Criminal and administrative aspects of legislation governing libraries and archives : 1927 to date

Abstract

The thesis gives a chronological treatment of the development of Maltese legislation relating to the Notarial Archives, Public (or National) Library, and National Archives, and examines the criminal and administrative aspects as are set out in the respective legislation. Chapter One presents a historico-legal narrative on the development and milestones from 1927 to date of the Notarial Profession and Notarial Archives Act (Chapter 55 of the Laws of Malta), the Public Libraries Ordinance (Chapter 92 of the Laws of Malta), and the National Archives Act (Chapter 447 of the Laws of Malta). A synopsis of the achievement of self-government is included to give an overview of how it led to the transformation that occurred in the subsequent years, in relation to legislation as a result of new alterations to the institutions. Chapter Two briefly outlines the difference between primary and secondary legislation, and then focuses on the enforcement mechanisms and the punishments imposed for non-compliance with the provisions of the current legislation, under which the Notarial Archives, the National Library, and the National Archives function. Reference to the Criminal Code (Chapter 9 of the Laws of Malta) is made as it is relevant to the subject matter. Chapter Three ensues by dealing with the administrative aspect of such legislations, taking into account only the role players responsible for the running of the institutions and for enforcing the provisions of the law. Chapter Four then evaluates the legislations. In the case of the National Archives Act comparison is made between the National Archives Act 1990 (Chapter 339 of the Laws of Malta) and its replacement by the National Archives Act 2005, drawing forth the divergent objectives between them. The Bill regulating the Malta Libraries (Bill No. 69 of 2010), which is in the pipeline to be adopted, is also surveyed.