The Public Lending Right Scheme 1982 (Commencement) Order 1982

APPENDIX PUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART IV ASCERTAINMENT OF THE NUMBER OF LOANS OF BOOKS

Special definitions

36.  In this Part, unless the context otherwise requires—

“copy” means an individual copy of a particular book, and “copy number” means a number which distinguishes the copy to which it is applied from other copies of the same book in the same library;

“group”, in relation to service points, means a group specified in Schedule 2;

“loans” means loans whereby books are lent out from a service point to individual borrowers, and includes loans of books not normally held at that service point;

“month” means one of the twelve months in the calendar year;

“operative sampling point” means a sampling point at which loans are for the time being required to be recorded in pursuance of Article 40(1);

“ordinary service point” means a service point from which fewer than 500,000 loans were made during the preceding period of twelve months;

“participating period”, in relation to a sampling point, means the period commencing on the date on which the local library authority having responsibility for it receives from the Registrar notice of designation pursuant to Article 38(6) and ending on the date specified in a notice given thereunder as the date upon which it is to cease to act as a sampling point;

“principal service point”, in relation to a library authority, means any of the following—

(a)

whichever of the service points for which that authority is responsible is the service point from which the greatest number of loans were made during the preceding period of twelve months;

(b)

any service point for which that authority is responsible, the number of loans from which during the preceding period of twelve months was not less than three-quarters of the number of loans made from the service point referred to in sub-paragraph (a) during the same period;

(c)

any other such service point from which 500,000 or more, loans were made during the aforesaid period;

and “principal service points” means every service point which is a principal service point in relation to any library authority;

“sampling point” means any principal service point or ordinary service point which has been designated, for the time being, by the Registrar under Article 38;

“sampling year” means the period of twelve months ending on 30th June;

“service point” means a place from which books comprised in a library are lent out to the public at large.

Number of loans to be ascertained by means of a sample

37.  The number of occasions on which a book is lent out shall be determined by means of a sample of the lendings of that book from particular service points, designated in accordance with the provisions of this Part; and for the purpose of the sample, service points shall be classified into the groups, according to local library authority areas, specified in Schedule 2.

Designation of sampling points

38.—(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 ordinary service points and all their principal service points, and the Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (6) those service points which are to be operative sampling points as from the beginning of the ensuing sampling year.

(2) The Registrar shall so exercise his powers under this Article as to secure, subject to paragraph (4), that—

(a) at all times there shall be 16 operative sampling points comprising—

(i) 3 points falling within each of Groups A and B in Schedule 2, in each case, subject to paragraph (3), including a principal service point and an ordinary service point, and

(ii) 2 points falling within each of the other groups, subject to paragraph (3), being a principal service point and an ordinary service point respectively;

(b) at all times one of the 2 operative sampling points falling within Group E in Schedule 2 shall be within either the county of Dyfed or that of Gwynedd;

(c) with effect from the beginning of each sampling year, 4 out of the 16 operative sampling points shall be replaced by new such points, and

(d) no service point remains an operative sampling point for a continuous period of more than four years.

(3) The relevant local library authority shall notify the Registrar of any change in the categorisation of a sampling point as a principal or ordinary service point but the Registrar shall not be required by paragraph (2)(a) to discontinue the designation of the point as a sampling point before the expiry of the sampling year in which he receives such notice or, if that year has less than six months to run, before the expiry of the next following sampling year.

For the purposes of this paragraph and of paragraph (2)(a), a change in the categorisation of a sampling point shall be disregarded if it is occasioned by an increase or decrease of less than 10% in the number of loans made therefrom.

(4) The local library authority shall notify the Registrar of any decision to close a sampling point and the date on which the closure takes effect but, if it is not reasonably practicable for the Registrar to satisfy the requirements of paragraph (2) before the closure takes effect, those requirements shall be treated as satisfied if satisfied as soon as is reasonably practicable thereafter.

(5) If it appears to the Registrar that an accurate sample would thereby be obtained more effectively, he may with effect from the beginning of the next sampling year, replace an existing sampling point by a new point, by designating such new sampling point in accordance with paragraphs (2) and (6), and by notifying the local library authority responsible that the existing sampling point is to be discontinued.

(6) The Registrar shall give to the local library authority responsible for a sampling point—

(a) for the purposes of designating that point under paragraph (1), notice in writing of such designation specifying the period he intends the point to be an operative sampling point;

(b) for the purpose of discontinuing that point as a sampling point, not less than six months notice in writing of such discontinuance.

