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.
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”
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.
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.
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.
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.
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.
14. Any application required under this Scheme—
(a)for first registration of Public Lending Right or of an eligible author's share of the Right;
(b)for the transfer of a registered interest, or
(c)for renunciation of a registered interest,
shall be made in writing to the Registrar and provide the information specified in Part I, II or III of Schedule 1 (as the case may be) in such form as he may from time to time require.
15. The Registrar shall record the date upon which each application for first registration is received by him.
16.—(1) When the Registrar is satisfied as to the eligibility of a book for registration and as to the persons entitled to Public Lending Right in respect of that book and, if more than one, of their respective shares therein, the registration shall be completed and, as regards a first registration of the Right, each registration shall be effective as from the day the application was recorded by the Registrar as having been received by him.
(2) On completion of a registration the Registrar shall issue to any person so entered in the Register as having an interest in the Public Lending Right in respect of the book to which the entry relates, an acknowledgment of registration in the form of a copy of the relevant entry, indicating therein the date from which the entry takes effect.
17.—(1) An application for first registration of Public Lending Right in respect of an eligible book—
(a)shall satisfy the requirements of Article 14 and be made by delivery at the registry;
(b)shall be made by an eligible author, and
(c)where the book has two or more authors (including any who are not eligible persons), shall specify the shares of each of them in the Right and, for that purpose, each of those authors shall be a party to the application.
(2) An application for first registration of an eligible author's share of Public Lending Right in respect of an eligible book with two or more authors (including any who are not eligible persons)—
(a)shall satisfy the requirements of Article 14 and be made by delivery at the registry, and
(b)shall be made by the author concerned.
(3) Anything which falls to be done by an author under this Article shall, if he is not of full age, be done by his parent or guardian and that parent or guardian shall be recorded in the Register as the person to whom are payable sums in respect of any registered interest of the author until such time as a transfer of the registration into the author's own name has been recorded in pursuance of Article 25.
18. The Registrar may require the submission of evidence to satisfy him that a book is an eligible book and that a person applying as author for the first registration of Public Lending Right, or the registration of a share of the Right, in respect thereof—
(a)is in fact the author of that book;
(b)is an eligible person;
but for the purposes hereof he shall be entitled to rely upon a statutory declaration or a declaration made before a Notary Public.
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.
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.
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.
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.
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.
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.
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.
26. On production of the probate, letters of administration, or confirmation of executors of a registered owner, the personal representatives named in such probate, letters or confirmation shall, on production of the same to the Registrar, be registered as owner in place of the deceased owner with the addition of the words “executor or executrix (or administrator or administratrix) of [name] deceased”.
27. The personal representatives registered under the preceding Article may transfer the interest of the deceased owner, such transfer being in accordance with Articles 21 to 24 or such provisions thereof as are applicable in the circumstances of the case.
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]”.
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]”.
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.
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.
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.
33. Where in the case of any application for first or any subsequent registration an applicant has failed to provide within three months information requested by the Registrar, notice may be given to the applicant that the application will be treated as abandoned unless the information is duly furnished within a time (not being less than one month) determined by the Registrar and specified in the notice; and if, at the expiration of that time, the information so requested is not furnished, the application may be treated as abandoned.
34. Where the Registrar, pursuant to section 4(5) of the Act, directs the removal from the Register of any entry relating to a book in whose case no sum has become due by way of Public Lending Right for a period of at least ten years, any subsequent application for the entry to be restored to the Register may be made only by the person who, at the date of the removal of the entry, was the registered owner, or by his legal personal representatives.
35.—(1) The Registrar shall not supply a copy of any entry in the Register otherwise than to—
(a)a registered owner, as regards any entry which relates to his registered interest; or
(b)such other person as the registered owner may direct, but if the entry in question also relates to other registered owners, only with the consent of all such owners.
(2) The Registrar may require a payment of a fee for supplying a copy of an entry in the Register, not exceeding £5 in respect of each such entry.