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Statutory Instruments

1982 No. 719

LIBRARIES

The Public Lending Right Scheme 1982 (Commencement) Order 1982

Made

17th May 1982

Laid before Parliament

1st June 1982

Coming into Operation

14th June 1982

In exercise of the powers conferred on me by section 3 (2) of the Public Lending Right Act 1979, I hereby make the following Order:—

1.  This Order may be cited as the Public Lending Right Scheme 1982 (Commencement) Order 1982 and shall come into operation on 14th June 1982.

2.—(1) The Scheme set out in the Appendix hereto, which has been approved by a resolution of each House of Parliament, shall come into force in the manner hereinafter provided.

(2) The provisions of the Scheme specified in column 1 of the table set out below shall come into force on the dates specified in relation thereto in column 2 of that table:

(1)(2)
Provisions of the SchemeDate on which provisions come into force
Parts I, II and IV, Schedule 2 and Schedule 3 Part I14th June 1982
Part III and Schedule 11st September 1982
Part V, Schedule 3 Part II and Schedule 41st July 1983

Keith Joseph

Secretary of State for Education and Science

17th May 1982

APPENDIXPUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART ITITLE AND INTERPRETATION

Citation and extent

1.  This Scheme may be cited as the Public Lending Right Scheme 1982, and shall extend to the whole of the United Kingdom.

General definitions

2.—(1) In this Scheme, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

“the Act” means the Public Lending Right Act 1979;

“author”, in relation to an eligible book, means a person who is, or one of a number of persons who are, treated as such by Article 4;

“eligible author”, in relation to an eligible book, means an author of that book who is an eligible person;

“eligible book” has the meaning assigned thereto by Article 6;

“eligible person”, in relation to an author, has the meaning assigned thereto by Article 5;

“financial year” means a period of twelve months ending on the 31st March;

“identifying number” means the number entered in the Register in pursuance of Article 8(1)(a)(iv);

“library” means any one of a local library authority's collections of books held by them for the purpose of being borrowed by the public, but does not include any such collection which is taken about from place to place;

“local library authority” has the meaning assigned thereto by section 5(2) of the Act;

“the Registrar” and “the Register” have the meanings assigned thereto by section 5(2) of the Act;

“registered interest” means the interest (being the whole or a share thereof), in the Public Lending Right in respect of a particular book, shown on the Register as belonging to a particular person, and “registered owner” means the person for the time being so registered;

“the registry” means the place at which the Register is for the time being maintained in pursuance of Article 7;

“sampling year” has the meaning assigned thereto by Article 36.

(2) In this Scheme, except where the context otherwise requires, any reference to an Article or to a Part or to a Schedule shall be construed as a reference to an Article contained in, or to a Part of or a Schedule to, this Scheme, as the case may be, and any reference in any Article to a paragraph shall be construed as a reference to a paragraph in that Article.

Delivery of documents and service of notice

3.  Unless the context otherwise requires, any requirement in this Scheme for—

(a)a document or an application to be delivered at the registry or produced to the Registrar or for notice to be given to him, shall be satisfied if the same is either—

(i)delivered in person at the registry between the hours of 11 am and 3pm on a working day; or

(ii)sent through the post by recorded delivery;

(b)a local library authority or a registered owner to be notified of any matter shall be satisfied if such notification is sent through the post.

PART IIBOOKS AND AUTHORS ELIGIBLE UNDER THE SCHEME

Authors

4.—(1) Subject to paragraph (2), for the purpose of this Scheme a person shall be treated as an author of a book if he is either—

(a)a writer of the book; or

(b)an illustrator thereof, which for this purpose includes the author of a photograph (within the meaning of section 48 of the Copyright Act 1956).

(2) Notwithstanding paragraph (1), a person shall not be treated as an author of a book—

(a)unless the fact that he is an author within the meaning of paragraph (1) is evidenced by his being named on the title page of the book; or

(b)if the nature of his contribution thereto is that of an editor, compiler, reviser or translator.

Eligible persons

5.—(1) For the purposes of the Scheme, and in relation to each application by a person relating to an eligible book, he is an eligible person if he is an author (within the meaning of Article 4) of that book who—

(a)is a British citizen or, if not such a citizen (by reason that the British Nationality Act 1981 is not in force or otherwise), is a national of the United Kingdom or of any other member state of the European Economic Community (as for the time being constituted) for the purposes of the Community Treaties; and

(b)at the date of the application has his only or principal home in the United Kingdom, or, if he has no home, has been present in the United Kingdom for not less than twelve months out of the preceding twenty-four months.

(2) In this Article, “principal home”, in the case of a person having more than one home means that one of those homes at which he has been for the longest aggregate period during the twenty-four months immediately preceding the application for registration.

Eligible books

6.—(1) For the purposes of this Scheme, an eligible book is a book (as defined in paragraph (2)) the sole author, or at least one of the authors, of which is an eligible person; and there shall be treated as a separate book—

(a)each volume of a work published in two or more volumes, and

(b)each new edition of a book.

