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

Transfer on bankruptcy, liquidation or sequestration

Registration of Official Receiver, Official Assignees or Judicial Factor

28.—(1) On the production to the Registrar of an office copy of an Order of a Court having jurisdiction in bankruptcy adjudging a registered owner bankrupt or directing the estate of a deceased registered owner to be administered under section 130 of the Bankruptcy Act 1914 or section 21 of the Bankruptcy Amendment Act (Northern Ireland) 1929, together with a certificate signed by the Official Receiver or Official Assignee, as the case may be, that any registered interest in the name of the bankrupt registered owner, or deceased registered owner, is part of his property divisible amongst his creditors, the Official Receiver or the Official Assignee may be registered as the registered owner in place of the bankrupt or deceased registered owner.

(2) Where there is produced to the Registrar a certified copy of an Order of a Court having competent jurisdiction in Scotland awarding sequestration of the estate of a registered owner (including a deceased registered owner) and appointing a judicial factor the Registrar shall on receipt of such a copy enter in the Register the name of the judicial factor as registered owner with the addition of the words “judicial factor in the estate of [name]”.

Registration of Trustee in Bankruptcy in place of Official Receiver, Assignees in Bankruptcy or Judicial Factor

29.—(1) Where the Official Receiver or the Official Assignee has been registered as registered owner and some other person is subsequently appointed trustee, or, in Northern Ireland, a creditor's assignee is appointed, the trustee or the assignee may be registered as registered owner in place of the Official Receiver, or the Official Assignee, on production of an office copy of the certificate by the Department of Trade of his appointment as trustee, or in Northern Ireland an office copy of the certificate under section 90 of the Bankruptcy (Ireland) Amendment Act 1872 or of the certificate of the vesting of the estate and effects of the registered owner in the assignee.

(2) Where a judicial factor has been registered as an owner in terms of Article 28(2) and some other person is subsequently elected as a trustee for behoof of the creditors of the former registered owner, the Registrar, on receipt of the notification of such election and of sufficient evidence to demonstrate that that person has been so elected, shall enter in the Register the name of the trustee as registered owner with the addition of the words “trustee in the estate of [name]”.

(3) If the Official Receiver or the Official Assignee has not been entered on the Register under Article 28 (1) the trustee or the assignee may be registered as registered owner on production of office copies of the Order adjudging the registered owner bankrupt and the appropriate certificate referred to in paragraph (1) with a certificate signed by the trustee or the assignee that the registered interest is part of the property of the bankrupt divisible amongst his creditors.

(4) If a judicial factor has not been entered in the Register as owner under Article 28(2) the Registrar shall, on receipt of the certified copy of an Order of a Court under Article 28(2) together with the notification and evidence referred to in paragraph (2), enter in the Register as registered owner the name of the duly elected trustee with the addition of the words “trustee in the estate of [name]”.

Registration of a trust under a Scheme of Arrangement or an Arrangement under the control of the Court

30.—(1) If any registered interest is vested in a trustee under the provisions of a Scheme of Arrangement approved by a Court having jurisdiction in bankruptcy, the Official Receiver or other trustee may be registered as owner in like manner as a trustee in bankruptcy upon production of an office copy of the Scheme of Arrangement, a certificate signed by the Official Receiver, or such other trustee, that the registered interest was part of the property vested in him under the provisions of the Scheme, and in the case of a trustee other than the Official Receiver, an office copy of the certificate by the Department of Trade of his appointment as trustee.

(2) If any registered interest of an arranging debtor who is a registered owner is vested in the Official Assignee alone or jointly with other persons under section 349 of the Irish Bankrupt and Insolvent Act 1857, the Official Assignee and such other persons (if any) may be registered as owner in his place on production of an office copy of the Order of the Court approving and confirming the resolution or agreement referred to in the said section with a certificate by the Official Assignee identifying the arranging debtor named in the Order of the Court with the registered owner endorsed thereon and a certificate signed by the Official Assignee and other such person (if any) that the registered interest was part of the property vested under the resolution or agreement.

(3) If, as regards Scotland, a registered owner—

(a) has entered into a deed of arrangement for behoof of his creditors, the Registrar shall, on receiving a certified copy of the Order of the Court approving such arrangement, enter on the Register as owner the name of the person who is under the said deed of arrangement to receive any payments due to the owner (where that person is not the registered owner at the date of approval of the arrangement);

(b) has entered into a private trust deed or composition contract for behoof of his creditors, the trustee under such deed or contract may make an application, accompanied by such evidence as the Registrar may require, for transmission of the registered interest into his name as such trustee; and on receipt of such an application the Registrar shall make the appropriate entry in the Register.

Liquidation of a company

31.  In the liquidation of a company in which an interest in Public Lending Right is vested, any resolution or order appointing a liquidator may be filed and referred to on the Register, and, when so registered, shall be deemed to be in force until it is cancelled or superseded on the Register.

Renunciation

32.—(1) On making application in that behalf which satisfies the requirements of Article 14, the registered owner of a registered interest may absolutely and unconditionally renounce that interest as provided in paragraph (2).

(2) Such renunciation may, as to extent, be in respect of either the whole or a half share of the registered interest and may be effective for all time, or in respect of such financial years as shall be specified by the registered owner.

(3) An application for renunciation shall bear the proper Inland Revenue stamp impressed thereon.

(4) The Registrar shall as at the date from which the renunciation is to have effect amend the Register—

(a) in the case of a renunciation for all time of the whole of the registered interest by removing from the Register the entry relating to the registered owner and, if that interest represents the whole of the Public Lending Right in a book, the entry relating to that book; or

(b) in all other cases, by noting against the relevant entry in the Register the extent of the renunciation and the period during which it is effective.

(5) Immediately upon the amendment of the Register as provided in paragraph (4), any sum due by way of Public Lending Right which, apart from the renunciation would become payable to the registered owner by 31st March in any year falling within the period to which the renunciation applies, shall cease to be so payable.