Paragraph 42 Method of determining the number of notional loansI1

United Kingdom

(1)

The F1Board shall, from the details of loans furnished to F2the Board by local library authorities pursuant to the provisions of this Part (upon the accuracy of which the Board 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 F3, except where paragraph (5) applies, the number of notional loans for a group shall be determined in accordance with the following formula:—

Total notional loans in the group = \frac{A}{B} \times C

Where—

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 F4... sampling year in question, or, as regards any particular library for which loan data relating to that F5sampling year is not available to the Board, the most recent sampling year or financial year for which the Board has such data.

F6(3)

For the purposes of F7paragraphs (2) and (5)

(a)

Groups A, B and C in Schedule 2 shall be treated as one group; F8...

(b)

if on any occasion on which any details of lendings at a particular sampling point F9which consists of a single service point are furnished to the Board in accordance with article 40 F10and record loans of a F11physical copy of a book in excess of an average of one loan for each period of five days covered by the details, the loans in excess of that average shall be disregardedF12; and

(F13c)

the Board may disregard any loan of a book reported from a sampling point in accordance with Article 40 where the local library authority does not specify an International Standard Book Number in respect of the book.

F14(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.

Annotations

Textual amendments

F1: Word in Appendix Scheme substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 2 para. 1(2)(a) (with art. 8)
F2: Words in Appendix Scheme substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 2 para. 1(2)(b) (with art. 8)
F3: Words in Appendix Scheme art. 42(2) inserted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 5(a)(i)
F4: Words in Appendix Scheme art. 42(2) omitted (31.10.2023) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 5(a)(ii)
F5: Words in Appendix Scheme art. 42(2) substituted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 5(a)(iii)
F6: Appendix Scheme art. 42(3) substituted (22.12.1988) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988 (S.I. 1988/2070), art. 2, Appendix 1 para. 14
F7: Words in Appendix Scheme art. 42(3) substituted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 5(b)
F8: Word in Appendix Scheme art. 42(3)(a) omitted (27.12.1990) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360), Appendix 1, art. 2, para. 5(a)
F9: Words in Appendix Scheme art. 42(3)(b) inserted (27.12.1990) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360), Appendix 1, art. 2, para. 5(b)(i)
F10: Word in Appendix Scheme art. 42(3)(b) inserted (27.12.1990) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360), Appendix 1, art. 2, para. 5(b)(ii)
F11: Word in Appendix Scheme art. 42(3)(b) inserted (E.W.S.) (1.7.2018) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2018 (S.I. 2018/691), art. 3, Appendix para. 2 and inserted (N.I.) (1.7.2021) by The Public Lending Right Scheme 1982 (Commencement of Variations) (Northern Ireland) Order 2021 (S.I. 2021/684), art. 2, Appendix para. 2
F12: Appendix Scheme art. 42(3)(c) and word inserted (27.12.1990) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1990 (S.I. 1990/2360), art. 2, Appendix 1 para. 5(c)
F13: Appendix Scheme art. 42(3)(c) substituted (1.7.1999) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1999 (S.I. 1999/420), art. 2, Appendix para. 2
F14: Appendix Scheme art. 42(4)(5) inserted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2,Appendix para. 5(c)

Commencement

I1: Appendix Scheme art. 42 in force at 14.6.1982, see art. 2(2)