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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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4 provisions
Title and introductory text
2023 No. 1068
Libraries
The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023
Made
5th October 2023
Laid before Parliament
10th October 2023
Coming into force
31st October 2023
The Public Lending Right Scheme 1982 (“the Scheme”) was brought into force on 14th June 1982;
The Scheme has been varied;
The Secretary of State, after consultation with representatives of authors and library authorities and of others who appear to be 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 is now vested, makes this Order in exercise of that power:
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 and comes into force on 31st October 2023.
(2) This Order extends to England and Wales, Scotland and Northern Ireland.
Propose a change2 Commencement of variations
The variations of the Public Lending Right Scheme 1982 that are set out in the Appendix to this Order come into force on 31st October 2023.
Propose a changeAPPENDIX
Article 2
Variations of the Public Lending Right Scheme 1982
1 In article 14A (forms of application in respect of posthumously eligible books)—
(a) in paragraph (a), for “paragraph 4” substitute “paragraph 3”;
(b) in paragraph (b)—
(i) at the beginning insert “where paragraph (2) of article 17B does not apply,”;
(ii) at the end omit “and”;
(c) after paragraph (b) insert—
(ba) where paragraph (2) of article 17B applies—
(i) the name and address of the applicant, and
(ii) a statement signed by the applicant that the conditions as to eligibility specified in articles 5A and 6A are satisfied, and
;
(d) in paragraph (c)—
(i) for “as aforesaid that” substitute “by the applicant, if article 17B(2) applies, or otherwise by the personal representatives of”;
(ii) after “the application is being made” insert “, that the posthumously eligible person”;
(e) in the closing words, after “and shall be accompanied, when” insert “paragraph (2) of article 17B does not apply and”.
2 In article 17B (application for first registration in respect of posthumously eligible books)—
(a) the existing text becomes paragraph (1);
(b) in sub-paragraph (b) of that paragraph, at the beginning insert “unless paragraph (2) applies,”;
(c) after that paragraph insert—
(2) This paragraph applies where—
(a) the application is made by a person (“the transferee”) who previously received a transfer under article 27 of the deceased author’s interest in respect of one or more eligible books, and
(b) when the transfer was made, the personal representatives of the deceased author gave a declaration in accordance with paragraph (3).
(3) The declaration referred to in paragraph (2)(b) is a declaration, in such form as the Board may from time to time require, that the personal representatives of the deceased author are not aware of any person other than the transferee who would be entitled, pursuant to an application under this article, to the registered interest in respect of any posthumously eligible book by the deceased author.
(4) In this article, “deceased author” means the posthumously eligible person in relation to whom the application referred to in paragraph (1) is made.
.
3 In article 37 (number of loans to be ascertained by means of a sample)—
(a) the existing text becomes paragraph (1);
(b) after that paragraph insert—
(2) The sample referred to in paragraph (1) may comprise all lendings of that book from all service points in all groups.
.
4 In paragraph (2) of article 38 (designation of sampling points)—
(a) at the end of sub-paragraph (d) insert “and”;
(b) omit sub-paragraphs (f) and (g).
5 In article 42 (method of determining the number of notional loans)—
(a) in paragraph (2)—
(i) after “made in all groups; and” insert “, except where paragraph (5) applies,”;
(ii) omit “financial year ending in the”;
(iii) for “financial year is not available to the Board, the most recent financial year” substitute “sampling year is not available to the Board, the most recent sampling year or financial year”;
(b) in paragraph (3), for “paragraph (2)” substitute “paragraphs (2) and (5)”;
(c) after paragraph (3) insert—
(4) Paragraph (5) applies where the Board has designated all service points in a group as (or as included in) operative sampling points for the purpose of a sampling year.
(5) Where this paragraph applies, the number of notional loans of a book for the group in question during that sampling year is the number of loans of that book recorded during the sampling year at the operative sampling points in that group.
.
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