The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990

Made: 26th November 1990

Laid before Parliament: 6th December 1990

Coming into force: 27th December 1990

Now therefore, the Lord President of the Council, in exercise of the powers conferred by section 3(7) of the Public Lending Right Act 1979[^f00003] and now vested in him[^f00004], hereby makes the following Order:–

1

This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990.

2

The variations in the Public Lending Right Scheme 1982 which were made on 26th November 1990 by the Lord President of the Council and are set out in Appendix 1 to this Order shall come into force on 27th December 1990; and accordingly on and after that date that Scheme has effect as set out in Appendix 2 to this Order.

APPENDIX 1 — VARIATIONS IN THE PUBLIC LENDING RIGHT SCHEME 1982 MADE BY THE LORD PRESIDENT OF THE COUNCIL ON 26th NOVEMBER 1990

1

The Public Lending Right Scheme 1982 (“the Scheme”) shall be varied by deleting “sub-” in articles 4(2)(b), 9A(6), 14A(ii), in the definition of “principal service point” in article 36, and in article 44(4)(a).

2

Article 6 of the Scheme shall be varied in paragraph (2):–

• (a) by deleting “or” in sub-paragraph (e);

• (b) by inserting “; or” after “periodical” in sub-paragraph (f);

• (c) by inserting after sub-paragraph (f) the following new sub-paragraph–

(g) a book in respect of which an application for first registration of Public Lending Right has not been made before 30th June 1991 and which does not have an International Standard Book Number.

3

Article 36 of the Scheme shall be varied in the definition of “sampling point” by inserting “, or any number of such points in relation to any local library authority,” after “mobile library service point”.

4

Article 38 of the Scheme shall be varied:–

• (a) by substituting for paragraph (1) the following new paragraph–

(1) Such local library authorities as the Registrar may require shall, not later than 30th September in each year, furnish to the Registrar lists, as at 31st March of that year, of all their principal, ordinary and mobile service points. The Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (5) those service points which are to be operative sampling points or which are to be included in operative sampling points as from the beginning of the ensuing sampling year.

• (b) by inserting the following new paragraph after paragraph (1)–

(1A) The Registrar may, at any time after he has designated a sampling point in accordance with paragraph (1), discontinue the designation of that point and designate a new sampling point, such discontinuance and new point to take effect from 1st January in the ensuing sampling year. Notice of discontinuance and designation pursuant to this paragraph shall be given in accordance with paragraph (5).

• (c) in paragraph (2) by–

• (i) inserting “not less than” after “shall be” in sub-paragraph (a);

• (ii) substituting for sub-paragraph (a)(i) the following new paragraph–

(i) 5 points falling within not less than 3 local library authority areas in Group A and 5 points falling within not less than 4 local library authority areas in Group D in Schedule 2,

• (iii) inserting “not less than 3 local library authority areas in” after “falling within” in sub-paragraph (a)(ii);

• (iv) inserting “not less than 3 local library authority areas in” after “falling within” in sub-paragraph (a)(iii);

• (v) inserting “not less than 2 local library authority areas in” after “falling within” in sub-paragraph (a)(iv);

• (vi) substituting for sub-paragraph (e) the following new sub-paragraph–

(e) no operative sampling point shall consist only of a mobile library service point other than an operative sampling point falling within the County of Dyfed, or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clwyd;

• (vii) substituting “during” for “with effect from the beginning of” and substituting “8” for “10 out of the 30” in sub-paragraph (f);

• (viii) substituting for sub-paragraph (g) the following new sub-paragraph–

(g) no operative sampling point shall remain as such for a continuous period of more than 4 years.

