Alison
Section 8 of the Public Libraries and Museums Act 1964 makes provision for a public library to make charges "...in respect of borrowed materials which are returned late..." If the principle applies to public libraries, there is no reason why it cannot apply to the private contract between an institution and its students.
I appreciate that you are not a public library but, as suggested, I would argue that in an institution such as a college or university, there is a clear basis for creating binding rules which provide for similar charges. In entering into an arrangement with the institution, students are normally expected to accept and sign up to rules, regulations and ordinances of the institution which will almost certainly provide a basis for making charges for late return of the books. Therefore, they have agreed to these charges. As long as those charges are not exorbitant or odious on some other basis (e.g. discriminatory) then the legal relationship between the two, in my view, gives the institution a basis for levying fines and imposing sanctions for non-payment.
Laurence
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Alison Butler
Sent: 13 May 2010 08:36
To: [log in to unmask]
Subject: Library fines: college legal position
A student has enquired about the college's legal position to charge fines for overdue library books. I wondered if anyone had dealt with a similar query, and, if so, what the legal position was? Thanks so much.
Best regards,
Alison Butler
Campus Librarian HE
Shiney Row
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T: 0191 5116165
The University of Aberdeen is a charity registered in Scotland, No SC013683.
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