Public Lending Right Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 10 |
| Year | 1979 |
(1) In accordance with a scheme to be prepared and brought into force by the Secretary of State, there shall be conferred on authors a right, known as “public lending right”, to receive from time to time out of a Central Fund payments in respect of such of their books as are lent out to the public by local library authorities in the United Kingdom.(2) The classes, descriptions and categories of books in respect of which public lending right subsists, and the scales of payments to be made from the Central Fund in respect of it, shall be determined by or in accordance with the scheme; and in preparing the scheme the Secretary of State shall consult with representatives of authors and library authorities and of others who appear to be likely to be affected by it.(3) ... the Schedule to this Act has effect .... (4) The F3Board shall be charged with the duty of establishing and maintaining in accordance with the scheme a register showing the books in respect of which public lending right subsists and the persons entitled to the right in respect of any registered book.(5) The F4Board shall, in the case of any registered book determine in accordance with the scheme the sums (if any) due by way of public lending right; and any sum so determined to be due shall be recoverable from the F4Board as a debt due to the person for the time being entitled to that right in respect of the book.(6) Subject to any provision made by the scheme, the duration of public lending right in respect of a book shall be from the date of the book’s first publication (or, if later, the beginning of the year in which application is made for it to be registered) until 50 years have elapsed since the end of the year in which the author died.to be established by registration;to be transmissible by assignment or assignation, by testamentary disposition or by operation of law, as personal or moveable property;to be claimed by or on behalf of the person for the time being entitled;to be renounced (either in whole or in part, and either temporarily or for all time) on notice being given to the F5Board to that effect.(1) The Central Fund shall be constituted by the Secretary of State and placed under the control and management of the F8Board .(2) There shall be paid into the Fund from time to time such sums, out of money provided by Parliament, as the Secretary of State with Treasury approval determines to be required for the purpose of satisfying the liabilities of the Fund; but in respect of the liabilities of any one financial year of the Fund the total of those sums shall not exceed £2 million .... (3) With the consent of the Treasury, the Secretary of State may from time to time by order in a statutory instrument increase the limit on the sums to be paid under subsection (2) above in respect of financial years beginning after that in which the order is made; but no such order shall be made unless a draft of it has been laid before the House of Commons and approved by a resolution of that House.(4) There are to be paid out of the Central Fund such sums as may in accordance with the scheme be due from time to time in respect of public lending right.money received by the Board in respect of property disposed of in connection with its functions in relation to public lending right, andmoney otherwise received by the Board in the course of its functions in relation to public lending right, or under this Act,(5A) But an amount required to be paid into the Central Fund under subsection (5) is instead to be paid into the Consolidated Fund if the Secretary of State, with the consent of the Treasury, so directs.(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) As soon as may be after this Act comes into force, the Secretary of State shall prepare the draft of a scheme for its purposes and lay a copy of the draft before each House of Parliament.(2) If the draft scheme is approved by a resolution of each House, the Secretary of State shall bring the scheme into force (in the form of the draft) by means of an order in a statutory instrument, to be laid before Parliament after if is made; and the order may provide for different provisions of the scheme to come into force on different dates.(3) The scheme shall be so framed as to make entitlement to public lending right dependent on, and its extent ascertainable by reference to, the number of occasions on which books are lent out from particular libraries, to be specified by the scheme or identified in accordance with provision made by it.means any one of a local library authority’s collections of books held by them for the purpose of being borrowed by the public; andincludes any such collection which is taken about from place to place.to give information as and when, and in the form in which, the F11Board may call for it or the Secretary of State may direct, as to loans made by them to the public of books in respect of which public lending right subsists, or of other books; andto arrange for books to be numbered, or otherwise marked or coded, with a view to facilitating the maintenance of the register and the ascertainment and administration of public lending right.(6) The F12Board shall... reimburse to local library authorities any expenditure incurred by them in giving effect to the scheme, the amount of that expenditure being ascertained in accordance with such calculations as the scheme may prescribe. (7) Subject to the provisions of this Act (and in particular to the foregoing provisions of this section) , the scheme may be varied from time to time by the Secretary of State, after such consultation as is mentioned in section 1(2) above, and the variation brought into force by an order in a statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament; and the variation may comprise such incidental and transitional provisions as the Secretary
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