The Public Lending Right Scheme 1982 (Commencement) Order 1982

Made: 17th May 1982

Laid before Parliament: 1st June 1982

Coming into Operation: 14th June 1982

In exercise of the powers conferred on me by section 3 (2) of the Public Lending Right Act 1979[^f00001], I hereby make the following Order:—

1

This Order may be cited as the Public Lending Right Scheme 1982 (Commencement) Order 1982 and shall come into operation on 14th June 1982.

2

• (1) The Scheme set out in the Appendix hereto, which has been approved by a resolution of each House of Parliament, shall come into force in the manner hereinafter provided.

• (2) The provisions of the Scheme specified in column 1 of the table set out below shall come into force on the dates specified in relation thereto in column 2 of that table:

(1)	(2)
Provisions of the Scheme	Date on which provisions come into force
Parts I, II and IV, Schedule 2 and Schedule 3 Part I	14th June 1982
Part III and Schedule 1	1st September 1982
Part V, Schedule 3 Part II and Schedule 4	1st July 1983

APPENDIX — PUBLIC LENDING RIGHT SCHEME 1982

PUBLIC LENDING RIGHT SCHEME 1982

PART I — TITLE AND INTERPRETATION

Citation and extent

1

This Scheme may be cited as the Public Lending Right Scheme 1982, and shall extend to the whole of the United Kingdom.

General definitions

2

• (1) In this Scheme, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “the Act”means the Public Lending Right Act 1979[^f00002];

• “author”, in relation to an eligible book, means a person who is, or one of a number of persons who are, treated as such by Article 4;

• “the Board” has the meaning assigned thereto by section 5(2) of the Act;

• “EEA State” means a member State, Norway, Iceland and Lichtenstein;

• “eligible author”, in relation to an eligible book, means an author of that book who is an eligible person;

• “eligible book” has the meaning assigned thereto by Article 6;

• “eligible person”, in relation to an author, has the meaning assigned thereto by Article 5;

• “financial year” means a period of twelve months ending on the 31st March;

• “identifying number” means the number entered in the Register in pursuance of Article 8(1)(a)(iv);

• ...

• “local library authority” has the meaning assigned thereto by section 5(2) of the Act;

• “posthumously eligible book” has the meaning assigned thereto by article 6A;

• “posthumously eligible person” has the meaning assigned thereto by article 5A;

• ... “the Register” has the meaning assigned thereto by section 5(2) of the Act;

• “registered interest” means the interest (being the whole or a share thereof), in the Public Lending Right in respect of a particular book, shown on the Register as belonging to a particular person, and “registered owner” means the person for the time being so registered;

• “the registry” means the place at which the Register is for the time being maintained in pursuance of Article 7;

• “sampling year” has the meaning assigned thereto by Article 36.

• (2) In this Scheme, except where the context otherwise requires, any reference to an Article or to a Part or to a Schedule shall be construed as a reference to an Article contained in, or to a Part of or a Schedule to, this Scheme, as the case may be, and any reference in any Article to a paragraph shall be construed as a reference to a paragraph in that Article.

Delivery of documents and service of notice

3

Unless the context otherwise requires, any requirement in this Scheme for—

• (a) a document or an application to be delivered at the registry or produced to the Board or for notice to be given to the Board, shall be satisfied if the same is either—

• (i) delivered in person at the registry between the hours of 11 am and 3pm on a working day; or

• (ii) sent through the post by recorded delivery;

• (b) a local library authority or a registered owner to be notified of any matter shall be satisfied if such notification is sent through the post.

PART II — BOOKS AND AUTHORS ELIGIBLE UNDER THE SCHEME

Authors

4

• (1) Subject to paragraph (2), a person shall be treated as an author of a book for the purpose of this Scheme if he is either—

• (a) a writer of the book, including without prejudice to the generality of that expression,

• (i) a translator thereof, and

• (ii) an editor or compiler thereof, who in either case has contributed more than ten per cent of the contents of the book or more than ten pages of the contents, whichever is the less , or who is entitled to a royalty payment from the publisher in respect of the book , and

• (iii) in relation to an audio-book, a producer or narrator thereof; or;

• (b) an illustrator thereof, which for this purpose includes the author of a photograph ....

• (c) in the case of a book without a title page, is evidenced—

• (i) by his being named elsewhere in the book and in the view of the Board his contribution to the book was such that he would have merited a mention on the title page had there been one, or

• (ii) by his entitlement to a royalty payment from the publisher in respect of the book; or

• (d) is evidenced by a statement, signed by all the other authors of the book in respect of whom the fact that they are authors of the book is evidenced in accordance with paragraphs (a) to (c), that his contribution to the book was such that it is appropriate that he should be treated as an author of the book and the Board is satisfied that it is sppropriate so to treat him.

