The Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2020

Statutory Instruments

2020 No. 1370

Libraries

The Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2020

Made

26th November 2020

Laid before Parliament

1st December 2020

Coming into force

11th January 2021

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 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 the following Order in exercise of that power:

Citation

1.  This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2020.

Commencement of Variation

2.  The variation of the Public Lending Right Scheme 1982 whereby article 46(1)(a) was varied by substituting “9.55p” for “9.03p”, comes into force on 11th January 2021.

Caroline Dinenage

Minister of State for Digital and Culture

Department for Digital, Culture, Media and Sport

26th November 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This order brings into force on 11th January 2021 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 increase the rate per loan set out in article 46(1)(a) of the Scheme from 9.03p to 9.55p. 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 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 of S.I. 1990/2360 sets out the Scheme as varied by amendments made on 26 November 1990. 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, 2005/3551, 2006/3294, 2009/3259, 2011/54, 2012/63, 2012/3123, 2015/7, 2016/15, 2017/7, 2018/17, 2018/1220 and 2020/28.

(3)

1979 c.10. There are amendments to this 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).