Management Rules - Libraries and Museums
INVERCLYDE COUNCIL
MANAGEMENT RULES FOR LIBRARIES AND MUSEUMS
Notice is hereby given that the Inverclyde Council has made Management Rules in terms of Section 112 of the Civic Government (Scotland) Act 1982 to regulate (a) the use of; and (b) the conduct of persons within all Libraries and Museums in Inverclyde and these shall be effective from 18 March 2024.
INVERCLYDE COUNCIL
MANAGEMENT RULES FOR ART GALLERIES AND MUSEUMS
The Inverclyde Council as the museum authority for Inverclyde in terms of Schedule 13, Section 5 of the Local Government etc. (Scotland) Act, 1994 hereby make the following Management Rules in exercise of the powers conferred on them by Section 112 of the Civic Government (Scotland) Act 1982, which shall apply to the provision of Museum Services by the Council in Museum Premises in Inverclyde and shall come into force on the Eighteenth day of March Two Thousand and Twenty four.
Definitions and Interpretation
In these Management Rules
“Acceptable Usage Policy” means such policy or policies as the Council has in force from time to time regulating the use by the members of the public of publicly accessible computers and other public ICT resources in public libraries.
“Act” means the Civic Government (Scotland) Act 1982
“Assistance Dog” means an assistance dog as defined in Section 173 of the Equality Act 2010.
“Committee” means the committee which has been appointed by the Council for the management of art galleries and museums within Inverclyde.
“Council” means Inverclyde Council constituted under the Local Government etc (Scotland) Act 1994.
'Museum/Museum premises' shall be taken to mean any public Art Gallery and Museum and shall include The McLean Museum and Art Gallery, Greenock, grounds and such other premises as may be used from time to time by the Council for the provision of Museums Services and includes any land surrounding or used in connection therewith.
“Museum user” means any person having the right, under these rules, to the use of Museums within Inverclyde.
“Officer in charge of the museum service” means the Cultural Services Manager or such other authorised member of staff.
The provisions of the Interpretation Act 1978 shall apply to the interpretation of these Management Rules as they apply to an Act of Parliament.
1. Access to Museums
a. The Museum shall be open to the public on such days and during such hours as the Council or Committee may from time to time determine and the Council or Committee may close the Museum wholly or partially during such times as they may think fit.
b. No person shall enter or remain in any part of the Museum which a reasonable person would or should know is prohibited to the public or remain in the Museum after the time fixed for its closing.
c. No person shall remain in the Museum after an emergency situation has been made known to them.
d. No member of the public shall enter or remain in any part of the Museum identified for staff or private use unless authorised by the Officer in charge of the museum service.
e. Any member of the public may view the displays held in the Museum but no materials may be removed from the Museum unless duly authorised.
f. The Officer in charge of the museum service shall have discretion as to the conditions under which members of the public may consult rare, valuable or fragile museum artefacts which are deemed unsuitable or too delicate for general display.
2. Conduct in the Museum
The normal standards of good conduct in public places will apply in Museums and Art Galleries. The Council reserves the right to refuse admission or to expel any persons from the premises for any valid reason.
a. Any person who in the reasonable opinion of museum staff is under the influence of alcohol or drugs will be expelled or excluded in terms of Rule 2.
b. No person shall take, sell or distribute drugs in the Museum except in a case requiring first aid treatment where the administering of drugs is necessary and performed by an appropriately qualified medical practitioner or where the drugs are taken as part of a prescribed course of medication.
c. Except with the consent of the Officer in charge of the museum service, no person shall cause or allow any dog (other than an Assistance Dog accompanying a disabled person) or other animal belonging to them or under their control to enter or remain in the Museum. No person will be permitted to bring in any wheeled vehicle or conveyance other than wheelchairs, mobility scooters, pushchairs or prams.
d. Disorderly, violent or insulting behaviour including the use of indecent or offensive language towards other museum users or staff by any person will result in that person being removed and excluded from the Museum. If the person is aged under 16, their parent or carer will be informed.
e. Parents and carers are responsible for the supervision and behaviour of their children at all times within the Museum premises. Children aged eight years and under must be accompanied by a parent or carer when visiting the Museum. Children between the ages of eight and twelve must not be left unaccompanied by a parent or carer unless part of an organised activity, and with prior agreement.
