1. The Arrangement of Scheme in the Public Lending Right Scheme 1982 (“the Scheme”) shall be varied as follows—
(a)by inserting between items 5 and 6 the following new item—
“5A.Posthumously eligible persons”;
(b)by inserting between items 6 and 7 the following new item—
“6A.Posthumously eligible books”;
(c)by inserting between items 9 and 10 the following new item—
“9A.Shares in Public Lending Right”;
(d)by inserting between items 14 and 15 the following new item—
“14A.Forms of application in respect of posthumously eligible books”;
(e)by inserting betwen items 17 and 18 the following new items—
“17A.Transitional provisions for translators, editors and compilers
17B.Application for first registration in respect of posthumously eligible books”;
(f)by deleting items 45 and 52 and the entry relating to Schedule 3; and
(g)by adding after the entry relating to Schedule 4 the following new entry—
“Schedule 5
Specified Countries”.
2. Article 2 of the Scheme shall be varied—
(a)by deleting the definition of “library”; and
(b)by inserting after the definition of “local library authority” the following definitions—
““posthumously eligible book” has the meaning assigned thereto by article 5A;
“posthumously eligible person” has the meaning assigned thereto by article 6A;”.
3. Article 4 of the Scheme shall be varied by substituting for paragraph (2) the following paragraph—
“(2) Notwithstanding paragraph (1), a person shall not be treated as an author of a book unless the fact that he is an author within the meaning of paragraph (1)—
(a)is evidenced by his being named on the title page of the book; or
(b)in the case of a person treated as an author by virtue of sub-paragraph (1)(a)(i), is evidenced as aforesaid or, if the translated text amounts to at least half of the book’s contents, by his being named on the cover or the title page verso of the book.”.
4. The following new article shall be inserted in the Scheme after article 5—
5A. For the purposes of the Scheme, and in relation to each application relating to a posthumously eligible book, an author who is dead is a posthumously eligible person if, had he been an applicant for first registration of Public Lending Right in relation to that book at the date of his death, he would have been an eligible person in accordance with article 5.”.
5. The following new article shall be inserted in the Scheme after article 6—
6A. For the purposes of the Scheme, a book is a posthumously eligible book if—
(a)it is a book within the meaning of article 6(2),
(b)the sole author, or at least one of the authors, of the book is a posthumously eligible person, and
(c)the book is either
(i)published within one year before or ten years after the date of that person’s death and that person had made a successful application during his lifetime for registration of Public Lending Right or of an eligible author’s share of the Right in respect of at least one other book, or
(ii)a book which consists of or incorporates a work of that person which had previously been the constituent of or incorporated in a book in relation to which that person had made such an application as aforesaid.”.
6. Article 9 of the Scheme shall be varied—
(a)by substituting for paragraph (1) the following paragraph—
“(1) Public Lending Right in respect of a book may, and may only, be registered if—
(a)the book is an eligible book and application in that behalf is made in accordance with articles 14 and 17, or
(b)the book is a posthumously eligible book and application in that behalf is made in accordance with articles 14A and 17B.”;
(b)in paragraph (2), by substituting for the words “as aforesaid” the words “in accordance with articles 14 and 17”;
(c)in paragraph (3) by deleting the words “and application in that behalf is made as aforesaid.”;
(d)by inserting after paragraph (3) the following new paragraph—
“(4) A posthumously eligible person’s share of the Public Lending Right in respect of a posthumously eligible book with two or more authors (including any who are not eligible persons) may, and may only, be registered on application made in accordance with articles 14A and 17B.”.
7. Article 9A of the Scheme shall be varied by substituting for paragraphs (4), (5) and (6) the following paragraphs—
“(4) An illustrator’s share of Public Lending Right in respect of a book, and each eligible person’s share of Public Lending Right in respect of a book with two or more authors (including any who are not eligible persons) none of whom is an illustrator, translator or editor or compiler, shall not exceed fifty per cent of that Right unless the Registrar is satisfied that any share exceeding fifty per cent which is specified in accordance with article 17(1)(c) in the application for first registration of the Right is reasonable in relation to that author’s contribution.
