The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2024

Statutory Instruments

2024 No. 34

Libraries

The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2024

Made

11th January 2024

Laid before Parliament

15th January 2024

Coming into force

5th February 2024

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 representatives of authors and library authorities and of 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 this Order in exercise of that power:

Citation, commencement and extent

1.—(1) This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variation) Order 2024 and comes into force on 5th February 2024.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Commencement of variation

2.  The variation of the Public Lending Right Scheme 1982 whereby article 46(1)(a) is varied by substituting “13.69p” for “30.53p”, comes into force on 5th February 2024.

Parkinson of Whitley Bay

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

11th January 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 5th February 2024 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. This includes remote loans of e-books and audio books. The effect of the variation is to reduce the rate per loan set out in article 46(1)(a) of the Scheme from 30.53p to 13.69p. 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.

A full 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 the Public Lending Right Scheme 1982 (Commencement) Order 1982 (S.I. 1982/719).

(2)

Variations to the Scheme have been brought into force by subsequent orders. Appendix 2 to S.I. 1990/2360 sets out the Scheme as varied by amendments made on 26th November 1990. A number of variations of the kind brought into force by this Order have been made since, the last of which was brought into force by S.I. 2023/21.

(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 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).