f. Parents and carers must undertake to ensure that their children behave in an appropriate manner if attending an organised activity. The Museum staff reserve the right to ask parents and carers to remove a child from an organised activity if their behaviour is disruptive to other participants.
g. Parents and carers of children must ensure that they do not climb on railings or objects, or breach barriers on Museum premises.
h. Museum users must comply with all directions given to them by Museum staff in the course of their duties.
i. At the discretion of the Officer in charge of the museum service, appropriate areas of Museum premises may be used for community, cultural, educational or social purposes. Such uses shall be controlled by means of a written agreement between the user and the Council.
j. Food or drink must not be taken into and consumed in the Museum premises with the exception of food or drink provided by the Museum at an event authorised by the Officer in charge of the museum service.
k. The consumption of alcohol is not permitted in Museum premises except as may be specifically authorised in connection with use as defined in Rule 2(j).
l. It is prohibited to undertake sound recording, photography or filming, including filming by the use of mobile phones with cameras, without the prior consent of library staff. However the use of digital cameras/mobile devices for informal social shots is permitted. All professional photography, video or sound recording intended for broadcasting or use on the internet must be approved of in advance by the Officer in charge of the museum service.
m. The use of equipment such as mobile devices including phones and tablets should not cause inconvenience or disturbance to others in the reasonable opinion of museum staff.
n. Bills, notices or leaflets may be displayed or distributed in any part of the Museum only with the consent of the Officer in charge of the museum service.
o. The Officer in charge of the museum service may from time to time regulate the use of accommodation, resources and equipment in great demand in order to ensure equal opportunity of use.
p. In the event of the structure, furniture, fittings or other contents of the Museum being damaged or destroyed, the person responsible shall be liable for the cost of making good the damage or for replacing the articles destroyed.
q. The Council shall have no liability in respect of the loss or theft of any item belonging to a museum user.
r. No trading or sale of goods shall take place in any part of any Museum except with the consent of the Officer in charge of the museum service.
s. Goods must not be removed from the Museum shop prior to payment.
t. Smoking and/or vaping is strictly forbidden in the Hall, foyer and all parts of the Museum and Gallery building.
3. Use of Public Access Computers in the James Watt Library
Any person may use public access computers within the Library Premises, provided however that:
- if they are aged 11 or under, they must be accompanied by a parent or other adult with parental responsibility;
- they provide acceptable personal identification before they can use the public access computers; and
- they must only do so in accordance with the Acceptable Usage Policy.
The Acceptable Usage Policy is available from all the Library Premises and on all public access computers.
4. Use of Venue
Museum premises may be available for hire, at the discretion of the Officer in charge of the museum service, by appropriate organisations throughout the year subject to the nature of the hire not impeding the provision of public service or the safety and security of the museum and exhibits. The Watt Hall is also licenced for wedding ceremonies subject to availability. All hires are agreed at the discretion of the Officer in charge of the museum service.
a. The hire charge in force at the time shall be made to hirers. Inverclyde Council reserves the right to refuse any applicant the use of premises or part thereof without giving any reason. The premises shall not be sub-let.
b. Museum premises are not normally available for hire during the hours of public opening.
c. Smoking and/or vaping is strictly forbidden in the Hall, foyer and all parts of the Museum and Gallery building.
d. Hirers must abide by the regulations governing the use of the Watt Hall in force at the time of hire.
e. The layout of seating and equipment in the Watt Hall will be organised by museum staff in accordance with the requirements of the hirer. The maximum permitted numbers indicated by Officer in charge of the museum service must be strictly adhered to.
f. Access to the Watt Hall will be provided to hirers according to the hours booked and not outwith these times. If events exceed the agreed hours by more than 10 minutes hirers will incur a half hour's extra charge.
g. Bookings will not be accepted for events which finish later than 10.00 p.m.
h. Hirers wishing to use a public address system or audio-visual equipment should discuss this with museum staff before the event to determine whether their requirements can be met. Hirers must operate their own equipment.
i. The hirer will be responsible for ensuring that all items of electrical equipment brought into the Museum or Watt Hall meet the current health and safety standards, for example by PAT testing, and that any persons operating the electrical or mechanical equipment are competent to do so with full regard to health and safety matters.
