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The objective of these Regulations is to prescribe, for the purposes of the Libraries Act 1988—
forms for the surrender, transfer or conveyance of library land and land formerly used for library purposes; and
the time for the lodging of objections to the surrender, transfer or conveyance of that land.
These Regulations are made under section 53 of the Libraries Act 1988.
These Regulations come into operation on 6 September 2020.
The Library Purposes Trusts Regulations 2010[1] are revoked.
In these Regulations—
the Act means the Libraries Act 1988.
An application under section 42(2) of the Act must be in the form set out in Schedule 1.
A request under section 43(4) of the Act must be in the form set out in Schedule 2.
An application under section 43(8) of the Act must be in the form set out in Schedule 3.
A notice under section 43(10) of the Act must be in the form set out in Schedule 4.
For the purposes of section 43(11)(b) of the Act, the prescribed period is 30 days from the date of publication of the notice.
Schedule 1—Application under section 42(2) for authority to surrender library land to the Crown
Regulation 6
Libraries Act 1988
Library Purposes Trusts Regulations 2020
Application under Section 42(2) for Authority to Surrender Library Land to the Crown
To the Minister
*I/We [full name of applicant]
of [address]
being the trustee/s of the library land described below and the council of the municipal district of [name of district] apply for authority to surrender the land to the Crown.
Description of land: [describe land]
The land—
is library land and is no longer required for library purposes; and
is not subject to any mortgage or charge; and
*is not subject to any lease, tenancy or licence
*is subject to a lease, tenancy or licence [include particulars].
Dated
Signed
in the presence of
The seal of the council of the municipal district was affixed by
in the presence of
*Consent of lessee
I [full name of lessee]
of [address]
being the lessee of the land described above consent to this application to surrender the land to the Crown.
Dated
Signed
in the presence of
*Delete if inapplicable.
Schedule 2—Request to the Minister under section 43(4) for a declaration under section 43(6)
Regulation 7
Libraries Act 1988
Library Purposes Trusts Regulations 2020
Request to the Minister under Section 43(4) for a Declaration under Section 43(6)
To the Minister
*I/We [full name of person making request]
of [address]
being an eligible person as defined in paragraph *(a)/(b)/(c) of section 43(2) of the Act [include evidence] request the Minister to make a declaration under section 43(6) of the Act.
The land described below has been used for library purposes and in *my/our opinion is no longer required for those purposes [include evidence].
Description of land: [describe land]
Dated
Signed
in the presence of
I [full name] being the chief executive officer of the council of the municipal district of [name of district] certify that, after having made reasonable enquiries, I am satisfied the land has been used for library purposes and is no longer required for those purposes.
Dated
Signed
in the presence of
*Delete if inapplicable.
Schedule 3—Application under section 43(8) for authority to surrender, transfer or convey land formerly used for library purposes
Regulation 8
Libraries Act 1988
Library Purposes Trusts Regulations 2020
Application under Section 43(8) for Authority to Surrender, Transfer or Convey Land Formerly Used for Library Purposes
To the Minister
*I/We [full name of applicant]
of [address]
being an eligible person as defined in paragraph *(a)/(b)/(c) of section 43(2) of the Act [include evidence] apply for authority—
*to surrender to the Crown the land described below
*to transfer or convey the land described below to the council of the municipal district of [name of district].
Description of land: [describe land]
The land *is/is not subject to any mortgage or charge.
The land *is/is not subject to any lease, tenancy, licence, estate, interest or equity of redemption.
The land is not library land within the meaning of the Libraries Act 1988.
Dated
Signed
in the presence of
Consent of council (if council not applicant)
The council of the municipal district of [name of district] consents to this application.
The seal of the council of the municipal district was affixed by in the presence of
Consent of lessee, mortgagee or other person having an estate, interest or equity of redemption in the land
I [full name]
of [address]
being [describe nature of interest in the land e.g. lessee, mortgagee] of the land described above consent to this application.
Dated
Signed
in the presence of
*Delete if inapplicable.
Schedule 4—Notice under section 43(10) of application to surrender, transfer or convey land formerly used for library purposes
Regulation 9
Libraries Act 1988
Library Purposes Trusts Regulations 2020
Notice under Section 43(10) of Application to Surrender, Transfer or Convey Land Formerly Used for Library Purposes
TAKE NOTICE that an application has been made by [full name of applicant] of [address] to the Minister administering the Libraries Act 1988 for authority under section 43(8) of the Act—
*to surrender to the Crown the land described below
*to transfer or convey the land described below to the council of the municipal district of [name of district].
Any person wishing to object to the granting of the application may lodge with the Minister at [address of principal office of the Minister] a written objection within 30 days from the date of publication of this notice.
Description of land: [describe land]
*Delete if inapplicable.
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