Statutory Instruments

2018 No. 17

Libraries

The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2018

Made

8th January 2018

Laid before Parliament

11th January 2018

Coming into force

12th February 2018

The Public Lending Right Scheme 1982(1) (“the Scheme”) was brought into force on 14th June 1982;

The Scheme has been varied(2);

The Secretary of State, after consultation with the representatives of authors and library authorities and with others who appear likely to be affected, has further varied the Scheme;

Accordingly the Secretary of State, in whom the power conferred by section 3(7) of the Public Lending Right Act 1979(3) is now vested(4), makes the following Order in exercise of the power:

Citation

1. This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variation) Order 2018.

Commencement of variation

2. The variation of the Scheme made by the Secretary of State on 8th January 2018, whereby article 46(1)(a) was varied by substituting “8.20p” for “7.82p”, comes into force on 12th February 2018.

John Glen

Parliamentary Under Secretary of State for Arts, Heritage and Tourism

Department for Digital, Culture, Media and Sport

8th January 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 12th February 2018 a variation of the Public Lending Right Scheme 1982 (“the Scheme”) made by the Secretary of State.

The Scheme provides for payments to be made to authors based on the number of times their books are lent out by public libraries. The effect of the variation is to increase the rate per loan set out in article 46(1)(a) of the Scheme from 7.82p to 8.20p. The rate per loan is the sum attributable to each qualifying loan for the purpose of calculating the amount payable in respect of loans of a particular book by public libraries.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

The Scheme is set out in the Appendix to S.I. 1982/719.

(2)

Variations to the Scheme have been brought into force by subsequent Orders. Appendix 2 of S.I. 1990/2360 sets out the Scheme as varied at that date. Further variations of the kind brought into force by this Order have since been made by S.I. 1992/3049, 1993/3049, 1996/3237, 1999/3304, 2000/3319, 2001/3984, 2002/3123, 2003/3045, 2004/3128, 2005/3351, 2006/3294, 2009/3259, 2011/54, 2012/63, 2012/3123, 2015/7, 2016/15 and 2017/7.

(3)

1979 c. 10. There are amendments to the Act but none are relevant to this Order.

(4)

The functions under section 3(7) of the Public Lending Right Act 1979 (c. 10) were originally vested in the Secretary of State and, after a series of transfer of functions orders (S.I. 1979/907, 1981/207, 1983/879, 1984/1814 and 1986/600), they were transferred back to the Secretary of State by virtue of article 3(1) of and Schedule 1 to the Transfer of Functions (National Heritage) Order 1992 (S.I. 1992/1311).