CILIPS Chartered Institute of Library and Information Professionals in Scotland
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Legislation

The following is legislation that affects public libraries in Scotland.

Legislation

Scotland has its own legislation in relation to the provision of public library services –

The Local Government etc (Scotland) Act 1994 incorporates the following existing legislation relating to public libraries –

■      The Public Libraries Consolidation (Scotland) Act 1887

■      The Public Libraries (Scotland) Act 1955

■      The Local Government (Scotland) Act 1973

 

The Local Government Act – Section 163 states:

“A local authority shall have a duty to secure the provision of adequate library facilities for all persons resident in their area”

Details of all UK public library legislation here.

Also, the principles embodied in both the Equality Act 2010 and Human Rights Act (1998) apply across the UK and may be relevant.

You can read more about the Equality act here

This was previously used in Moray where there was an Equality Impact Assessment undertaken that confirmed disadvantaged communities would be affected and this was cited in our response here. The Act concerns protected characteristics so an example of this would be a disabled or older person who can no longer access the service if a library was not available.

Here is a UK wide example where a challenge was made that referred to Equality.

You can also find more information on this here:  http://www.publiclibrariesnews.com/library-closing/legal

The 1998 Human Rights Act states that It is unlawful for a public authority to act in a way which is incompatible with a Convention right.