(5) Where a book has two or more authors (including any who are not eligible persons) and the Registrar is satisfied that one or more of them is dead or cannot be traced at the date of application despite all reasonable steps having been taken to do so, the Public Lending Right shall be apportioned amongst all the authors (including any who are not eligible persons)
(a)by attributing to each author the same share of Public Lending Right as has been attributed to that author in respect of any other book by the same authors or, if there is more than one such other book, the most recent book by those authors in respect of which Public Lending Right has been registered, if the Registrar is satisfied that there has been no significant change in the respective contributions of the authors;
(b)where sub-paragraph (a) does not apply, equally, subject to
(i)the prior application of paragraphs (2), (3) and (7), and
(ii)where the book is illustrated,
(aa)the attribution of twenty per cent of the Public Lending Right to the illustrator, or
(bb)if he satisfies the Registrar that he has contributed more than twenty per cent of the contents of the book, the attribution of the percentage equal to that percentage contribution, or
(cc)if there is more than one illustrator (including any who are not eligible persons), the attribution of an equal share of twenty per cent or the higher percentage attributable to illustrators in accordance with sub-paragraph (bb).
(6) Where paragraph 5(b)(ii) applies, an illustrator who is also an author of a book in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that sub-paragraph, be entitled to any further share of the Right which is attributable to him as author in that other capacity.
(7) Where all the persons (including the personal representatives of a posthumously eligible person) amongst whom the Public Lending Right would otherwise be apportioned equally in accordance with paragraph (5)(b) jointly notify the Registrar in writing that they wish the Right to be apportioned in a manner other than equally, the apportionment specified by them shall apply if the Registrar is satisfied that it is reasonable in that case.
(8) Where all the authors who are party to an application under article 17(1)(c) and who are entitled under paragraphs (2), (3), and 5(b)(ii) to a share of a percentage of Public Lending Rights in respect of the relevant book specify in accordance with article 17(1)(c) that the said percentage shall be apportioned in a manner other than that provided for by those paragraphs the specified apportionment shall apply if the Registrar is satisfied that it is reasonable in that case.”.
8. Article 14 of the Scheme shall be varied by inserting after the words “this Scheme” the words “other than an application required under article 14A”.
9. The following new article shall be inserted after article 14—
14A. An application under article 17B for first registration of Public Lending Right, or of a posthumously eligible person’s share of the Right, in relation to a posthumously eligible book shall be made in writing to the Registrar and shall provide in such form as he may from time to time require
(a)the information specified in paragraphs 1 to 4 of Part I of Schedule 1 other than the address specified in paragraph 4,
(b)a statement signed by the personal representatives of the posthumously eligible person that the conditions as to eligibility specified in articles 5A and 6A are satisfied, and
(c)in the case of a work by more than one author, a statement signed as aforesaid that the posthumously eligible person in relation to whom the application is being made was translator, editor or compiler or illustrator of the book and that the claim to Public Lending Right in respect thereof is limited to the percentage prescribed in article 9A(2), (3) or (5)(b)(ii) or that the other author, or one of the other authors, of the work is a translator and that the claim to Public Lending Right in respect thereof is limited to that share or to a share of that share to which the translator is not entitled,
and shall be accompanied, when the personal representatives have not previously made an application under article 17B in relation to that posthumously eligible person, by
(i)the probate, letters of administration or confirmation of executors of the posthumously eligible person in relation to whom the application is being made, and
(ii)a certificate signed by a Member of Parliament, Justice of the Peace, Minister of Religion, lawyer, bank officer, school teacher, police officer, doctor or other person accepted by the Registrar as being of similar standing and stating that he had known the posthumously eligible person in relation to whom the application is being made for at least two years before the date of his death, that he was not related to him and that to the best of his knowledge the contents of the statement referred to in sub-paragraph (b) are true.”.
10. Article 17 of the Scheme shall be varied by inserting after sub-paragraph (1)(c)(ii) the following sub-paragraph—
“or
(iii)any author of the book who is not a party to the applicatiion is a translator and the application specifies that it relates only to that share of Public Lending Right in the book to which the translator is not entitled.”.
11. The following new article shall be inserted after article 17B—
17B. An application for first registration of Public Lending Right in respect of a posthumously eligible book and an application for first registration of a posthumously eligible person’s share of Public Lending Right in respect of such a book with two or more authors (including any who are not eligible persons)—
(a)shall satisfy the requirements of article 14A and be made by delivery at the registry, and
(b)shall be made by the personal representatives of the posthumously eligible person concerned.”.
12. Article 36 of the Scheme shall be varied:—
(a)by inserting after the definition of “group” the following definition—
““library” has the meaning assigned to it by section 3(4) of the Act;”;
(b)by inserting after the definition of “loans” the following definition—
““mobile library service point” means a service point which is taken about from place to place;”; and
(c)by substituting for the definition of “sampling point” the following definition—
““sampling point” means any principal service point, ordinary service point or mobile library service point which has been designated, for the time being, by the Registrar under article 38;”.