j. Fire precautions must be observed with regard to equipment used. No oil, candles or other highly flammable materials shall be allowed in any part of the premises.
k. The hirer shall be responsible for maintaining order in connection with the occupation of the premises and shall arrange that effective control is provided at all doorways which may be necessary so as to allow free access and exit.
i. Hirers using the Watt Hall or Museum for events other than lectures or weddings must complete and return a Risk Management checklist with the booking application before a booking can be confirmed.
j. The hirer shall be responsible for any damage done to the premises or the fittings or furniture therein during the time of occupation and shall be bound to meet the cost of the same.
k. Nothing shall be done in the premises and nothing shall be taken into the premises which will involve extra risk to the premises or property of Inverclyde Council unless specially sanctioned and then only upon such conditions as to safety precautions and other matters as shall be stipulated
l. Any erections required in connection with the occupation of the premises by the hirer, including all outside erections, signboards and the like, shall be subject to the written approval of Inverclyde Council and shall be erected, taken down and removed all at the cost of the hirer.
m. No livestock will be permitted anywhere on the premises without the express permission of the Officer in charge of the Museum service.
5. Museum Grounds
a. No person shall throw down, deposit or leave any rubbish, refuse, litter or paper of whatever description in the museum grounds, other than that in a receptacle/location provided for that purpose.
b. No person shall wilfully, carelessly or negligently damage, injure, displace or remove any part of a, wall, fence, barrier, railing or any other fixture situated in or on or adjacent and ancillary to the Museum, or deface or destroy the same by cutting, writing or otherwise. Any person so doing will be held responsible for the cost of any replacement or repair.
c. Except with the express consent of the Officer in charge of the museum service, no person shall remove any plant in the museum grounds.
d. No person shall enter or stand, sit or walk in or upon any flower bed, border or shrubbery within any park or in or upon any part of the museum grounds where prohibitive notices are displayed.
e. No wheeled vehicle (with the exception of wheelchairs, mobility scooters, pushchairs or prams), whether mechanically propelled or otherwise, shall be permitted or allowed to enter the Museum grounds without the prior written consent of the Officer in charge of the museum service. This shall not apply to the use in the Museum grounds of any ambulance, fire engine, police vehicle and/or attendant vehicles as may be permitted by the Officer in charge of the museum service.
f. No person shall cause or permit a dog or any other animal belonging to them or otherwise under their control to enter or remain in the Museum grounds unless such a dog or other animal is under the full control of that person and effectively restrained from causing annoyance to any person, or from worrying or disturbing any wild birds or animals or from damaging any flower, plant, tree or shrub in the grounds.
g. No person shall cause or permit any dog or other animal belonging to them or otherwise under their control to foul in the Museum grounds or any part thereof.
h. No person shall light a fire, burn or do any action which might cause to be set on fire or burned in the Museum grounds any paper, rubbish, refuse, fuel or other substance.
i. No person shall, without prior written consent of the Officer in charge of the museum service, erect, occupy or use any tent or other structure in the Museum grounds.
6 Contraventions of Management Rules
A museum staff member may, where he or she has reasonable grounds for believing that a person has contravened, is contravening or is about to contravene any of the foregoing Management Rules, exclude that person from the Museum Premises.
A person who persistently contravenes or attempts to contravene the foregoing Management Rules and is, in the opinion of the Council, likely to contravene them again shall be liable to be made the subject of an Exclusion Order by the Council for a period not exceeding one year, in terms of Section 117 of the Act.
Any person who
(i) on being required to leave the Museum Premises by an authorised officer who has reasonable grounds for believing that the person has contravened, is contravening or is about to contravene any Management Rues, fails to leave;
(ii) on being informed by an authorised officer who has reasonable grounds for believing that the person is about to contravene any Management Rule, that he or she is excluded from the Museum Premises, enters or attempts to enter the Museum Premises;
(iii) being a person subject to an Exclusion Order under section 117 of the Act enters or attempts to enter the Museum Premises to which the Exclusion Order relates
Shall be guilty of an offence and liable on summary conviction to a fine not exceeding Level 1 on the Standard Scale of Fines (the current maximum fine at the time of making these rules being £200) or such other amount as may from time to time be fixed by statue in terms of section 118 of the Act.
