The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013

Article 7(1)

SCHEDULE 1 Consequential provisions – primary legislation

Parliamentary Commissioner Act 1967

1.  In Schedule 2 to the Parliamentary Commissioner Act 1967(1) omit “The Registrar of Public Lending Right.”

Superannuation Act 1972

2.—(1) In Schedule 1 to the Superannuation Act 1972(2) omit “Employment by the Registrar of Public Lending Right.” and “The Registrar of Public Lending Right.”

(2) Paragraph (1) does not affect the position of any person who was the Registrar or was employed by the Registrar but who ceased to be the Registrar or an employee of the Registrar before the transfer date.

British Library Act 1972

3.  In section 4(3) of the British Library Act 1972(3) after the word “months” insert “, which report shall include a report on the working of the Public Lending Right Scheme 1982”.

House of Commons Disqualification Act 1975

4.  In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975(4) omit “Registrar of Public Lending Right.”

Northern Ireland Assembly Disqualification Act 1975

5.  In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(5) omit “Registrar of Public Lending Right.”

Public Lending Right Act 1979

6.  The Public Lending Right Act 1979(6) is amended as follows.

7.—(1) Section 1 is amended as follows.

(2) In subsection (3) omit “The Secretary of State shall appoint an officer to be known as the Registrar of Public Lending Right; and” and “with respect to the Registrar”.

(3) In subsections (4), (5) and (7)(d) for “Registrar” substitute “Board” in each place occurring.

8.—(1) Section 2 is amended as follows.

(2) In subsection (1) for “Registrar” substitute “Board”.

(3) In subsection (2) omit “less the total of any sums paid in that year, out of money so provided, under paragraph 2 of the Schedule to this Act (pay, pension, etc. of Registrar)”.

(4) For subsection (4), substitute—

“(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.”

(5) For subsection (5), substitute—

“(5) There is to be paid into the Central Fund—

(a) money received by the Board in respect of property disposed of in connection with its functions in relation to public lending right, and

(b) money otherwise received by the Board in the course of its functions in relation to public lending right, or under this Act,

after deduction of any costs associated with the disposal of the property or otherwise referable to the money received.

(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) Omit subsection (6).

9.—(1) Section 3 is amended as follows.

(2) In subsections (5)(a) and (6) for “Registrar” substitute “Board” in each place occurring.

(3) In subsection (6) omit “, by means of payments out of the Central Fund,”.

(4) Omit subsection (8).

10.—(1) Section 4 is amended as follows.

(2) In subsection (5) for “Registrar” substitute “Board”.

(3) For subsection (6), substitute—

“(6) The Board may require the payment of fees, according to prescribed scales and rates, for supplying copies of entries in the register.

(6A) A copy of an entry in the register is, in all legal proceedings, admissible in evidence as of equal validity with the original if it is certified in writing by—

(a) a member of the Board,

(b) a person employed by, or contracted to provide services for, the Board with authority in that behalf (which authority it is unnecessary to prove).”

11.  In section 5(2)—

(a) insert in the appropriate place—

““the Board” means the British Library Board established under section 1(2) of the British Library Act 1972;”;

(b) in the definition of “the register”, for “Registrar” substitute “Board”; and

(c) omit the definition of “the Registrar”.

12.—(1) The Schedule is amended as follows.

(2) Omit paragraphs 1, 2, 3, 4 and 5.

(3) For paragraph 6, substitute—

“6.   The Documentary Evidence Act 1868 shall have effect as if the Board were included in the first column of the Schedule to that Act, as if any person authorised to act on behalf of the Board were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any documents issued by the Board, or by any such person, in relation to the Board’s functions under this Act or the scheme.”

(4) Omit paragraph 7.

(5) In paragraph 8—

(a) omit “(except paragraph 7 of this Schedule)”;

(b) for “Registrar” substitute “Board” in each place occurring; and

(c) for “assistant registrar or member of the Registrar’s staff” substitute “person”.

(6) Accordingly, for the heading of the Schedule substitute “PUBLIC LENDING RIGHT: SUPPLEMENTARY PROVISION”.

Freedom of Information Act 2000

13.  In Part 6 of Schedule 1 to the Freedom of Information Act 2000(7) omit “The Registrar of Public Lending Right.”

Digital Economy Act 2010

14.  In section 43(5) of the Digital Economy Act 2010(8), for “After the definition of “the Registrar” insert” substitute “At the end insert”.

Public Bodies Act 2011

15.  In Schedule 1 to the Public Bodies Act 2011(9) omit “Registrar of Public Lending Right.”

Article 7(2)

SCHEDULE 2 Consequential provisions – secondary legislation

Public Lending Right Scheme 1982

1.—(1) The Public Lending Right Scheme 1982(10) is amended as follows.

(1) In article 2(1)—

(a) insert in the appropriate place ““the Board” has the meaning assigned thereto by section 5(2) of the Act;”;

(b) omit ““the Registrar” and”; and

(c) in relation to the entry for “the Register”—

(i) for “have” substitute “has”; and

(ii) for “meanings” substitute “meaning”.

(2) Subject to paragraph 1(1) of this Schedule—

(a) for “Registrar” substitute “Board” in each place occurring;

(b) for “he”, “him” or “his”, where used in reference to the Registrar, substitute “the Board” or “the Board’s” (as the case may be) in each place occurring.

Public Lending Right (Increase of Limit) Order 2003

2.  In Article 2 of the Public Lending Right (Increase of Limit) Order 2003(11) omit “, and, in each case, that limit shall be less the total of any sums paid in that year, out of money so provided, under paragraph 2 of the Schedule to the Public Lending Right Act 1979 (pay, pension, etc. of Registrar)”.

Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2003

3.—(1) The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2003(12) is amended as follows.

(2) In article 2—

(a) omit paragraph (n); and

(b) in sub-paragraph (iii), omit ““Employment by the Registrar of Public Lending Right””.

(3) In article 3—

(a) omit paragraph (a); and

(b) omit the entry for ““the Registrar of Public Lending Right””.

(1)

1967 c. 13; Schedule 2 was substituted by the Schedule to the Parliamentary Commissioner (No.2) Order 2011 (S.I. 2011/2986).

(2)

1972 c. 11; Schedule 1 was amended by articles 2(iii) and 3 of S.I. 2003/1073.

(3)

1972 c. 54; the functions under subsection 3 were transferred to the Secretary of State by article 3(1) of and Schedule 1 to the Transfer of Functions (National Heritage) Order 1992 (S.I. 1992/1311).

(4)

1975 c. 24; the entry for the Registrar was inserted by paragraph 4 of the Schedule to the 1979 Act.

(5)

1975 c. 25; the entry for the Registrar was inserted by paragraph 4 of the Schedule to the 1979 Act.

(6)

1979 c. 10.

(7)

2000 c. 36.

(8)

2010 c. 24; section 43(5) is not yet in force.

(9)

2011 c. 24.

(10)

The Scheme was brought into force, is set out, and was amended as explained in footnote (c) on page 2 of this Order.

(11)

S.I. 2003/839.

(12)

S.I. 2003/1073.