Instruments of interest
Public Lending Right Scheme 1982 (Commencement of Variation) Order 2024 (SI 2024/30)
14.This Order reduces the ‘rate per loan’ paid to authors under the Public Lending Right Scheme (“the PLR Scheme”) from 30.53 pence to 13.69 pence. The PLR Scheme was launched in 1982 to provide annual payments from a central fund to authors whose books are loaned by public libraries in the UK. The British Library Board is responsible for administering the PLR Scheme.
15.The Department for Culture, Media and Sport (DCMS) says that the reason for the reduction is that the number of estimated loans made between 1 July 2022 and 30 June 2023 has now returned to a near pre-covid level. As the central fund for the PLR Scheme is fixed,12 and paid in arrears, an increase in the borrowing of books means a reduction in the payment rate per loan.
16.We asked DCMS whether the cyber-attack on the British Library in October 2023,13 which severely affected services, could impact on these payments. The Department explained that “workaround systems are being put in place”, and that the “British Library is making good progress towards issuing UK PLR payments before the end of March at the latest, in line with the PLR Scheme legislation”.
17.The well-drafted Explanatory Memorandum (EM) follows the new format, set out in the Government’s response to our report on the Work of the Committee in Session 2022–23.14 We welcome the new EM template and supporting guidance, which will become mandatory from 1 April 2024 for all secondary legislation subject to parliamentary procedure.15 We hope that it will assist departments in improving the quality of the explanatory material they provide which, as our reports show, has too often been inadequate.16
Biodiversity Gain Site Register Regulations 2024 (SI 2024/45)
Biodiversity Gain Requirements (Exemptions) Regulations 2024 (SI 2024/47)
Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024 (SI 2024/48)
Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (SI 2024/50)
18.These four instruments support the implementation of the biodiversity gain regime which was introduced into the existing planning regime by the Environment Act 2021. Under this regime, new development of land in England is required to deliver a 10% net gain in biodiversity (BNG), unless the development is exempt. The 10% uplift is required irrespective of whether the development impacts existing biodiversity and can be achieved either on-site or off-site, or as a last resort by buying statutory biodiversity credits. For significant on-site gains, and all off-site gains, the BNG must be maintained for at least 30 years.
19.SI 2024/45 introduces a publicly accessible biodiversity gain site register. The register will be operated by Natural England and contain information about the habitat enhancements to be achieved on registered land. The instrument establishes the conditions which must be met for land to be eligible for registration and the processes for recording information in the register.
20.SI 2024/47 sets out categories of planning permission that are exempt from the BNG requirement. This includes: a temporary exemption until April 2024 for small developments (as defined in the instrument); a de minimis exemption for developments of such a small scale that they would result in negligible or no loss of habitat; an exemption for householder applications due to their expected low impact on biodiversity; an exemption for planning permission for developments in support of the remaining phases of the High Speed Railway Transport Network; an exemption for BNG sites whose only purpose is to enhance BNG; and an exemption for certain self-build and custom build developments which are to be occupied as individual homes.
21.SI 2024/48 defines what is considered “irreplaceable habitat” and sets out how the BNG requirements apply to developments where there is irreplaceable habitat onsite. The Department for Environment, Food and Rural Affairs says that where an impact on irreplaceable habitat cannot be avoided, developers will be required to deliver bespoke compensation agreed with local planning authorities on a case-by-case basis, as part of the planning application. Appropriate compensation should reflect the same type of habitat that is lost through the development.
22.SI 2024/50 requires certain applications for planning permission to be accompanied by information on BNG, specifies the content of decision notices when planning permission is granted and sets out the processes for the submission and approval of BNG plans and for appealing decisions.
12 The PLR central fund is part of the overall funding for the British Library, which is reviewed and set for each Spending Review period. There is no interim annual assessment of the overall sum dedicated for PLR payments.
13 BBC News, ‘British Library starts restoring services online after hack’ (15 January 2024): https://www.bbc.co.uk/news/entertainment-arts-67976183 [accessed 30 January 2024].
14 SLSC, Government Response: Work of the Committee in Session 2022–23 (9th Report, Session 2023–24, HL Paper 42).
15 Cabinet Office, ‘Explanatory Memorandum: Template and Guidance’ (2 January 2024): https://www.gov.uk/government/publications/explanatory-memorandum-template-and-guidance [accessed 30 January 2024].
16 SLSC, Work of the Committee in Session 2022–23 (56th Report, Session 2022–23, HL Paper 264).