Hi everyone
I think this is a very interesting point about inter-library loans and one that I am sure many authorities will be reviewing. I'd like to make two observations about it from my understanding of the current law, such as it is:
(1) The library authority can make any reasonable charge it wishes for the provision of inter-library loans. This can be up to and including full cost recovery.
(2) It is sometimes useful to be reminded what the 1964 Public Libraries and Museums Act actually says. The most relevant part of it is the bit everyone thinks they know (although many do not realise it says "for all persons desiring to make use thereof"). :
"It shall be the duty of every library authority to provide a comprehensive and efficient library service for all persons desiring to make use thereof"
But it then goes on to say
"Provided that although a library authority shall have power to make facilities for the borrowing of books and other materials available to any persons it shall not by virtue of this subsection be under a duty to make such facilities available to persons other than those whose residence or place of work is within the library area of the authority or who are undergoing full-time education within that area.
(2)
In fulfilling its duty under the preceding subsection, a library authority shall in particular have regard to the desirability—
(a)
of securing, by the keeping of adequate stocks, by arrangements with other library authorities, and by any other appropriate means, that facilities are available for the borrowing of, or reference to, books and other printed matter, and pictures, gramophone records, films and other materials, sufficient in number, range and quality to meet the general requirements and any special requirements both of adults and children"
Ignoring the embarrassing bit about gramophone records, which I cannot believe that anyone cares seriously about nowadays, the wording suggests that there could be a case for a legal challenge if the interlending service is entirely withdrawn. That bit about "by arrangements with other library authorities" in particular. Bear in mind, though, that I'm not a lawyer but I would suggest that such a decision, at least, would need to go through the legal department of the council for agreement before going through.
Regards
Ian Anstice
Public Libraries News
www.publiclibrariesnews.com
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