• (d) by substituting “which consists of a single principal, ordinary or mobile” for “as a principal or ordinary” in paragraph (3);

• (e) by inserting “a service point which is or is included in” after “close” in paragraph (4);

• (f) by deleting paragraph (5);

• (g) in paragraph (6) by–

• (i) substituting “(5)” for “(6)”; and

• (ii) substituting for sub-paragraph (a) the following new sub-paragraph–

(a) for the purposes of designating that point under paragraphs (1) or (1A), notice in writing of such designation specifying the period ending on 31st December or 30th June, in any sampling year for which he intends the point to be an operative sampling point;

5

Article 42 of the Scheme shall be varied in paragraph (3):–

• (a) by deleting “and” after “group;” in sub-paragraph (a);

• (b) in sub-paragraph (b) by–

• (i) inserting “which consists of a single service point are” after “particular sampling point”;

• (ii) inserting “and” after “article 40”;

• (c) by inserting after sub-paragraph (b) the following new sub-paragraph–

; and (c) the Registrar may disregard any loan of a book made after 30th June 1991 from a sampling point if a local library authority, on the first occasion after 30th June 1991 on which it reports, in accordance with article 40, a loan of that book from that sampling point, does not specify an International Standard Book Number in respect of the book, and the book is not registered at the time of such report.

6

Article 46 of the Scheme shall be varied in paragraph (1)(a) by substituting “1.37p” for “1.39p”.

7

Article 49 of the Scheme shall be varied:–

• (a) in paragraph (3) by–

• (i) inserting “to whom a sum is payable by way of Public Lending Right in respect of that year,” after “each registered owner”;

• (ii) substituting for sub-paragraph (b) the following new sub-paragraph–

(b) the amount of such sum.

• (b) by inserting after paragraph (4) the following new paragraph–

(5) At the request of a registered owner to whom no notice is required to be given under paragraph (3) in respect of any financial year, the Registrar shall supply to him particulars (calculated in accordance with article 42) of the number of notional loans during the sampling year ending in that financial year of any book in respect of which he is the registered owner, provided the request is made no later than six months after the end of that financial year.

APPENDIX 2 — PUBLIC LENDING RIGHT SCHEME 1982

Signed

John MacGregor — Lord President of the Council — 26th November 1990

Explanatory note

(This note is not part of the Order)

This Order brings into force on 27th December 1990 variations to the Public Lending Right Scheme 1982.

Appendix 1 to the Order sets out the variations. The principal changes are as follows.

Variations are made to the provisions relating to the designation of sampling points. The number of sampling points may be increased and the Registrar may include more than 1 service point in any sampling point. Sampling points may be operative for a period of 6 months or, subject to the provisions of the Scheme, for any period which is a multiple of 6 months ending on 31st December or 30th June in any sampling year.

From 30th June 1991 only books with an International Standard Book Number may be registered.

If a local library authority does not specify an International Standard Book Number in respect of an unregistered book when it first reports a loan of that book after 30th June 1991, all loans of that book made after 30th June 1991 from the sampling point in respect of which the local library authority reported such a loan may be disregarded by the Registrar.

Registered authors will no longer receive notification from the Registrar of the number of notional loans of any book in respect of which no sum is payable by way of Public Lending Right. However for a limited period of 6 months such authors will be entitled to a statement recording the notional loans of any such book, upon request to the Registrar.

The sum attributable to each qualifying loan for the purpose of calculating the amount payable in respect of loans of a particular book is decreased from 1.39p to 1.37p.

Footnotes

[^f00001]: The Scheme is set out in the Appendix to S.I. 1982/719.

[^f00002]: The variations were brought into force by S.I. 1983/480, 1688, 1984/1847, 1985/1581, 1986/2001, 2103, 1987/1908, 1988/2070, 1989/2188.

[^f00003]: 1979 c. 10.

[^f00004]: S.I. 1979/907, 1981/207, 1983/879, 1984/1814, 1986/600.

[^f00005]: 1979 c. 10.

[^f00006]: 1956 c. 74.

[^f00007]: 1986 c. 45.

[^f00008]: 1929 c. 1 (N.I.).

[^f00009]: 1872 c. 58.

[^f00010]: 1857 c. 60.