The Public Lending Right Scheme 1982 (Commencement) Order 1982

APPENDIX PUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART V CALCULATION AND PAYMENT OF PUBLIC LENDING RIGHT

Determination of the sum due in respect of Public Lending Right

46.—(1) For any financial year, the sum due by way of Public Lending Right in respect of a registered interest to the registered owner thereof shall be ascertained by reference to—

(a) the product of the number of notional loans attributable to that interest (calculated in accordance with paragraph (4)) and 0-5p, and

(b) the aggregate amount of that product and the like products in the case of all other registered interests which initially were registered interests of the same author.

(2) Subject to paragraph (3) the sum so due for the financial year shall be—

(a) except where the following sub-paragraph applies, the product mentioned in paragraph (1)(a);

(b) if the aggregate amount mentioned in paragraph (1)(b) exceeds £5,000, the product of

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where— x is the number of notional loans attributable to the interest in question, andy is the aggregate of that number and the number of notional loans attributable to all other registered interests which initially were registered interests of the same author.

(3) If the amount determined in accordance with paragraph (2) is less than £5, the sum due in respect of the registered interest shall be nil.

(4) For the purposes of paragraphs (1) and (2) (b), the number of notional loans attributable to any registered interest in any financial year shall be calculated by ascertaining, in accordance with Article 42(2), the number of notional loans of the book to which it relates which were made during the sampling year ending in that financial year, and shall be—

(a) if the registered interest represents the whole of the Public Lending Right in respect of that book, the total notional loans of the book in question;

(b) if the registered interest relates only to a share of the Public Lending Right in respect of that book, such proportion of the total notional loans of the book as the registered interest bears to the whole of the Public Lending Right in that book, fractions of a loan being disregarded;

(c) if the Right in respect of that registered interest has been renounced in part, such proportion of the notional loans attributable to the registered interest under sub-paragraph (a) or (b), as the case may be, which the unrenounced share bears to the whole of the registered interest, fractions of a loan being disregarded;

(d) nil, if the Right in respect of the registered interest has been wholly renounced for the financial year in question.

(5) For the purposes of paragraphs (1) and (2)(b), the references to interests which were initially registered interests of the same author include interests which, in pursuance of Article 17(3), were registered in the name of his parent or guardian.

Persons to whom the payment is due

47.  The person entitled to the Public Lending Right in respect of any registered book in any financial year shall be the registered owner thereof as at 30th June of that year.

Right to be claimed

48.—(1) No payment shall be made in respect of Public Lending Right unless that Right has been claimed by or on behalf of the person for the time being entitled.

(2) A claim in respect of the Right may be made for—

(a) a specified period;

(b) an unspecified period determinable by not less than three months written notice of termination given to the Registrar by or on behalf of the person for the time being entitled to the Right.

(3) A claim shall automatically lapse in the event of any change of ownership recorded on the Register, subsequent to first registration thereof, in respect of the Right to which the claim relates.

Notification of entitlement and payment of sums due under the Scheme

49.—(1) Any sum payable by way of Public Lending Right in respect of a registered interest, for any financial year, shall (unless sooner paid) fall due for payment on the last day of that year.

(2) Any such sum may be paid by cheque or warrant sent through the post directed to the registered address of the registered owner or, in the case of joint owners, to the registered address of the senior owner (as defined in Article 21(2)), or to such person and to such address as the owner or joint owners may direct by a written payment mandate to the Registrar, delivered at the registry, in the form set out in Schedule 4 or a form to the like effect; every such cheque or warrant shall be made payable to the order of the person to whom it is sent and any one of two or more joint owners may give a good receipt for any money due to them under this Scheme.

(3) The Registrar shall at the end of each financial year, or as soon as is reasonably practicable thereafter, inform each registered owner, by notice posted to his registered address of—

(a) the notional number of lendings for that year of each book in respect of which he is a registered owner; and

(b) the sum, if any, payable to him by way of Public Lending Right for each such book for the year in question.

(4) If, after the Registrar has notified the registered owner as provided in paragraph (3), the cheque or warrant for the sum referred to therein is not presented for payment and thereby lapses—

(a) there shall be no further duty on the part of the Registrar to take steps to trace the registered owner and it shall be the responsibility of such owner to make application to the Registrar for payment; and

(b) if at the end of six years from the date upon which a payment in respect of Public Lending Right becomes due no such application has been made by the person entitled thereto, the entitlement to such payment shall lapse.

Power to call for information

50.  The Registrar may at any time require a statutory declaration or other sufficient evidence that an author or any registered owner is alive and is the person to whom money is payable under this Scheme, and may withhold payment until such declaration or evidence as he may require is produced.

Interest

51.  No sum determined to be due under this Scheme shall carry interest.

Initial payment to authors

52.  The provisions of Part II of Schedule 3 shall have effect for the purpose of determining the first sums payable in respect of Public Lending Right under this Scheme.