of the Cabinet and accordingly — (a) in the exercise of its powers under section 7, the Committee shall observe any general or special directions given to it by the Cabinet in that behalf; and (b) the Committee may not acquire or dispose of any real property without the previous consent of the Cayman Islands Parliament. Appointment of librarian, officers and servants

The Committee, subject to the prior approval of the Cabinet, may appoint upon such terms as it thinks fit, a librarian and such other officers and servants as it may consider requisite for the purpose of managing and carrying on the Library; and may fix the salaries and wages to be paid to them and may, at any time, remove any such librarian, officers or servants. Librarian to be Secretary to Committee

The librarian is the Secretary of the Committee and all legal proceedings may be instituted and conducted by or against the librarian on behalf of the Committee. Free reading room

The Committee shall, subject to such regulations as it may think fit to make, provide and set apart some portion of the Library for use as a free reading room, to which the general public has free access to use the books, magazines, periodicals and newspapers of the Library. Part of Library may be used for meetings, etc.

The Committee may permit any part of any premises in which the Library may for the time being be located to be used, either gratuitously or otherwise, for lectures, meetings or otherwise, if the use of the premises as and for the purposes of a Library is not thereby interfered with. Life members

Any person making a donation to the Library, either in money, books or other publications, works of art or science, or any other articles, of such value as may be prescribed, may, by resolution of the Committee, be elected a life member, and shall thenceforth be entitled to all the privileges of an annual member without any further payment. Rights and liabilities of members

A member is entitled to borrow from the Library such number of books, periodicals and magazines and to keep the same for such period as may, from time to time, be prescribed, and is responsible for the proper care of such books, periodicals or magazines and for their due return to the Library. Powers of Committee with respect to persons suffering from communicable disease

The Committee has the power to refuse to admit to membership, and after admission has the power to cancel the membership of, any person whom it may have reason to suspect is suffering from any communicable disease, or who may be residing in the same house with any person suffering or suspected to be suffering from any such disease; and to return any subscription paid by such person or proportionate part thereof computed for the unexpired portion of the term for which the subscription was paid, and such person shall immediately cease to be a member and to enjoy the rights and privileges of a member, and must forthwith return all books, periodicals and magazines which may be in that person’s possession. Sub-committees

The Committee has power to appoint one or more sub-committees, consisting of such one or more members as it thinks fit, for the purpose of considering and reporting upon such questions and matters as may be referred to it, and the Committee may grant to any such sub-committee the power to do any of the acts relating to the management of the Library which the Committee itself might lawfully do. Regulations

(1) The Committee may make regulations for the management of the Library, to provide for — (a) the different classes into which members are to be subdivided, and the rates of subscription to be paid by each; (b) the value of the donation to be required as a qualification for election as a life member; the conditions under which, and the days and hours during which, members and the general public may be admitted to the Library, or to any particular part thereof; (d) the method to be employed in obtaining books and other articles from the Library, and the mode in which such books and other articles may be issued to members; (e) the duties of the librarian and the officers and servants of the Library, and the terms and conditions upon which they are to be appointed, and upon which they may be granted leave; (f) the proper use of the free reading room by the general public, and the method of issuing books, periodicals, magazines and newspapers to persons using the free reading room; (g) the manner in which the rooms, entrances, passages, staircases and outbuildings of the Library may be used; (h) the charges to be made and the conditions to be observed for the use of any part of the Library for the purpose of lectures, meetings or otherwise; (i) the exclusion or removal from any part of the Library of any person whom the Committee may consider undesirable on sanitary or other grounds, who may have committed a breach of the regulations or otherwise misconducted themselves in the Library; and (j) any other matter or thing which the Committee may consider necessary for the good management and control of the Library and the securing of its peaceful use by members and other persons lawfully resorting thereto. (2) The Committee may, by regulations, prescribe fines, not exceeding twenty dollars in each case, to be imposed for breaches of such regulations. (3) All regulations made by the Committee under the powers conferred by subsection (1) shall be submitted for the approval of the Cabinet and, when approved, gazetted and thereupon have the same force and effect as if they formed part of this Act. Penalty on member not returning books, etc.