(2) In paragraph (1) “book” means a printed and bound publication (including a paper-back edition) containing not less than 32 such pages of printed text as are mentioned in paragraph (3), or not less than 24 such pages where at least a half of them are pages of poetry or drama: Provided that “book” does not include—

(a)a book bearing, in lieu of the name of an author who is a natural person, the name of a body corporate or an unincorporated association;

(b)a book with four or more authors or, in the case of an encyclopaedia, dictionary or comparable publication, with two or more authors;

(c)a book the copyright in which is vested in the Crown;

(d)a book which has not been offered for sale to the public, or

(e)a serial publication including, without prejudice to the generality of that expression, a newspaper, magazine, journal or periodical.

(3) The pages of printed text referred to in paragraph (2) are pages, other than end papers, of which not less than a half of the area of each page (excluding margins) is occupied by print otherwise than by way of a printed illustration.

PART IIIREGISTRATION OF PUBLIC LENDING RIGHT

The Register

The Register

7.  The Registrar shall establish and maintain a Public Lending Right Register at such place as the Secretary of State may from time to time determine, and upon each such determination notice shall be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, of such place and the time of the commencement of registration thereat.

The content of the Register

8.—(1) The Register shall contain—

(a)particulars of each book in respect of which Public Lending Right subsists, including—

(i)the title of the book;

(ii)the name or names of the persons appearing on the title page as the authors thereof;

(iii)the true identity of an author if different from (ii) above;

(iv)a number for that book, determined by, or in accordance with arrangements made by, the Registrar;

(b)the name and address of each person entitled to the Right in respect of each such book and, if more than one, the share of each such person in such Right.

(2) The Registrar shall also keep at the registry an index whereby all entries in the Register can readily be traced, and for this purpose “index” includes any device or combination of devices serving the purpose of an index.

Registration

9.—(1) Public Lending Right in respect of a book may, and may only, be registered if—

(a)the book is an eligible book, and

(b)the author thereof, or if the book has two or more authors, all the authors thereof (including any who are not eligible persons) are alive at the date of the application for first registration of the Right,

and application in that behalf is made in accordance with Articles 14 and 17.

(2) Subject to paragraph (3), an eligible author's share of the Public Lending Right in respect of an eligible book with two or more authors (including any who are not eligible persons) may, and may only, be registered on application in that behalf made as aforesaid.

(3) The share of the Public Lending Right in such a book as is mentioned in paragraph (2) of an author who was not an eligible person at the time when application was first made for the registration of the share of the Right of any co-author may, and may only, be registered if—

(a)he has become and remains an eligible person, and

(b)all the authors of the book (including any who are not eligible persons) are alive at the date of his application for registration of his share,

and application in that behalf is made as aforesaid.

Dealings to be effected only on the Register

10.  No Public Lending Right in respect of a particular book shall subsist and no transmission of a registered interest shall be effective until such Right or such transmission has been entered in the Register by the Registrar.

Register to be conclusive

11.  The Register shall be conclusive as to whether Public Lending Right subsists in respect of a particular book and also as to the persons (if any) who are for the time being entitled to the Right.

Amendment of the Register

12.  The Register may be amended pursuant to an Order of a Court of competent jurisdiction or by the decision of the Registrar in any of the following cases—

(a)in any case and at any time with the consent of the registered owner or owners of the Right in respect of a particular book;

(b)where a Court of competent jurisdiction or the Registrar is satisfied that an entry in the Register has been obtained by fraud;

(c)where a decision of a Court of competent jurisdiction affects any interest in an eligible book and, in consequence thereof, the Registrar is of the opinion that amendment of the Register is required;

(d)where two or more persons are erroneously registered as being entitled to the same interest in Public Lending Right in respect of a particular book;

(e)where an entry erroneously relates to a book which is not an eligible book;

(f)in any other case where by reason of any error or omission in the Register, or by reason of any entry made under a mistake, it appears to the Registrar just to amend the Register.

Payments consequent upon amendment

13.  The person who, as a result of an amendment of the Register pursuant to Article 12 becomes the registered owner of a registered interest shall be entitled to the payment of Public Lending Right in respect of that interest from the date upon which the Register was amended.

Procedure for Registration

Forms of application

14.  Any application required under this Scheme—

(a)for first registration of Public Lending Right or of an eligible author's share of the Right;

(b)for the transfer of a registered interest, or

(c)for renunciation of a registered interest,

shall be made in writing to the Registrar and provide the information specified in Part I, II or III of Schedule 1 (as the case may be) in such form as he may from time to time require.

Recording of receipt of application

15.  The Registrar shall record the date upon which each application for first registration is received by him.

Completion of registration

16.—(1) When the Registrar is satisfied as to the eligibility of a book for registration and as to the persons entitled to Public Lending Right in respect of that book and, if more than one, of their respective shares therein, the registration shall be completed and, as regards a first registration of the Right, each registration shall be effective as from the day the application was recorded by the Registrar as having been received by him.

