National Cultural Institutions Act, 1997

Lending and disposal of library material by Board of Library.

18.—(1) The Board of the Library may lend any library material in the collection of the Library for the purpose of research or public exhibition and in determining the period for which, and the conditions subject to which the library material is to be lent, the Board shall have regard to the following matters:

(a) the interests of researchers,

(b) the interests of the members of the Houses of the Oireachtas,

(c) the suitability of the conditions in which the library material will be displayed or used for research, as the case may be,

(d) the physical condition and degree of rarity of the library material,

(e) any risks to which the library material is likely to be exposed,

(f) whether the loan would be inconsistent with a condition of a gift or bequest,

(g) the opinion of the Heritage Council.

(2) Subject to subsection (6), the Board may dispose (whether by means of sale, exchange or gift) of any library material, if in the opinion of the Board, the library material—

(a) is by reason of damage, physical deterioration or infestation by destructive organisms not appropriate for inclusion in the collection of the Library, or

(b) can be disposed of without detriment to the interests of students, researchers or other members of the public, or

(c) is a document wholly in print, a copy of which may be made by the Board, whether by photographic or other means, or

(d) is a duplicate or replica of other material in the collection of another institution in the State to which members of the public have reasonable access.

(3) Before disposing of any library material under subsection (2), the Board shall publish a notice in Iris Oifigiúil and in at least two daily newspapers circulating throughout the State stating its intention to dispose of library material pursuant to this section.

(4) Where the Board proposes to dispose of library material under subsection (2) to a cultural institution, the Board shall have regard to the accessibility of the material to members of the public.

(5) The power conferred on the Board by subsection (2) shall not be exercised in a manner inconsistent with any terms or conditions attached to a donation or bequest of library material to the Library.

(6) Any moneys received by the Board by virtue of the disposal of library material under this section shall be applied by the Board to conserve and enlarge the collection of the Library.