Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990

JurisdictionUK Non-devolved
CitationSI 1990/2360
Year1990

1990 No. 2360

LIBRARIES

The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990

Made 26th November 1990

Laid before Parliament 6th December 1990

Coming into force 27th December 1990

Whereas the Public Lending Right Scheme 19821(“the Scheme”) was brought into force on 14 June 1982;

Whereas the Scheme has been varied2;

And whereas the Lord President of the Council has, after consultation with representatives of authors and library authorities and of others who appear likely to be affected, further varied the Scheme;

Now therefore, the Lord President of the Council, in exercise of the powers conferred by section 3(7) of the Public Lending Right Act 19793and now vested in him4, hereby makes the following Order:–

S-1 This Order may be cited as the Public Lending Right Scheme 1982...

1. This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990.

S-2 The variations in the Public Lending Right Scheme 1982 which...

2. The variations in the Public Lending Right Scheme 1982 which were made on 26th November 1990 by the Lord President of the Council and are set out in Appendix 1 to this Order shall come into force on 27th December 1990; and accordingly on and after that date that Scheme has effect as set out in Appendix 2 to this Order.

John MacGregor

Lord President of the Council

26th November 1990

APPENDIX 1

VARIATIONS IN THE PUBLIC LENDING RIGHT SCHEME 1982 MADE BY THE LORD PRESIDENT OF THE COUNCIL ON 26th NOVEMBER 1990

SCH-1.1

1. The Public Lending Right Scheme 1982 (“the Scheme”) shall be varied by deleting “sub-” in articles 4(2)(b), 9A(6), 14A(ii), in the definition of “principal service point” in article 36, and in article 44(4)(a).

SCH-1.2

2. Article 6 of the Scheme shall be varied in paragraph (2):–

(a) by deleting “or” in sub-paragraph (e);

(b) by inserting “; or” after “periodical” in sub-paragraph (f);

(c) by inserting after sub-paragraph (f) the following new sub-paragraph–

(g)

(g) a book in respect of which an application for first registration of Public Lending Right has not been made before 30th June 1991 and which does not have an International Standard Book Number.

SCH-1.3

3. Article 36 of the Scheme shall be varied in the definition of “sampling point” by inserting “, or any number of such points in relation to any local library authority,” after “mobile library service point”.

SCH-1.4

4. Article 38 of the Scheme shall be varied:–

(a) by substituting for paragraph (1) the following new paragraph–

SCH-1.1

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 principal, ordinary and mobile service points. The Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (5) those service points which are to be operative sampling points or which are to be included in operative sampling points as from the beginning of the ensuing sampling year.

”;

(b) by inserting the following new paragraph after paragraph (1)–

SCH-1.1A

1A The Registrar may, at any time after he has designated a sampling point in accordance with paragraph (1), discontinue the designation of that point and designate a new sampling point, such discontinuance and new point to take effect from 1st January in the ensuing sampling year. Notice of discontinuance and designation pursuant to this paragraph shall be given in accordance with paragraph (5).

”;

(c) in paragraph (2) by–

(i) inserting “not less than” after “shall be” in sub-paragraph (a);

(ii) substituting for sub-paragraph (a)(i) the following new paragraph–

(i)

(i) 5 points falling within not less than 3 local library authority areas in Group A and 5 points falling within not less than 4 local library authority areas in Group D in Schedule 2,

”;

(iii) inserting “not less than 3 local library authority areas in” after “falling within” in sub-paragraph (a)(ii);

(iv) inserting “not less than 3 local library authority areas in” after “falling within” in sub-paragraph (a)(iii);

(v) inserting “not less than 2 local library authority areas in” after “falling within” in sub-paragraph (a)(iv);

(vi) substituting for sub-paragraph (e) the following new sub-paragraph–

(e)

(e) no operative sampling point shall consist only of a mobile library service point other than an operative sampling point falling within the County of Dyfed, or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clwyd;

”;

(vii) substituting “during” for “with effect from the beginning of” and substituting “8” for “10 out of the 30” in sub-paragraph (f);

(viii) substituting for sub-paragraph (g) the following new sub-paragraph–

(g)

(g) no operative sampling point shall remain as such for a continuous period of more than 4 years.

”;

(d) by substituting “which consists of a single principal, ordinary or mobile” for “as a principal or ordinary” in paragraph (3);

(e) by inserting “a service point which is or is included in” after “close” in paragraph (4);

(f) by deleting paragraph (5);

(g) in paragraph (6) by–

(i) substituting “(5)” for “(6)”; and

(ii) substituting for sub-paragraph (a) the following new sub-paragraph–

(a)

(a) for the purposes of designating that point under paragraphs (1) or (1A), notice in writing of such designation specifying the period ending on 31st December or 30th June, in any sampling year for which he intends the point to be an operative sampling point;

SCH-1.5

5. Article 42 of the Scheme shall be varied in paragraph (3):–

(a) by deleting “and” after “group;” in sub-paragraph (a);

(b) in sub-paragraph (b) by–

(i) inserting “which consists of a single service point are” after “particular sampling point”;

(ii) inserting “and” after “article 40”;

(c) by inserting after sub-paragraph (b) the following new sub-paragraph–

; and

(c)

(c) the Registrar may disregard any loan of a book made after 30th June 1991 from a sampling point if a local library authority, on the first occasion after 30th June 1991 on which it reports, in accordance with article 40, a loan of that book from that sampling point, does not specify an International Standard Book Number in respect of the book, and the book is not registered at the time of such report.

SCH-1.6

6. Article 46 of the Scheme shall be varied in paragraph (1)(a) by substituting “1.37p” for “1.39p”.

SCH-1.7

7. Article 49 of the Scheme shall be varied:–

(a) in paragraph (3) by–

(i) inserting “to whom a sum is payable by way of Public Lending Right in respect of that year,” after “each registered owner”;

(ii) substituting for sub-paragraph (b) the following new sub-paragraph–

(b)

(b) the amount of such sum.

”;

(b) by inserting after paragraph (4) the following new paragraph–

SCH-1.5

5 At the request of a registered owner to whom no notice is required to be given under paragraph (3) in respect of any financial year, the Registrar shall supply to him particulars (calculated in accordance with article 42) of the number of notional loans during the sampling year ending in that financial year of any book in respect of which he is the registered owner, provided the request is made no later than six months after the end of that financial year.

APPENDIX 2

PUBLIC LENDING RIGHT SCHEME 1982

PUBLIC LENDING RIGHT SCHEME 1982

PART I

TITLE AND INTERPRETATION

SCH-2.

Citation and extent

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

SCH-2.

General definitions

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 19795;

“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);

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

“posthumously eligible book” has the meaning assigned thereto by article 6A;

“posthumously eligible person” has the meaning assigned thereto by article 5A;

“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 threreto by article 36.

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.

SCH-2.

Delivery of documents and service of notice

Unless the context otherwise requires, any requirement in this Scheme for–

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–

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

sent through the post by recorded delivery;

a...

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