These Management Rules are executed by being sealed with the Common Seal of Inverclyde Council and signed by Anne Sinclair, Proper Officer of Inverclyde Council at Greenock on the Twenty Sixth day of February Two thousand and Twenty Four.
THE INVERCLYDE COUNCIL
MANAGEMENT RULES FOR PUBLIC LIBRARIES
2024
The Inverclyde Council as the library authority for Inverclyde in terms of Schedule 13, Section 5 of the Local Government etc. (Scotland) Act, 1994 hereby make the following Management Rules in exercise of the powers conferred on them by Section 112 of the Civic Government (Scotland) Act 1982, to regulate the use of, and the conduct of persons using, any of Inverclyde Council’s Library Premises and which shall come into force on the Eighteenth day of March, Two Thousand and Twenty Four.
DEFINITIONS
In these Management Rules:
“Acceptable Usage Policy” means such policy or policies as the Council has in force from time to time regulating the use by the members of the public of publicly accessible computers and other public ICT resources in public libraries.
“Assistance Dog” means an assistance dog as defined in Section 173 of the Equality Act 2010.
“Borrower” means any person who has a current registration as a borrower in terms of Clause 1 of these Management Rules.
“Council” means the Inverclyde Council and shall when used within these Management Rules in reference to any decision or determination include such Committee, Sub-Committee or Officers of the Inverclyde Council as are authorised by them to make such a determination.
“Committee” means the committee to which the Council has referred the function of the management of public libraries within Inverclyde.
“Inverclyde” shall mean the administrative area for which the Council is responsible in terms of the Local Government etc (Scotland) Act 1994.
“Library Material” means printed material and other media or articles.
“Library Premises” means
- the , various premises listed in the Schedule to these Rules, declaring that should the Council cease to use once or more of the individual premises for the provision of Library Services, then the premises in respect of which such use has ceased shall cease to be Library Premises for the purposes of these Rules then, and
- such other such premises as may be used from time to time by the
Council for the provision of Library Services, and shall for the purposes of these Management Rules, include all doorways, footpaths, roads, grounds and car parks in the ownership of the Council and used in connection with or forming part of the curtilage of such premises, or other office or reception area within Council buildings as is used in connection with any such premises.
“Library Services” means the public lending library and reference library and online services provided by Inverclyde Council through the Culture, Communities and Educational Resources service of the Education, Communities and Organisational Development directorate, and for the purposes of these Management Rules includes such ancillary services (eg. outreach activities) as are provided from time to time.
“Library User” means any person using Library Premises.
“Officer in charge of Library Services” means the Cultural Services Manager or such other Officer as may be from time to time appointed by and/or authorised by the Council with responsibility for the overall management of library services throughout Inverclyde.
“Staff Member” means any person employed by the Council wholly or partly in connection with the provision of library services in Inverclyde, be that at the Library premises or elsewhere in pursuance of their duties.
“the Act” means the Civic Government (Scotland) Act 1982.
1. Borrowers
1.1 Membership
Any person who is resident in, employed in, at school in, or visiting Inverclyde, may apply to register as a Borrower through the Library Services at any of the Library Premises or online. All persons wishing to become Borrowers must complete an application form and provide two forms of current identification (one of which must show the applicant’s home address). The acceptability or otherwise of the identification shown is at the discretion of the Officer in Charge of Library Services (e-membership doesn’t require identification). Once accepted as a Borrower, such a person will be required, on the request of a Staff Member, to confirm the details provided with their application. Such requests shall not be more often than is reasonably required for conducting the Library Services.
1.2 Children’s Membership
Children aged 11 years and under may become Borrowers on completion of a registration form signed by a parent or other adult with parental responsibility (as guarantor for the child) and on providing acceptable proof of identity. Proof of age may also be requested. Borrowers aged 11 years and under are eligible to borrow books from the Children’s section of the library with Parental permission they can also borrow from the Young Adult section. Borrowers aged from 12 to 15 years are registered as ‘Young Adult’ borrowers and they will be eligible to borrow books from both the Childrens, Young Adult and Adult sections of the library. Any certificated video or multi-media materials will only be issued by branches in accordance with age categories marked on the materials.
There are no restrictions on electronic materials accessed through Borrowbox. Parental guidance is advised.