Provision by libraries of recording facilities

39.  Upon receipt of a notice under Article 38(6)(a) a local library authority shall—

(a) arrange for every book which may be lent out from the sampling point to which the designation refers to be marked, in such form as the Registrar may require, with its identifying number and (where more than one copy may be lent out) copy number, and shall notify the Registrar at such time and in such manner as he may direct of the number of books so marked; and

(b) acquire, in accordance with arrangements approved by the Registrar, such equipment (including computer programs) as may be necessary to enable the authority to comply with the provision of Article 40 regarding the furnishing of information to the Registrar.

Duty to record lendings

40.—(1) A local library authority which has received a notice under Article 38(6)(a) shall, for such period as is specified in the notice, record every occasion on which a copy of a book is lent out to the public from the sampling point to which the notice refers and shall furnish to the Registrar, in such form and at such intervals as he may direct, details of such lendings, including the identifying number and any copy number of the copy in question.

(2) For the purpose of this Article each volume of a work published in two or more volumes shall be treated as a separate book.

Provision of book loan data

41.  Each local library authority shall submit to the Registrar, in such form, at such intervals and in respect of such periods as he may direct, a return of the total number of occasions on which the books comprised in all its collections were the subject of loans.

Method of determining the number of notional loans

42.—(1) The Registrar shall, from the details of loans furnished to him by local library authorities pursuant to the provisions of this Part (upon the accuracy of which the Registrar shall be entitled to rely), calculate, in accordance with paragraph (2), the number of notional loans of each book in respect of which Public Lending Right subsists in each sampling year.

(2) The number of notional loans of each book made during a sampling year shall be the aggregate of the number of notional loans of that book made in all groups; and the number of notional loans for a group shall be determined in accordance with the following formula:—

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• A represents the number of loans of that book recorded during the sampling year at the operative sampling points in that group;

• B represents the total number of loans of books made to the public during the sampling year from the operative sampling points in that group; and

• C represents the aggregate of the loans of all books made to the public from all libraries (within the meaning of section 3(4) of the Act) in the area of the group during the financial year ending in the sampling year in question, or, as regards any particular library for which loan data relating to that financial year is not available to the Registrar, the most recent financial year for which he has such data.

(3) For the purposes of paragraph (2) any loans of a copy of a book at a particular sampling point in excess of twelve within a month shall be disregarded.

Reimbursement of local library authorities

43.—(1) The Registrar shall, subject to the provisions of this Article and Article 44, reimburse to local library authorities the net expenditure incurred by them in giving effect to this Scheme.

(2) It shall be the duty of local library authorities to keep proper accounts and records in respect of the expenditure (including overhead expenses) incurred by them in giving effect to this Scheme and the Registrar may withhold payment to a local library authority, in whole or in part, until such time as such authority has furnished to him sufficient evidence as to the amount of the expenditure so incurred.

Expense incurred in respect of sampling points

44.—(1) Without prejudice to the generality of Article 43(2) each local library authority to which a notice has been given under Article 38(6)(a) shall submit to the Registrar at such time and in such form as he may require estimates of the net expenditure to be incurred in giving effect to this Scheme at the sampling point or points specified in such notice.

(2) Such local library authority may from time to time during the participating period submit to the Registrar claims in respect of the expenditure incurred, or estimated to have been incurred by it, and the Registrar shall be entitled to rely upon the accuracy of such claims and to make payments on account of the expenditure incurred by that authority in giving effect to the Scheme.

(3) The total amount payable by way of reimbursement to such local library authority shall be finally determined by the Registrar after examination of such audited financial statements and such books, records, documents, and accounts relating thereto as he may require; and any balance found after such final determination to be due by or to the Registrar in account with the local library authority in question shall be paid to or recovered from such local library authority.

(4) In reckoning the net expenditure for the purposes of this Article and of Article 43, the following shall be deducted from the gross expenditure incurred by a local library authority in connection with a sampling point—

(a) any sum received in connection with the disposal (by sale, lease or otherwise) of any property or equipment purchased pursuant to sub-paragraph (b) of Article 39;

(b) any sum which it might reasonably be expected would have been received on such a disposal (whether or not there has been a disposal of the property or equipment in question);

(c) any insurance monies received in respect of the loss or destruction of or damage to any such property or equipment;

(d) an amount representing the appropriate proportion of the net cost (whether by way of purchase, lease, or otherwise) of any property or equipment which is used by a local library authority partly in connection with this Scheme and partly for other purposes not connected therewith:

Provided that where deductions are made under both sub-paragraphs (a) and (b) in respect of the same property or equipment, the aggregate deductions thereunder shall not exceed whichever is the greater of the sums mentioned in those sub-paragraphs.

(5) In determining the amount finally to be paid to or recovered from a local library authority pursuant to paragraph (3), account shall be taken of any expenditure reasonably incurred by that authority in discontinuing the sampling point.

Establishment of initial sample

45.  The provisions set out in Part I of Schedule 3 shall have effect for the purpose of establishing the initial sampling points under this Scheme.