(2) On completion of a registration the Registrar shall issue to any person so entered in the Register as having an interest in the Public Lending Right in respect of the book to which the entry relates, an acknowledgment of registration in the form of a copy of the relevant entry, indicating therein the date from which the entry takes effect.

First Registration

Application for first registration

17.—(1) An application for first registration of Public Lending Right in respect of an eligible book—

(a)shall satisfy the requirements of Article 14 and be made by delivery at the registry;

(b)shall be made by an eligible author, and

(c)where the book has two or more authors (including any who are not eligible persons), shall specify the shares of each of them in the Right and, for that purpose, each of those authors shall be a party to the application.

(2) An application for first registration of an eligible author's share of Public Lending Right in respect of an eligible book with two or more authors (including any who are not eligible persons)—

(a)shall satisfy the requirements of Article 14 and be made by delivery at the registry, and

(b)shall be made by the author concerned.

(3) Anything which falls to be done by an author under this Article shall, if he is not of full age, be done by his parent or guardian and that parent or guardian shall be recorded in the Register as the person to whom are payable sums in respect of any registered interest of the author until such time as a transfer of the registration into the author's own name has been recorded in pursuance of Article 25.

Evidence required in connection with the applications

18.  The Registrar may require the submission of evidence to satisfy him that a book is an eligible book and that a person applying as author for the first registration of Public Lending Right, or the registration of a share of the Right, in respect thereof—

(a)is in fact the author of that book;

(b)is an eligible person;

but for the purposes hereof he shall be entitled to rely upon a statutory declaration or a declaration made before a Notary Public.

Subsequent dealings with Public Lending Right

Public Lending Right to be transmissible

19.  A registered interest shall be transmissible by assignment or assignation, by testamentary disposition or by operation of law, as personal or movable property, so long, as regards a particular book, as the Right in respect of that book is capable of subsisting.

Period during which the Right may be transferred

20.  The duration of Public Lending Right in respect of any book and the period during which there may be dealings therein shall be from the date of the book's first publication (or, if later, the beginning of the sampling year in which application is made for it to be registered) until fifty years have elapsed since the end of the sampling year in which the author died or, if the book is registered as the work of more than one author, as regards dealings in the share of the Right attributable to that author, the end of the year in which that author died.

Whole interest to be assigned

21.—(1) The disposition of Public Lending Right, after the first registration thereof, shall, as respects each registered interest in any book, be for the whole of that interest.

(2) On such disposition the interest may be registered in the name of joint owners, being not more than four in number and all being of full age, but in such case the senior only shall be deemed, for the purposes of the Scheme, to be the registered owner; seniority shall be determined by the order in which names stand in the Register.

(3) Subject to Articles 29 and 30, no notice of any trusts, expressed, implied or constructive, shall be entered on the Register or be receivable by the Registrar.

Applications for transfer

22.  Every application for registration of a transfer of Public Lending Right shall satisfy the requirements of Article 14 and be made by delivery at the registry.

Stamp duty

23.—(1) An application for transfer shall bear the proper Inland Revenue stamp impressed thereon to show that all duty payable (if any) in respect of the transaction has been paid.

(2) Where an application for transfer is submitted for the purpose of giving effect to a transaction under a deed or other instrument on which the Inland Revenue stamp has already been impressed, such stamped instrument shall, before completion of the registration, be produced to the Registrar to show that all duty payable (if any) in respect of the transaction has been paid.

Proof of author's existence

24.  It shall be a condition of registration of every transfer that the transferee provides, and gives an undertaking to the Registrar in future to provide at such intervals and in such form as the Registrar may require, evidence that the author is still alive, or, as the case may be, evidence of the author's death.

Registration by an author on attainment of full age

25.  An author whose interest is, pursuant to Article 17(3), registered in the name of his parent or guardian may, on attaining full age, make application to the Registrar in accordance with Articles 21 to 23, so far as they are applicable, for the transfer of the registration of the Right into his own name, and until such transfer has been recorded the Registrar shall be entitled to remit any sums due in respect of the Right to such parent or guardian.

Transmission on death

Registration of personal representatives

26.  On production of the probate, letters of administration, or confirmation of executors of a registered owner, the personal representatives named in such probate, letters or confirmation shall, on production of the same to the Registrar, be registered as owner in place of the deceased owner with the addition of the words “executor or executrix (or administrator or administratrix) of [name] deceased”.

Transfer by personal representatives

27.  The personal representatives registered under the preceding Article may transfer the interest of the deceased owner, such transfer being in accordance with Articles 21 to 24 or such provisions thereof as are applicable in the circumstances of the case.

Transfer on bankruptcy, liquidation or sequestration

Registration of Official Receiver, Official Assignees or Judicial Factor

28.—(1) On the production to the Registrar of an office copy of an Order of a Court having jurisdiction in bankruptcy adjudging a registered owner bankrupt or directing the estate of a deceased registered owner to be administered under section 130 of the Bankruptcy Act 1914 or section 21 of the Bankruptcy Amendment Act (Northern Ireland) 1929, together with a certificate signed by the Official Receiver or Official Assignee, as the case may be, that any registered interest in the name of the bankrupt registered owner, or deceased registered owner, is part of his property divisible amongst his creditors, the Official Receiver or the Official Assignee may be registered as the registered owner in place of the bankrupt or deceased registered owner.

