The Public Lending Right Scheme 1982 (Commencement of Variations) (Northern Ireland) Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st July 2021 variations to the Public Lending Right Scheme 1982 (“the Scheme”) made by the Secretary of State.

The Public Lending Right Act 1979 (the “1979 Act”) confers a right for authors (known as “the public lending right”) to receive payments out of a central fund, based on the number of times their books are lent out by public libraries in the United Kingdom. The public lending right is administered in accordance with the Scheme.

The Scheme is being varied as a result of the extension of the public lending right to include remote loans of e-books and audio-books from public libraries, which comes into force in Northern Ireland on 30th June 2021.

In article 36 of the Scheme, the definitions of “loans” and “service points” are amended to reflect the extension of the public lending right to remote lending of e-books and audio-books, following amendments to the definition of “lent out” in the 1979 Act (made by section 31 of the Digital Economy Act 2017). Article 42(3)(b) is varied to restrict the operation of this provision to loans of physical books and audio-books. These variations were made to the Scheme for England and Wales and Scotland with effect from 1st July 2018, and are now being extended to Northern Ireland.

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