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B1317.2 - National Digital Library Service Bill - Final Division
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A01 passed 23-22-3, and A02 failed 17-27-4. A01 is therefore applied, and the amended bill reads as follows:


National Digital Library Service Bill

A

BILL

TO

Establish a National Digital Library Service, and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

Section 1: Definitions

(1) In this Act, unless specified otherwise;

(2) ‘Librarian’ refers to the individual chiefly responsible for the library

(3) ‘Stock’ refers to anything not specifically excluded under Section 3(3)

(4) ‘Digitise’ or any related words refers to the act of transferring stock from physical to digital or online versions.

Section 2: Central Government Obligations

(1) There shall exist a new non-ministerial government department with the name ‘Libraries England’.

(a) Libraries England shall serve under the Department for Education and Culture, or any subsequent government department dealing primarily with culture.

(b) Libraries England shall be led by a Chief Executive, appointed for a five year term by the relevant Secretary of State

(c) Libraries England shall work with local government authorities to ensure the smooth running of all library services within England.

(d) Libraries England shall work with English local government authorities to ensure the smooth running of all library services, the prevention of library closures, the reversal of past closures, and additions of new libraries.

(2) Within six months of this Act receiving Royal Assent, a website must be established and run by Libraries England with the intent of hosting the National Digital Library Service

(a) This website must be designed to run seamlessly with any website the devolved nations wish to establish for the same purpose.

(3) Adequate financial support shall be given to Libraries England with which they shall collaborate with local government authorities to ensure the smooth running of the National Digital Library Service.

Section 3: Library Obligations

(1) Within one year of the passage of this Act, the Librarian must ensure that at least 50% of their stock has been digitised and transferred to Libraries England to enter into the National Digital Library Service

(a) Any item of stock that cannot be digitised shall not be counted when determining the proportion of stock that has been digitised.

(b) Reasons why an item cannot be digitised include, but are not limited to:

(i) the item requiring a specific temperature or humidity that cannot be ensured theoughout the digitisation process;

(ii) the digitisation process would pose a risk to the integrity of the item;

(iii) the item cannot be digitised without damaging, destroying or worsening the quality of the original;

(iv) part of the educational or cultural value of the item is in a form that cannot be digitised, for example due to a book making use of different paper weights or sizes.

(2) The Librarian may request assistance from Libraries England or their local government authority to digitise their stock, which may include but is not limited to:

(a) Technical expertise

(b) A photocopier

(c) Adequate financial support to hire, temporarily or otherwise, individuals to assist in digitisation,

(3) The following items are not permitted to be digitised:

(a) Movies or other films

(b) Recordings of theatre plays

(c) Music or other audio files

(d) Anything contained on a CD or DVD

(4) The relevant Secretary of State may, by order, modify Section 3(3)

Section 4: National Digital Library Service

(1) Libraries England shall operate a website for the National Digital Library Service.

(2) Reasonable attempt should be made to:

(a) Work with Librarians and local government authorities to ensure smooth transfer from physical to digital copies of stock

(b) Ensure that local library logins (where they exist) are integrated with the National Digital Library Service

(3) All digitised stock from libraries shall be included in the National Digital Library Service

(4) The National Digital Library Service shall be operated free at the point of use.

(5) Nothing in this Act requires physical libraries to cease operations, nor does it require physical libraries to dispense with stock.

Section 5: Exceptions

(1) This Act shall not apply to The British Library as defined in the British Library Act 1972.

(1) This Act shall not apply to:

(a) the British Library, as defined in the British Library Act 1972.

(b) the Bodleian Library, Oxford, as defined in the Legal Deposit Libraries Act 2003

(c) the University Library, Cambridge, as defined in the Legal Deposit Libraries Act 2003

Section 6: Short Title, Extent, and Commencement.

(1) This Act may be cited as the National Digital Library Service Act 2022.

(2) This Act extends to England.

(3) This Act comes into force immediately upon Royal Assent.

(a) Any financial assistance provided for within this Act shall come into force upon the passage of a budget with provisions to fund them.


This bill was written by the Rt. Hon. Sir Frost_Walker2017, the Viscount Felixstowe, the Lord Leiston KT GCMG CT CVO MSP MLA MS PC, on behalf of the Liberal Democrats as Spokesperson for Education and Culture.

Vote on the amended bill in its entirety by 12th May 2022 at 10pm BST.

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