(2) Where there is produced to the Registrar a certified copy of an Order of a Court having competent jurisdiction in Scotland awarding sequestration of the estate of a registered owner (including a deceased registered owner) and appointing a judicial factor the Registrar shall on receipt of such a copy enter in the Register the name of the judicial factor as registered owner with the addition of the words “judicial factor in the estate of [name]”.

Registration of Trustee in Bankruptcy in place of Official Receiver, Assignees in Bankruptcy or Judicial Factor

29.—(1) Where the Official Receiver or the Official Assignee has been registered as registered owner and some other person is subsequently appointed trustee, or, in Northern Ireland, a creditor's assignee is appointed, the trustee or the assignee may be registered as registered owner in place of the Official Receiver, or the Official Assignee, on production of an office copy of the certificate by the Department of Trade of his appointment as trustee, or in Northern Ireland an office copy of the certificate under section 90 of the Bankruptcy (Ireland) Amendment Act 1872 or of the certificate of the vesting of the estate and effects of the registered owner in the assignee.

(2) Where a judicial factor has been registered as an owner in terms of Article 28(2) and some other person is subsequently elected as a trustee for behoof of the creditors of the former registered owner, the Registrar, on receipt of the notification of such election and of sufficient evidence to demonstrate that that person has been so elected, shall enter in the Register the name of the trustee as registered owner with the addition of the words “trustee in the estate of [name]”.

(3) If the Official Receiver or the Official Assignee has not been entered on the Register under Article 28 (1) the trustee or the assignee may be registered as registered owner on production of office copies of the Order adjudging the registered owner bankrupt and the appropriate certificate referred to in paragraph (1) with a certificate signed by the trustee or the assignee that the registered interest is part of the property of the bankrupt divisible amongst his creditors.

(4) If a judicial factor has not been entered in the Register as owner under Article 28(2) the Registrar shall, on receipt of the certified copy of an Order of a Court under Article 28(2) together with the notification and evidence referred to in paragraph (2), enter in the Register as registered owner the name of the duly elected trustee with the addition of the words “trustee in the estate of [name]”.

Registration of a trust under a Scheme of Arrangement or an Arrangement under the control of the Court

30.—(1) If any registered interest is vested in a trustee under the provisions of a Scheme of Arrangement approved by a Court having jurisdiction in bankruptcy, the Official Receiver or other trustee may be registered as owner in like manner as a trustee in bankruptcy upon production of an office copy of the Scheme of Arrangement, a certificate signed by the Official Receiver, or such other trustee, that the registered interest was part of the property vested in him under the provisions of the Scheme, and in the case of a trustee other than the Official Receiver, an office copy of the certificate by the Department of Trade of his appointment as trustee.

(2) If any registered interest of an arranging debtor who is a registered owner is vested in the Official Assignee alone or jointly with other persons under section 349 of the Irish Bankrupt and Insolvent Act 1857, the Official Assignee and such other persons (if any) may be registered as owner in his place on production of an office copy of the Order of the Court approving and confirming the resolution or agreement referred to in the said section with a certificate by the Official Assignee identifying the arranging debtor named in the Order of the Court with the registered owner endorsed thereon and a certificate signed by the Official Assignee and other such person (if any) that the registered interest was part of the property vested under the resolution or agreement.

(3) If, as regards Scotland, a registered owner—

(a)has entered into a deed of arrangement for behoof of his creditors, the Registrar shall, on receiving a certified copy of the Order of the Court approving such arrangement, enter on the Register as owner the name of the person who is under the said deed of arrangement to receive any payments due to the owner (where that person is not the registered owner at the date of approval of the arrangement);

(b)has entered into a private trust deed or composition contract for behoof of his creditors, the trustee under such deed or contract may make an application, accompanied by such evidence as the Registrar may require, for transmission of the registered interest into his name as such trustee; and on receipt of such an application the Registrar shall make the appropriate entry in the Register.

Liquidation of a company

31.  In the liquidation of a company in which an interest in Public Lending Right is vested, any resolution or order appointing a liquidator may be filed and referred to on the Register, and, when so registered, shall be deemed to be in force until it is cancelled or superseded on the Register.

Renunciation

32.—(1) On making application in that behalf which satisfies the requirements of Article 14, the registered owner of a registered interest may absolutely and unconditionally renounce that interest as provided in paragraph (2).

(2) Such renunciation may, as to extent, be in respect of either the whole or a half share of the registered interest and may be effective for all time, or in respect of such financial years as shall be specified by the registered owner.

(3) An application for renunciation shall bear the proper Inland Revenue stamp impressed thereon.

