My understanding is that library authorities are allowed to charge
under
The Library Charges (England and Wales) Regulations 1991.
Section 3 Para 2(b)says:
A relevant authority may make a charge -
for reserving for any person library material or library apparatus,
whether that material or apparatus is for the time being held by the
relevant authority or needs to be obtained from elsewhere and whether
for the purpose of lending the material or apparatus to that person or
making it available for his use on library premises, and for notifying
that person that that material or apparatus has become available or is
not available for borrowing or use by him;
Section 4 para 1 says:
The amount and the incidence of any charge made in accordance with
regulation 3 shall be at the discretion of the relevant authority.
The Hansard record of the debate on these Regulations is quite
interesting. Apparently originally the Regulations stipulated a
maximum of £1.50 per reservation but The Federation of Local Authority
Chief Librarians was in favour of setting no maximum charge, and the
Minister for the Arts chose to accept that view. (The Library
Association favoured setting a maximum figure.)
See Hansard at http://tinyurl.com/ILLcharge5
Philip Spencer
> -----Original Message-----
> From: lis-pub-libs: UK Public Libraries
> [mailto:[log in to unmask]]On Behalf Of Carl Clayton
> Sent: 09 November 2009 12:57
> To: [log in to unmask]
> Subject: Re: Requests process
>
>
> Here is a little cat among the ILL request pigeons!
>
> Under the Public Library Act 1964 , the local authority is
> obliged to provide a
> comprehensive and efficient library service
>
> Authorities can fulfill this obligation by "the keeping of
> adequate stocks, by
> arrangements with other library authorities, and by any
> other appropriate
> means" ILLs are presumably an "other appropriate means". 2a
>
> The act says that "Except as provided by this section, no
> charge shall be
> made by a library authority (otherwise than to another
> library authority) for
> library facilities made available by the authority". 8(1)
>
> An exemption is given i.e. "but this subsection shall not
> prevent any
> regulations under this section from authorising the making
> of charges in
> respect of the use of any facility for the reservation of
> written materials" 8
> (3d).
>
> However, it is clear that many library authorities not only
> make a "charge in
> respect of the use of any facility for the reservation of
> written materials" but
> also make a separate charge as a contribution to the cost
> of obtaining an ILL
> loan.
>
> Is this later charge justified under the 1964 act? Could it
> not be argued that
> the charge for reservation should be a single flat charge
> and that there is
> nothing in the act to allow a variable charge related to
> the cost of obtaining
> that reservation? In other words you can charge for a
> reservation, but the
> provision of written materials has to be free irrespective
> of the means you use
> to provide that material.
>
> I don't pretend that this is helpful!! I just wondered if
> it had been considered.
>
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