The Public Lending Right Scheme 1982 (Commencement) Order 1982

APPENDIXPUBLIC LENDING RIGHT SCHEME 1982 ARRANGEMENT OF SCHEME

PART IIIREGISTRATION OF PUBLIC LENDING RIGHT

Subsequent dealings with Public Lending Right

Public Lending Right to be transmissible

19.  A registered interest shall be transmissible by assignment or assignation, by testamentary disposition or by operation of law, as personal or movable property, so long, as regards a particular book, as the Right in respect of that book is capable of subsisting.

Period during which the Right may be transferred

20.  The duration of Public Lending Right in respect of any book and the period during which there may be dealings therein shall be from the date of the book's first publication (or, if later, the beginning of the sampling year in which application is made for it to be registered) until fifty years have elapsed since the end of the sampling year in which the author died or, if the book is registered as the work of more than one author, as regards dealings in the share of the Right attributable to that author, the end of the year in which that author died.

Whole interest to be assigned

21.—(1) The disposition of Public Lending Right, after the first registration thereof, shall, as respects each registered interest in any book, be for the whole of that interest.

(2) On such disposition the interest may be registered in the name of joint owners, being not more than four in number and all being of full age, but in such case the senior only shall be deemed, for the purposes of the Scheme, to be the registered owner; seniority shall be determined by the order in which names stand in the Register.

(3) Subject to Articles 29 and 30, no notice of any trusts, expressed, implied or constructive, shall be entered on the Register or be receivable by the Registrar.

Applications for transfer

22.  Every application for registration of a transfer of Public Lending Right shall satisfy the requirements of Article 14 and be made by delivery at the registry.

Stamp duty

23.—(1) An application for transfer shall bear the proper Inland Revenue stamp impressed thereon to show that all duty payable (if any) in respect of the transaction has been paid.

(2) Where an application for transfer is submitted for the purpose of giving effect to a transaction under a deed or other instrument on which the Inland Revenue stamp has already been impressed, such stamped instrument shall, before completion of the registration, be produced to the Registrar to show that all duty payable (if any) in respect of the transaction has been paid.

Proof of author's existence

24.  It shall be a condition of registration of every transfer that the transferee provides, and gives an undertaking to the Registrar in future to provide at such intervals and in such form as the Registrar may require, evidence that the author is still alive, or, as the case may be, evidence of the author's death.

Registration by an author on attainment of full age

25.  An author whose interest is, pursuant to Article 17(3), registered in the name of his parent or guardian may, on attaining full age, make application to the Registrar in accordance with Articles 21 to 23, so far as they are applicable, for the transfer of the registration of the Right into his own name, and until such transfer has been recorded the Registrar shall be entitled to remit any sums due in respect of the Right to such parent or guardian.