(4) The Registrar shall as at the date from which the renunciation is to have effect amend the Register—

(a)in the case of a renunciation for all time of the whole of the registered interest by removing from the Register the entry relating to the registered owner and, if that interest represents the whole of the Public Lending Right in a book, the entry relating to that book; or

(b)in all other cases, by noting against the relevant entry in the Register the extent of the renunciation and the period during which it is effective.

(5) Immediately upon the amendment of the Register as provided in paragraph (4), any sum due by way of Public Lending Right which, apart from the renunciation would become payable to the registered owner by 31st March in any year falling within the period to which the renunciation applies, shall cease to be so payable.

General

Neglected applications for registration

33.  Where in the case of any application for first or any subsequent registration an applicant has failed to provide within three months information requested by the Registrar, notice may be given to the applicant that the application will be treated as abandoned unless the information is duly furnished within a time (not being less than one month) determined by the Registrar and specified in the notice; and if, at the expiration of that time, the information so requested is not furnished, the application may be treated as abandoned.

Removal of entries from the Register

34.  Where the Registrar, pursuant to section 4(5) of the Act, directs the removal from the Register of any entry relating to a book in whose case no sum has become due by way of Public Lending Right for a period of at least ten years, any subsequent application for the entry to be restored to the Register may be made only by the person who, at the date of the removal of the entry, was the registered owner, or by his legal personal representatives.

Copies of entries in the Register

35.—(1) The Registrar shall not supply a copy of any entry in the Register otherwise than to—

(a)a registered owner, as regards any entry which relates to his registered interest; or

(b)such other person as the registered owner may direct, but if the entry in question also relates to other registered owners, only with the consent of all such owners.

(2) The Registrar may require a payment of a fee for supplying a copy of an entry in the Register, not exceeding £5 in respect of each such entry.

PART IVASCERTAINMENT OF THE NUMBER OF LOANS OF BOOKS

Special definitions

36.  In this Part, unless the context otherwise requires—

“copy” means an individual copy of a particular book, and “copy number” means a number which distinguishes the copy to which it is applied from other copies of the same book in the same library;

“group”, in relation to service points, means a group specified in Schedule 2;

“loans” means loans whereby books are lent out from a service point to individual borrowers, and includes loans of books not normally held at that service point;

“month” means one of the twelve months in the calendar year;

“operative sampling point” means a sampling point at which loans are for the time being required to be recorded in pursuance of Article 40(1);

“ordinary service point” means a service point from which fewer than 500,000 loans were made during the preceding period of twelve months;

“participating period”, in relation to a sampling point, means the period commencing on the date on which the local library authority having responsibility for it receives from the Registrar notice of designation pursuant to Article 38(6) and ending on the date specified in a notice given thereunder as the date upon which it is to cease to act as a sampling point;

“principal service point”, in relation to a library authority, means any of the following—

(a)

whichever of the service points for which that authority is responsible is the service point from which the greatest number of loans were made during the preceding period of twelve months;

(b)

any service point for which that authority is responsible, the number of loans from which during the preceding period of twelve months was not less than three-quarters of the number of loans made from the service point referred to in sub-paragraph (a) during the same period;

(c)

any other such service point from which 500,000 or more, loans were made during the aforesaid period;

and “principal service points” means every service point which is a principal service point in relation to any library authority;

“sampling point” means any principal service point or ordinary service point which has been designated, for the time being, by the Registrar under Article 38;

“sampling year” means the period of twelve months ending on 30th June;

“service point” means a place from which books comprised in a library are lent out to the public at large.

Number of loans to be ascertained by means of a sample

37.  The number of occasions on which a book is lent out shall be determined by means of a sample of the lendings of that book from particular service points, designated in accordance with the provisions of this Part; and for the purpose of the sample, service points shall be classified into the groups, according to local library authority areas, specified in Schedule 2.

Designation of sampling points

38.—(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 ordinary service points and all their principal service points, and the Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (6) those service points which are to be operative sampling points as from the beginning of the ensuing sampling year.

(2) The Registrar shall so exercise his powers under this Article as to secure, subject to paragraph (4), that—

(a)at all times there shall be 16 operative sampling points comprising—

(i)3 points falling within each of Groups A and B in Schedule 2, in each case, subject to paragraph (3), including a principal service point and an ordinary service point, and

(ii)2 points falling within each of the other groups, subject to paragraph (3), being a principal service point and an ordinary service point respectively;

(b)at all times one of the 2 operative sampling points falling within Group E in Schedule 2 shall be within either the county of Dyfed or that of Gwynedd;

(c)with effect from the beginning of each sampling year, 4 out of the 16 operative sampling points shall be replaced by new such points, and

(d)no service point remains an operative sampling point for a continuous period of more than four years.

(3) The relevant local library authority shall notify the Registrar of any change in the categorisation of a sampling point as a principal or ordinary service point but the Registrar shall not be required by paragraph (2)(a) to discontinue the designation of the point as a sampling point before the expiry of the sampling year in which he receives such notice or, if that year has less than six months to run, before the expiry of the next following sampling year.