1.3 Lapsed Membership
Registration as a Borrower in all categories will lapse after a period of two years from last use of the service. Thereafter, re-registration will be required in accordance with this Rule 1.
1.4 Membership Cards
Cards issued for borrowing items from the libraries shall not be transferable. Borrowers are personally responsible for the safekeeping of cards and for items borrowed on their card. Borrowers shall immediately notify any change of address or the loss of a card. A charge may be made for the replacement of lost cards, to be determined from time to time by the Council.
2. Borrowing
2.1 Loan Period
The maximum permitted loan periods for Library Materials will be as determined by the Council from time to time and displayed at all Library Premises. On receipt by the Library service of a request from a Borrower in person, by email, telephone, or online, the loan period may be extended for any item on loan to that Borrower, other than when the item concerned has been requested by another Borrower. No loan shall be extended more than four times. The Officer in charge of Library Services may, at their discretion, reduce the maximum loan period for any item if it is in heavy demand, or for any other appropriate reason.
2.2 Number of items
The maximum number of items which can be borrowed by a Borrower will be as determined by the Council from time to time and displayed all Library Premises.
2.3 Charges for certain materials
Borrowers may borrow audio, DVDs, multi-media and other materials or suggest items for stock according to borrowing entitlements as referred to above and on payment of any charges determined by the Council from time to time and as published at all Library Premises.
2.4 Overdue Items
Borrowers aged 18-59 years of age who retain Library Materials beyond the maximum permitted loan period will be charged for such items at such a rate or rates as shall be determined from time to time by the Council. Borrowers will be notified of any Library Materials retained beyond the maximum permitted loan period, but failure to give such notification shall not relieve the Borrower of the charges.
2.5 Payment for Loss or Damage
Borrowers or guarantors of Borrowers shall be responsible for loss of or damage to Library Materials, and a sum not greater than the total of a) the retail cost of the lost or damaged item and b) such administrative charge or charges in respect of dealing with such loss or damage as may from time to time be determined by the Council as appropriate in such circumstances, will be charged. Damage or defect to an item which is discovered before borrowing should be brought to the attention of a Staff Member.
3. Conduct
All persons shall behave at all times in the Library Premises in a manner which is consistent with standards of good conduct in public libraries, which standards will for the avoidance of doubt include not causing undue noise or disturbance. It shall be a matter in the discretion of individual Staff Members (acting reasonably) as to what shall constitute such standards of good conduct in public libraries. Staff Members shall be entitled to refuse admission to or to expel from the Library Premises any persons who, in the reasonable opinion of those Staff Members, are not conducting themselves in accordance with these standards.
3.1 Dogs, other Animals and Wheeled Conveyances Prohibited
Except with the consent of a Staff Member, no person shall cause or allow any dog (other than an Assistance Dog accompanying a disabled person) or other animal belonging to them or under their control to enter or remain in the library, or bring in any wheeled conveyance other than wheelchairs, mobility scooters, pushchairs, or prams.
3.2 Behaviour in the Library
3.2.1 Any member of the public may refer to materials held in the library, whether lending or reference stock, but no materials may be removed from the library unless duly authorised.
3.2.2 Library users must comply with all directions given to them by Staff Members in the course of their duties.
3.2.3 Smoking / Vaping or consumption of alcohol taking of illegal drugs is not permitted in Library Premises.
3.2.4 Food or drink not purchased in the Library Premises must not be consumed upon Library Premises.
3.2.5 Mobile telephones must be switched to silent and their use must not disturb other library users.
3.2.6 Any person causing offence through personal hygiene or under the influence of alcohol or drugs will be removed and excluded from the Library Premises. Disorderly, violent or insulting behaviour including the use of indecent or offensive language towards other Library Users or Staff Members by any person will result in that person being removed and excluded from the Library Premises
3.2.7 No member of the public shall enter or remain in any part of Library Premises identified for staff or private use.
3.2.8 Parents and carers are responsible for the supervision and behaviour of their children at all times within the Library Premises. Children aged eight years and under must be accompanied by a parent or adult with parental responsibility when visiting the Library Premises. Children between the ages of eight and twelve must not be left unaccompanied by a parent or carer unless part of an organised activity, and with prior agreement. Parents and adults with parental responsibility must undertake to ensure that if their children are left in the care of Staff Members for an organised activity such children behave in a manner considered reasonable and appropriate by Staff Members. The Museum staff reserve the right to ask parents and carers to remove a child from an organised activity if their behaviour is disruptive to other participants.
