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National Heritage (Scotland) Act 1985

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Commencement Orders bringing legislation that affects this Act into force:

Part IVS The National Library of Scotland

18 Provisions as to National Library of Scotland.S

The M1National Library of Scotland Act 1925 shall be amended as follows—

(1)For paragraph (c) of section 2 (which relates to the powers and duties of the Board of Trustees), there shall be substituted the following—

(c)dispose of any book or other article belonging to the Library where—

(i)the disposal is of a duplicate book or duplicate article, and is by way of exchange, sale, or gift; or

(ii)the disposal is by way of sale, exchange or gift of a book or article which in the opinion of the Board is not required for the purposes of the Library; or

(iii)the disposal is of a book or article which the Board are satisfied has become useless for the purposes of the Library by reason of damage, physical deterioration, or infestation by destructive organisms.

(2)In paragraph (e) for the words “exhibition approved for the purposes of this provision by the Secretary of State” there shall be substituted the words “ public exhibition ”.

(3)In paragraph (f) the words “and with the consent of the Secretary of State” shall cease to have effect.

(4)After section 2 there shall be inserted—

2A Consent of Secretary of State.

(1)The appointment of the librarian shall be subject to the approval of the Secretary of State.

(2)The terms and conditions on which the librarian, officers, assistants and servants are employed shall be subject to the approval of the Secretary of State given with the Treasury’s consent.

(5)For paragraph 1 of the Schedule there shall be substituted—

1The Board shall consist of thirty-two members, of whom eleven shall be ex-officio members, sixteen shall be appointed as hereinafter provided, and five, being persons of eminence in literature or public life, not otherwise members of the Board, shall be co-opted by the Trustees.

The ex-officio members shall consist of the following persons:

The Lord President of the Court of Session;

The Lord Advocate;

The Secretary of State;

The Dean of the Faculty of Advocates;

The Minister of the High Kirk (St. Giles), Edinburgh;

The Member of Parliament for Edinburgh Central;

The Lord Provost of Edinburgh;

The Lord Provost of Glasgow;

The Lord Provost of Dundee;

The Lord Provost of Aberdeen;

The Queen’s and Lord Treasurer’s Remembrancer.

Of the appointed members:—

Five shall be persons appointed by Her Majesty on the recommendation of the Secretary of State, one of whom at least shall be representative of organised labour;

Five shall be persons appointed by the Faculty;

Four shall be persons appointed jointly by the Scottish universities, and

Two shall be persons appointed by the Convention of Scottish Local Authorities.

(6)At the end of the Schedule there shall be added the following paragraph—

8(1)The Board shall keep proper accounts and proper records in relation to them.

(2)The Board shall prepare, in accordance with best commercial practice, a statement of accounts in respect of each financial year.

(3)The statement shall comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(4)The Board shall send the statement to the Secretary of State at such time as he may direct.

(5)The Secretary of State shall, on or before 31st August in any year, send to the Comptroller and Auditor General the statement prepared by the Board under sub-paragraph (2) for the financial year last ended.

(6)The Comptroller and Auditor General shall examine, certify and report on the statement sent to him under sub-paragraph (5) and shall lay copies of it and of his report before each House of Parliament.

(7)In this paragraph “financial year” means the period of 12 months ending with 31st March each year.

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