For the purposes of this paragraph and of paragraph (2)(a), a change in the categorisation of a sampling point shall be disregarded if it is occasioned by an increase or decrease of less than 10% in the number of loans made therefrom.

(4) The local library authority shall notify the Registrar of any decision to close a sampling point and the date on which the closure takes effect but, if it is not reasonably practicable for the Registrar to satisfy the requirements of paragraph (2) before the closure takes effect, those requirements shall be treated as satisfied if satisfied as soon as is reasonably practicable thereafter.

(5) If it appears to the Registrar that an accurate sample would thereby be obtained more effectively, he may with effect from the beginning of the next sampling year, replace an existing sampling point by a new point, by designating such new sampling point in accordance with paragraphs (2) and (6), and by notifying the local library authority responsible that the existing sampling point is to be discontinued.

(6) The Registrar shall give to the local library authority responsible for a sampling point—

(a)for the purposes of designating that point under paragraph (1), notice in writing of such designation specifying the period he intends the point to be an operative sampling point;

(b)for the purpose of discontinuing that point as a sampling point, not less than six months notice in writing of such discontinuance.

Provision by libraries of recording facilities

39.  Upon receipt of a notice under Article 38(6)(a) a local library authority shall—

(a)arrange for every book which may be lent out from the sampling point to which the designation refers to be marked, in such form as the Registrar may require, with its identifying number and (where more than one copy may be lent out) copy number, and shall notify the Registrar at such time and in such manner as he may direct of the number of books so marked; and

(b)acquire, in accordance with arrangements approved by the Registrar, such equipment (including computer programs) as may be necessary to enable the authority to comply with the provision of Article 40 regarding the furnishing of information to the Registrar.

Duty to record lendings

40.—(1) A local library authority which has received a notice under Article 38(6)(a) shall, for such period as is specified in the notice, record every occasion on which a copy of a book is lent out to the public from the sampling point to which the notice refers and shall furnish to the Registrar, in such form and at such intervals as he may direct, details of such lendings, including the identifying number and any copy number of the copy in question.

(2) For the purpose of this Article each volume of a work published in two or more volumes shall be treated as a separate book.

Provision of book loan data

41.  Each local library authority shall submit to the Registrar, in such form, at such intervals and in respect of such periods as he may direct, a return of the total number of occasions on which the books comprised in all its collections were the subject of loans.

Method of determining the number of notional loans

42.—(1) The Registrar shall, from the details of loans furnished to him by local library authorities pursuant to the provisions of this Part (upon the accuracy of which the Registrar shall be entitled to rely), calculate, in accordance with paragraph (2), the number of notional loans of each book in respect of which Public Lending Right subsists in each sampling year.

(2) The number of notional loans of each book made during a sampling year shall be the aggregate of the number of notional loans of that book made in all groups; and the number of notional loans for a group shall be determined in accordance with the following formula:—

No math image to display

  • A represents the number of loans of that book recorded during the sampling year at the operative sampling points in that group;

  • B represents the total number of loans of books made to the public during the sampling year from the operative sampling points in that group; and

  • C represents the aggregate of the loans of all books made to the public from all libraries (within the meaning of section 3(4) of the Act) in the area of the group during the financial year ending in the sampling year in question, or, as regards any particular library for which loan data relating to that financial year is not available to the Registrar, the most recent financial year for which he has such data.

(3) For the purposes of paragraph (2) any loans of a copy of a book at a particular sampling point in excess of twelve within a month shall be disregarded.

Reimbursement of local library authorities

43.—(1) The Registrar shall, subject to the provisions of this Article and Article 44, reimburse to local library authorities the net expenditure incurred by them in giving effect to this Scheme.

(2) It shall be the duty of local library authorities to keep proper accounts and records in respect of the expenditure (including overhead expenses) incurred by them in giving effect to this Scheme and the Registrar may withhold payment to a local library authority, in whole or in part, until such time as such authority has furnished to him sufficient evidence as to the amount of the expenditure so incurred.

Expense incurred in respect of sampling points

44.—(1) Without prejudice to the generality of Article 43(2) each local library authority to which a notice has been given under Article 38(6)(a) shall submit to the Registrar at such time and in such form as he may require estimates of the net expenditure to be incurred in giving effect to this Scheme at the sampling point or points specified in such notice.

(2) Such local library authority may from time to time during the participating period submit to the Registrar claims in respect of the expenditure incurred, or estimated to have been incurred by it, and the Registrar shall be entitled to rely upon the accuracy of such claims and to make payments on account of the expenditure incurred by that authority in giving effect to the Scheme.

(3) The total amount payable by way of reimbursement to such local library authority shall be finally determined by the Registrar after examination of such audited financial statements and such books, records, documents, and accounts relating thereto as he may require; and any balance found after such final determination to be due by or to the Registrar in account with the local library authority in question shall be paid to or recovered from such local library authority.

