Paragraph 17 Application for first registrationI1

United Kingdom

(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

F1(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 F2Board 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 F3or narrator or producer of the book and he specifies that he is making the application only in his capacity as such, F4or

(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 F5, or

F6(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, F7...

(b)

shall be made by the author concerned F8, and

F9(c)

shall, when made by an author otherwise than wholly or partly in the capacity of translator, editor or compiler F10or narrator or producer of the book, satisfy the requirements of paragraph (1)(c)(iv).

(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.

Annotations

Textual amendments

F1: Appendix Scheme art. 17(1)(c) substituted (28.12.1984) by The Public Lending Right Scheme 1982 (Amendment) Order 1984 (S.I. 1984/1847), arts. 1(1), 8
F2: Word in Appendix Scheme substituted (1.10.2013) by The Public Bodies (Abolition of the Registrar of Public Lending Right) Order 2013 (S.I. 2013/2352), art. 1(2), Sch. 2 para. 1(2)(a) (with art. 8)
F3: Words in Appendix Scheme art. 17(1)(c) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 6
F4: Appendix Scheme art. 17(1)(c)(iii) inserted (22.12.1988) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988 (S.I. 1988/2070), art. 2, Appendix 1 para. 10
F5: Word in Appendix Scheme art. 17(1)(c)(iii) inserted (21.12.1989) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989 (S.I. 1989/2188), art. 2, Appendix para. 3(b)
F6: Appendix Scheme art. 17(1)(c)(iv) inserted (21.12.1989) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989 (S.I. 1989/2188), art. 2, Appendix para. 3(c)
F7: Word in Appendix Scheme art. 17(2)(a) omitted (21.12.1989) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989 (S.I. 1989/2188), art. 2, Appendix para. 3(d)
F8: Word in Appendix Scheme art. 17(2)(b) inserted (21.12.1989) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989 (S.I. 1989/2188), art. 2, Appendix para. 3(e)
F9: Appendix Scheme art. 17(2)(c) inserted (21.12.1989) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1989 (S.I. 1989/2188), art. 2, Appendix para. 3(f)
F10: Words in Appendix Scheme art. 17(2)(c) inserted (1.7.2014) by The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014 (S.I. 2014/1457), art. 2, Appendix para. 6

Commencement

I1: Appendix Scheme art. 17 in force at 1.9.1982, see art. 2(2)