• (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) is evidenced by his entitlement to a royalty payment from the publisher in respect of the book; or

• (c) in the case of a book without a title page, is evidenced—

• (i) by his being named elsewhere in the book and in the view of the Board his contribution to the book was such that he would have merited a mention on the title page had there been one, or

• (ii) by his entitlement to a royalty payment from the publisher in respect of the book; or

• (iii) by his being named on the case with which the audio-book is sold; or;

• (iv) is evidenced by reference to a written contract with the publisher of the audio-book which refers expressly to his being an author within the meaning of paragraph (1).

• (d) is evidenced by a statement, signed by all the other authors of the book in respect of whom the fact that they are authors of the book is evidenced in accordance with paragraphs (a) to (c), that his contribution to the book was such that it is appropriate that he should be treated as an author of the book and the Board is satisfied that it is sppropriate so to treat him.

Eligible persons

5

• (1) For the purposes of the Scheme, and in relation to each application by a person relating to an eligible book, the applicant is an eligible person if he is an author (within the meaning of Article 4) of that book who at the date of the application has his only or principal home in the United Kingdom or an EEA State or, if he has no home, has been present in the United Kingdom or an EEA State for not less than twelve months out of the preceding twenty-four months.

• (2) In this Article, “principal home”, in the case of a person having more than one home means that one of those homes at which he has been for the longest aggregate period during the twenty-four months immediately preceding the application for registration.

Eligible books

6

• (1) For the purposes of this Scheme, an eligible book is a book (as defined in paragraph (2)) the sole author, or at least one of the authors, of which is an eligible person; and there shall be treated as a separate book—

• (a) each volume of a work published in two or more volumes, and

• (b) each new edition of a book.

• (2) In paragraph (1) “book” means a printed and bound publication (including a paper-back edition) or an audio-book or an e-book but does not include—

• (a) a book bearing, in lieu of the name of an author who is a natural person, the name of a body corporate or an unincorporated association;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a book which is wholly or mainly a musical score;

• (d) a book the copyright of which is vested in the Crown;

• (e) a book which has not been offered for sale to the public; ...

• (f) a serial publication including, without prejudice to the generality of that expression, a newspaper, magazine, journal or periodical ; or

• (g) a book which does not have an International Standard Book Number.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — REGISTRATION OF PUBLIC LENDING RIGHT

The Register

The Register

7

The Board 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.

The content of the Register

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 Board;

• (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 Board shall also keep at the registry an index whereby all entries in the Register can readily be traced, and for this purpose “index” includes any device or combination of devices serving the purpose of an index.

Registration

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 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.

• (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 in accordance with articles 14 and 17.

• (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) application in that behalf is made in accordance with Articles 14 and 17.

...

• (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.

Dealings to be effected only on the Register

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 Board.

Register to be conclusive

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.

Amendment of the Register

12

The Register may be amended pursuant to an Order of a Court of competent jurisdiction or by the decision of the Board 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 Board 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 Board 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 Board just to amend the Register.

Payments consequent upon amendment

13

The person who, as a result of an amendment of the Register pursuant to Article 12 or 17A 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.

Procedure for Registration

Forms of application

14

Any application required under this Scheme other than an application required under article 14A—

• (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 Board and provide the information specified in Part I, II or III of Schedule 1 (as the case may be) in such form as the Board may from time to time require.

Recording of receipt of application

15

The Board shall record the date upon which each application for first registration is received by the Board.

Completion of registration

16

• (1) When the Board 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 Board as having been received by the Board.

• (2) On completion of a registration the Board 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.

First Registration

Application for first registration

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 proposed shares of each of them and for that purpose each of those authors who is alive at the date of application shall be a party to the application, unless

• (i) the Board is satisfied that he cannot be traced, despite all reasonable steps having been taken to do so, or

• (ii) the application is made by the translator or editor or compiler or narrator or producer of the book and he specifies that he is making the application only in his capacity as such, 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 , or

• (iv) the application is made by an author of the book and he specifies that he is making the application otherwise than wholly or partly in the capacity of translator, editor, or compiler or narrator or producer of the book, and–

• ((aa)) there is at the date of the application an effective agreement or arrangement between each person who is an author of the book (including any author who is not an eligible person or who does not wish to register);

• ((bb)) each such person is a party to the agreement or arrangement otherwise than wholly or partly in the capacity of translator, editor or compiler or narrator or producer of the book; and

• ((cc)) the agreement or arrangement relates to the apportionment of shares of Public Lending Right in the book or, where there is any eligible person who would be entitled to a share of the Right by virtue of being a translator, editor, or compiler or narrator or producer, to the apportionment of shares in such proportion of the Right as would remain after taking account of any such entitlement.

• (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, ...

• (b) shall be made by the author concerned , and

• (c) shall, when made by an author otherwise than wholly or partly in the capacity of translator, editor or compiler or narrator or producer of the book, satisfy the requirements of paragraph (1)(c)(iv).