(4) In reckoning the net expenditure for the purposes of this Article and of Article 43, the following shall be deducted from the gross expenditure incurred by a local library authority in connection with a sampling point—

(a)any sum received in connection with the disposal (by sale, lease or otherwise) of any property or equipment purchased pursuant to sub-paragraph (b) of Article 39;

(b)any sum which it might reasonably be expected would have been received on such a disposal (whether or not there has been a disposal of the property or equipment in question);

(c)any insurance monies received in respect of the loss or destruction of or damage to any such property or equipment;

(d)an amount representing the appropriate proportion of the net cost (whether by way of purchase, lease, or otherwise) of any property or equipment which is used by a local library authority partly in connection with this Scheme and partly for other purposes not connected therewith:

Provided that where deductions are made under both sub-paragraphs (a) and (b) in respect of the same property or equipment, the aggregate deductions thereunder shall not exceed whichever is the greater of the sums mentioned in those sub-paragraphs.

(5)In determining the amount finally to be paid to or recovered from a local library authority pursuant to paragraph (3), account shall be taken of any expenditure reasonably incurred by that authority in discontinuing the sampling point.

Establishment of initial sample

45.  The provisions set out in Part I of Schedule 3 shall have effect for the purpose of establishing the initial sampling points under this Scheme.

PART VCALCULATION AND PAYMENT OF PUBLIC LENDING RIGHT

Determination of the sum due in respect of Public Lending Right

46.—(1) For any financial year, the sum due by way of Public Lending Right in respect of a registered interest to the registered owner thereof shall be ascertained by reference to—

(a)the product of the number of notional loans attributable to that interest (calculated in accordance with paragraph (4)) and 0-5p, and

(b)the aggregate amount of that product and the like products in the case of all other registered interests which initially were registered interests of the same author.

(2) Subject to paragraph (3) the sum so due for the financial year shall be—

(a)except where the following sub-paragraph applies, the product mentioned in paragraph (1)(a);

(b)if the aggregate amount mentioned in paragraph (1)(b) exceeds £5,000, the product of

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where— x is the number of notional loans attributable to the interest in question, andy is the aggregate of that number and the number of notional loans attributable to all other registered interests which initially were registered interests of the same author.

(3) If the amount determined in accordance with paragraph (2) is less than £5, the sum due in respect of the registered interest shall be nil.

(4) For the purposes of paragraphs (1) and (2) (b), the number of notional loans attributable to any registered interest in any financial year shall be calculated by ascertaining, in accordance with Article 42(2), the number of notional loans of the book to which it relates which were made during the sampling year ending in that financial year, and shall be—

(a)if the registered interest represents the whole of the Public Lending Right in respect of that book, the total notional loans of the book in question;

(b)if the registered interest relates only to a share of the Public Lending Right in respect of that book, such proportion of the total notional loans of the book as the registered interest bears to the whole of the Public Lending Right in that book, fractions of a loan being disregarded;

(c)if the Right in respect of that registered interest has been renounced in part, such proportion of the notional loans attributable to the registered interest under sub-paragraph (a) or (b), as the case may be, which the unrenounced share bears to the whole of the registered interest, fractions of a loan being disregarded;

(d)nil, if the Right in respect of the registered interest has been wholly renounced for the financial year in question.

(5) For the purposes of paragraphs (1) and (2)(b), the references to interests which were initially registered interests of the same author include interests which, in pursuance of Article 17(3), were registered in the name of his parent or guardian.

Persons to whom the payment is due

47.  The person entitled to the Public Lending Right in respect of any registered book in any financial year shall be the registered owner thereof as at 30th June of that year.

Right to be claimed

48.—(1) No payment shall be made in respect of Public Lending Right unless that Right has been claimed by or on behalf of the person for the time being entitled.

(2) A claim in respect of the Right may be made for—

(a)a specified period;

(b)an unspecified period determinable by not less than three months written notice of termination given to the Registrar by or on behalf of the person for the time being entitled to the Right.

(3) A claim shall automatically lapse in the event of any change of ownership recorded on the Register, subsequent to first registration thereof, in respect of the Right to which the claim relates.

Notification of entitlement and payment of sums due under the Scheme

49.—(1) Any sum payable by way of Public Lending Right in respect of a registered interest, for any financial year, shall (unless sooner paid) fall due for payment on the last day of that year.

(2) Any such sum may be paid by cheque or warrant sent through the post directed to the registered address of the registered owner or, in the case of joint owners, to the registered address of the senior owner (as defined in Article 21(2)), or to such person and to such address as the owner or joint owners may direct by a written payment mandate to the Registrar, delivered at the registry, in the form set out in Schedule 4 or a form to the like effect; every such cheque or warrant shall be made payable to the order of the person to whom it is sent and any one of two or more joint owners may give a good receipt for any money due to them under this Scheme.

(3) The Registrar shall at the end of each financial year, or as soon as is reasonably practicable thereafter, inform each registered owner, by notice posted to his registered address of—

(a)the notional number of lendings for that year of each book in respect of which he is a registered owner; and

(b)the sum, if any, payable to him by way of Public Lending Right for each such book for the year in question.

