OpenLegislation

Paragraph 44 Expense incurred in respect of sampling pointsF4I1

United Kingdom

(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 F1Board at such time and in such form as F2the Board 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 Board claims in respect of the expenditure incurred, or estimated to have been incurred by it, and the Board 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 Board after examination of such audited financial statements and such books, records, documents, and accounts relating thereto as the Board may require; and any balance found after such final determination to be due by or to the Board 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 F3...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.

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

Word in Appendix Scheme art. 44(4)(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. 1

F4

Word in Appendix Scheme art. 44(1) substituted (15.7.1997) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1997 (S.I. 1997/1576), art. 2, para. 5 Appendix

Commencement

I1

Appendix Scheme art. 44 in force at 14.6.1982, see art. 2(2)