If any member fails, neglects or refuses to return any book or other article belonging to the Library within such period as may have been prescribed, it is lawful for the librarian to deliver to such member a written notice requiring that member to return such book or other article within seven days from the date of such notice, and to pay any fine which that member may have incurred in respect of such failure, neglect or refusal. If any member fails to comply with such notice within the time therein specified, that member is liable to a fine of twenty dollars in addition to the value of the book or other article and to the amount of the fine incurred. Wilful damage to property

The librarian or any other person authorised by the Committee may take summary proceedings against any person who wilfully damages or destroys any book or other article belonging to the Library; and such person is liable to a fine of twenty dollars in addition to the value of the book or other article so damaged or destroyed. Persons suffering from communicable diseases

(1) Any person, knowing that that same person is suffering from a communicable disease, may not take or use any book or other article, or permit or cause any book or other article to be taken for that person’s use, or for the use of any person in that person’s house, from the Library. (2) No person may permit any book or other article which has been taken from the Library and is under that person’s control to be used by any person who that person knows or suspects to be suffering from any communicable disease. (3) No person may return to the Library any book or other article which that person knows to have been exposed to infection from any communicable disease, or permit any such book or other article which is under that person’s control to be so returned: but shall give notice to the librarian and to the Government Medical Officer that such book or other article has been so exposed to infection, and the Chief Medical Officer is to cause the book or other article to be disinfected to the Chief Medical Officer’s satisfaction and returned to the Library, or, if it cannot be satisfactorily disinfected, to be destroyed. (4) Whoever contravenes this section is liable to a fine of twenty dollars. Offences in Library premises

Whoever, in any part of the Library — (a) behaves in a disorderly manner; (b) uses violent, abusive or obscene language; bets or gambles; (d) spits or smokes; or (e) after proper warning, persists in remaining in the Library or reading room beyond the hour fixed for the closing thereof, is liable to a fine of twenty dollars. Grant from general revenue

There shall be paid out of general revenue of the Islands towards the maintenance of the Library such moneys as may, from time to time, be appropriated to the Library by the Cayman Islands Parliament. Such moneys are payable on the warrant of the Cabinet. Audit of accounts

The accounts of the Library are audited by the Government Auditor, and a yearly statement of account, in such form as the Government Auditor may direct, shall be laid before the Cayman Islands Parliament. Procedure for recovery of fines and penalties

All fines imposed by this Act and by regulations made hereunder are recoverable on summary conviction and proceedings may be instituted and conducted by the librarian or by any person authorised by the Committee, either generally or for any particular proceedings. Appropriation of fines and penalties

All penalties and fines received by the court under this Act shall be paid to the Committee. Publication in consolidated and revised form authorised by the Cabinet this 21 day of January, 2025. Kim Bullings Clerk of the Cabinet Table of Legislation history: SL # Act/Law # Legislation Commencement Gazette Proc 5/2020 Proclamation 5 of 2020 - Proclaiming the commencement of Constitution (Amendment) Order UKSI 1283/2020 30-Nov-2020 GE97/2020/s3 UK 1283/2020 Cayman Islands Constitution (Amendment) Order 3-Dec-2020 GE99/2020/p1 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 35/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64/2020/s1 Proc 4/2009 Proclamation 4 of 2009 - Proclaiming the commencement of Constitution Order UKSI 1379/2009 23-Oct-2009 GE89/2009/p7 UK 1379/2009 Cayman Islands Constitution Order 2009 6-Nov-2009 G14/2009/s1 Public Library Law (1998 Revision) 2-Feb-1998 G3/1998/s9 8/1978 Cayman Islands Public Library (Amendment) Law, 4-Jul-1978 G14/1978/s1 Cap. 17 Cayman Islands Public Library Law 1-Jan-1964 Revised Laws of the CI (Vol I – p. 251) (Price: $3.20)