13. Article 38 of the Scheme shall be varied:—
(a)by substituting for paragraph (1) the following paragraph—
“(1) Such local library authorities as the Registrar may require shall, not later than 30th September in each year, furnish to the Registrar lists, as at 31st March of that year, of all their ordinary and principal service points and, in the case of local library authorities in the Counties of Dyfed and Gwynedd and the Districts of Colwyn and Glyndwr in the County of Clwyd, of all their mobile library service points. The Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (6) those service points which are to be operative sampling points as from the beginning of the ensuing sampling year.”;
(b)by substituting for paragraph (2) the following paragraph—
“(2) The Registrar shall so exercise his powers under this article as to secure, subject to paragraph (4), that—
(a)at all times there shall be 30 operative sampling points comprising—
(i)5 points falling within each of Groups A and D in Schedule 2,
(ii)4 points falling within each of Groups B, C and E in Schedule 2,
(iii)3 points falling within each of Groups F and G in Schedule 2, and
(iv)2 points falling within Group H in Schedule 2;
(b)at all times the operative sampling points falling within each Group in Schedule 2 shall include, subject to paragraph (3), a principal service point and an ordinary service point;
(c)at all times one of the 3 operative sampling points falling within Group F in Schedule 2 shall be within the County of Dyfed or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clwyd;
(d)at all times one of the 3 operative sampling points falling within Group G in Schedule 2 shall be outside the Metropolitan Districts of Edinburgh and Glasgow;
(e)no operative sampling point other than a point falling within the County of Dyfed or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clywd shall be a mobile library service point;
(f)with effect from the beginning of each sampling year at least 10 out of the 30 operative sampling points shall be replaced by new such points; and
(g)no service point shall remain an operative sampling point for a continous period of more than four years.”.
14. Article 42 of the Scheme shall be varied by substituting for paragraph (3) the following paragraph—
“(3) For the purposes of paragraph (2)
(a)Groups A, B and C in Schedule 2 shall be treated as one group; and
(b)if on any occasion on which any details of lendings at a particular sampling point furnished to the Registrar in accordance with article 40 record loans of a copy of a book in excess of an average of one loan for each period of five days covered by the details, the loans in excess of that average shall be disregarded.”.
15. Article 46 of the Scheme shall be varied—
(a)in paragraph (1)(a) by substituting “1.45p” for “1.12p”;
(b)in paragraph (2)(b) by substituting “£6,000” for “£5,000” in both places it appears; and
(c)by substituting for paragraph (3) the following paragraph—
“(3) If the aggregate of the amounts determined in accordance with paragraph (2) in respect of each registered interest of the registered owner thereof is less than £1, the sum due in respect of the registered interest shall be nil.”.
16. Schedule 1 to the Scheme shall be varied in Part I by inserting after sub-paragraph 6(b) the following sub-paragraph—
“or
(c)where one of the authors of the work is a translator, a statement signed by the other author or, if more than one, all the other authors who are alive and can be traced at the date of application specifying—
(i)that another author of the book who is not a party to the application is a translator,
(ii)that the claim to Public Lending Right in respect thereof is limited to that share to which the translator is not entitled, and
(iii)where there is more than one author other than the translator
(aa)the agreed share of each such author in that share of the Public Lending Right to which the translator is not entitled, and
(bb)whether any such author is editor or compiler or, if any such author is dead or untraced at the date of application, illustrator of the book and, if so, whether he is also an author of the book in another capacity.”.
17. For Schedule 2 to the Scheme there shall be substituted the following Schedule—
Articles 36—38
Service points shall be grouped according to local library authority as follows—
Those within the areas of the following non-metropolitan counties—
| Bedfordshire | Essex | Oxfordshire |
| Berkshire | Hertfordshire | Suffolk |
| Buckinghamshire | Kent | Surrey |
| Cambridgeshire | Norfolk | West Sussex |
| East Sussex | Northamptonshire |
Those within the areas of the following non-metropolitan counties—
| Avon | Hampshire | Somerset |
| Cornwall | Hereford & Worcester | Staffordshire |
| Devon | The Isle of Wight | Warwickshire |
| Dorset | The Isles of Scilly | Wiltshire |
| Gloucestershire | Shropshire |
Those within the areas of the following non-metropolitan counties—
| Cheshire | Humberside | North Yorkshire |
| Cleveland | Lancashire | Nottinghamshire |
| Cumbria | Leicestershire | |
| Derbyshire | Lincolnshire | |
| Durham | Northumberland |
Those within the areas of the metropolitan districts of England.
Those within the area of Greater London.
Those in Wales.
Those in Scotland.
Those in Northern Ireland.”.