3.2.9 It is prohibited to undertake sound recording, photography or filming, including filming by the use of mobile phones with cameras, without the prior consent of library staff.
3.2.10 The use of portable audio players (such as mobile phones, iPads/ tablets etc.) within Library Premises is permitted only with the use of headphones, and should not disturb other Library Users.
3.2.11 No trading or sale of goods is permitted in any of the Library Premises, without the consent of the Officer in charge of Library Services.
3.2.12 In the event of the structure, furniture, fittings or other contents of the any of the Library Premises being damaged or destroyed, the person responsible shall be liable for the cost of making good the damage or for replacing the articles destroyed.
3.2.13 The designated opening hours for the Library Premises will be displayed at the premises and no person, other than Staff Members carrying out their duties, shall remain in the Library Premises outwith these hours.
4. Use of Public Access Computers
Any person may use public access computers within the Library Premises, provided however that:
- if they are aged 8 or under, they must be accompanied by a parent or other adult with parental responsibility;
- if they are aged from 9 to 11, they must have written parental consent, as contained within the membership form; and
- if they are not Borrower in terms of Clause 1 of these rules, they must provide acceptable personal identification before they can use the public access computers; and
- they must only do so in accordance with the Acceptable Usage Policy.
The Acceptable Usage Policy is available from all the Library Premises and on all public access computers.
5. General Rules
5.1
Bills, notices or leaflets may be displayed or distributed in any part of the Library Premises only with the consent of the Officer in charge of Library Services.
5.2
The Council shall have no liability in respect of the loss or theft of any item belonging to a Library User.
5.3
At the discretion of the Officer in charge of Library Services, appropriate areas of the Library Premises may be used for community, cultural, educational or social purposes. Such uses shall be controlled by means of a written agreement between the user and the Council.
5.4
Library Users are reminded that the provisions of the general law apply at all times. Any action which would contravene the Copyright, Designs and Patents Act 1988 is strictly prohibited on Library Premises.
5.5
Any person who contravenes these Management Rules may be subject to suspension of their registration as a Borrower and the use of Library Services, at the discretion of the Officer in charge of Library Services.
5.6
A Staff Member may, under Section 116 of the Act:
- where he or she has reasonable grounds for believing a person has contravened or is contravening a management rule, expel that person from the Library Premises; and
- where he or she has reasonable grounds for believing that a person is about to contravene a management rule, exclude that person from the Library Premises.
5.7
A person who persistently contravenes or attempts to contravene these management rules and is, in the opinion of the Council, likely to contravene them again, may be subject to an Exclusion Order by the Council under Section 117 of the Act for a period not exceeding one year.
5.8
Any person who:
i. on being required to leave any Library Premises by an authorised officer of the Council who has reasonable grounds for believing that the person has contravened, is contravening or is about to contravene any of these
Management Rules applying to the Library Premises, fails to leave;
ii. on being informed by an authorised officer who has reasonable grounds for believing that the person is about to contravene any management rule applying to Library Premises that he or she is excluded from the land or premises, enters or attempts to enter the land or premises; or
- being a person subject to an exclusion order under section 117 of the Act, enters or attempts to enter the land or premises to which the exclusion order relates shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale
These Management Rules are, together with the Schedule forming part thereof, executed by being sealed with the Common Seal of Inverclyde Council and signed by Anne Sinclair, Proper Officer of Inverclyde Council at Greenock on the Twenty Sixth day of February Two thousand and Twenty Four.
Schedule
Premises
- Greenock Central Library, Wallace Place, Greenock PA15 1JB
- Gourock Library, Kempock Place, Gourock, PA19 1QU
- Inverkip and Wemyss Bay Library, Inverkip Community Hub, Main Street, Inverkip, PA16 0FZ
- Kilmacolm Library, Lochwinnoch Road, Kilmacolm, PA13 4LE
- Port Glasgow Library, Fore Street, Port Glasgow, PA14 5EQ
- Greenock South West Library, Barr’s Cottage, Greenock, PA16 9HG
- The Watt Institution, 15 Kelly Street, Greenock, PA16 8JX