The Public Lending Right Scheme 1982 (Commencement) Order 1982

APPENDIX PUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART III REGISTRATION OF PUBLIC LENDING RIGHT

The Register

The Register

7.  The Registrar shall establish and maintain a Public Lending Right Register at such place as the Secretary of State may from time to time determine, and upon each such determination notice shall be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette, of such place and the time of the commencement of registration thereat.

The content of the Register

8.—(1) The Register shall contain—

(a) particulars of each book in respect of which Public Lending Right subsists, including—

(i) the title of the book;

(ii) the name or names of the persons appearing on the title page as the authors thereof;

(iii) the true identity of an author if different from (ii) above;

(iv) a number for that book, determined by, or in accordance with arrangements made by, the Registrar;

(b) the name and address of each person entitled to the Right in respect of each such book and, if more than one, the share of each such person in such Right.

(2) The Registrar shall also keep at the registry an index whereby all entries in the Register can readily be traced, and for this purpose “index” includes any device or combination of devices serving the purpose of an index.

Registration

9.—(1) Public Lending Right in respect of a book may, and may only, be registered if—

(a) the book is an eligible book, and

(b) the author thereof, or if the book has two or more authors, all the authors thereof (including any who are not eligible persons) are alive at the date of the application for first registration of the Right,

and application in that behalf is made in accordance with Articles 14 and 17.

(2) Subject to paragraph (3), an eligible author's share of the Public Lending Right in respect of an eligible book with two or more authors (including any who are not eligible persons) may, and may only, be registered on application in that behalf made as aforesaid.

(3) The share of the Public Lending Right in such a book as is mentioned in paragraph (2) of an author who was not an eligible person at the time when application was first made for the registration of the share of the Right of any co-author may, and may only, be registered if—

(a) he has become and remains an eligible person, and

(b) all the authors of the book (including any who are not eligible persons) are alive at the date of his application for registration of his share,

and application in that behalf is made as aforesaid.

Dealings to be effected only on the Register

10.  No Public Lending Right in respect of a particular book shall subsist and no transmission of a registered interest shall be effective until such Right or such transmission has been entered in the Register by the Registrar.

Register to be conclusive

11.  The Register shall be conclusive as to whether Public Lending Right subsists in respect of a particular book and also as to the persons (if any) who are for the time being entitled to the Right.

Amendment of the Register

12.  The Register may be amended pursuant to an Order of a Court of competent jurisdiction or by the decision of the Registrar in any of the following cases—

(a) in any case and at any time with the consent of the registered owner or owners of the Right in respect of a particular book;

(b) where a Court of competent jurisdiction or the Registrar is satisfied that an entry in the Register has been obtained by fraud;

(c) where a decision of a Court of competent jurisdiction affects any interest in an eligible book and, in consequence thereof, the Registrar is of the opinion that amendment of the Register is required;

(d) where two or more persons are erroneously registered as being entitled to the same interest in Public Lending Right in respect of a particular book;

(e) where an entry erroneously relates to a book which is not an eligible book;

(f) in any other case where by reason of any error or omission in the Register, or by reason of any entry made under a mistake, it appears to the Registrar just to amend the Register.

Payments consequent upon amendment

13.  The person who, as a result of an amendment of the Register pursuant to Article 12 becomes the registered owner of a registered interest shall be entitled to the payment of Public Lending Right in respect of that interest from the date upon which the Register was amended.