(4) If, after the Registrar has notified the registered owner as provided in paragraph (3), the cheque or warrant for the sum referred to therein is not presented for payment and thereby lapses—

(a)there shall be no further duty on the part of the Registrar to take steps to trace the registered owner and it shall be the responsibility of such owner to make application to the Registrar for payment; and

(b)if at the end of six years from the date upon which a payment in respect of Public Lending Right becomes due no such application has been made by the person entitled thereto, the entitlement to such payment shall lapse.

Power to call for information

50.  The Registrar may at any time require a statutory declaration or other sufficient evidence that an author or any registered owner is alive and is the person to whom money is payable under this Scheme, and may withhold payment until such declaration or evidence as he may require is produced.

Interest

51.  No sum determined to be due under this Scheme shall carry interest.

Initial payment to authors

52.  The provisions of Part II of Schedule 3 shall have effect for the purpose of determining the first sums payable in respect of Public Lending Right under this Scheme.

Article 14

SCHEDULE 1INFORMATION TO BE PROVIDED IN CONNECTION WITH APPLICATIONS

PART IAPPLICATION FOR FIRST REGISTRATION

Each application shall provide the Registrar, in such form as he may from time to time require, with the following—

1.  The title of the book to which the application relates.

2.  The name of every person named on the title page as author (within the meaning of Article 4).

3.  The true identity (if different from 2 above) of each such person, and his address.

4.  The International Standard Book Number (if any) of the book.

5.  A statutory declaration or a declaration made before a Notary Public (in respect of each applicant if more than one) deposing to the fact that (in each case) the conditions as to eligibility specified in Part II of the Scheme are satisfied at the date of application.

6.  In the case of a work by more than one author, a joint declaration by all the authors as to their respective shares of the Public Lending Right.

7.  In the case of an author not of full age, a declaration by the applicant that he is the parent or guardian, as the case may be, of the author, and a copy of the author's birth certificate.

PART IIAPPLICATION FOR TRANSFER OF REGISTERED INTEREST

Each application shall provide the Registrar, in such form as he may from time to time require, with the following—

1.  The title of the book.

2.  The International Standard Book Number (if any) of the book.

3.  The name and address of the transferor.

4.  The name and address of the transferee.

5.  An undertaking by the transferee to furnish to the Registrar, whenever so required, proof that the author is still alive.

PART IIIAPPLICATION FOR RENUNCIATION OF REGISTERED INTEREST

Each application shall provide the Registrar, in such form as he may from time to time require, with the following—

1.  The name and address of the person renouncing.

2.  The title of the book to which the renunciation relates.

3.  The International Standard Book Number (if any) of the book.

4.  The extent of the Right being renounced.

5.  The period in respect of which the Right is renounced.

Articles 36-38

SCHEDULE 2GROUPING OF SERVICE POINTS

Service points shall be grouped according to local library authority areas as follows—

GROUP A

Those within the areas of the following non-metropolitan counties—

GROUP B

Those within the areas of the following non-metropolitan counties—

GROUP C

GROUP D

GROUP E

GROUP F

GROUP G

Articles 45 and 52

SCHEDULE 3TRANSITORY PROVISIONS

PART IESTABLISHMENT OF INITIAL SAMPLE

1.  For the purpose of establishing the initial sampling points, Article 38 shall have effect subject to the following modifications.

2.  Paragraph (1) shall have effect as if there were substituted the following provision:—

“(1) The Registrar shall, not later than three months after the coming into operation of Part IV, designate in accordance with paragraph (6) those service points which are to serve as the initial sampling points”.

3.  If notices given under Article 38(6)(a) specify periods beginning after the first day of the first sampling year—

(a)paragraph (2)(c) shall have effect as if the reference to the beginning of each sampling year were a reference to the beginning of the third and each subsequent sampling year, and

(b)for the purposes of paragraph (2)(d) the period before the beginning of the second sampling year shall be disregarded.

PART IIINITIAL PAYMENT TO AUTHORS

1.  If notices given under Article 38(6)(a) specify periods beginning after the first day of the first sampling year then, for the purpose of ascertaining, in the financial year in which the first sampling year ends, sums due by way of Public Lending Right, Articles 42 and 46 shall have effect subject to the following modifications.

2.  Articles 42(2) and 46(4) shall have effect as if any reference to the sampling year were a reference to so much thereof as falls on and after the day from which loans are required to be recorded.

Article 49

SCHEDULE 4PAYMENT MANDATE

EXPLANATORY NOTE

This Order brings into force the Public Lending Right Scheme 1982, under which authors are enabled to receive annual payments in respect of loans of their books from public libraries.

Parts I, II and IV, which are brought into force on 14th June 1982, define the scope of the Scheme and provide for the recording of loans at a number of designated libraries.

Part III, brought into force on 1st September 1982, sets out the arrangements for authors to register books which are eligible under the Scheme, and to transfer or renounce an interest in any particular book.

Part V, brought into force on 1st July 1983, provides for authors to receive payments under the Scheme, at a rate of 0.5p for each loan.