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Paragraph 17B Application for first registration in respect of posthumously eligible booksF1

(F21)

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)

F3unless paragraph (2) applies, shall be made by the personal representatives of the posthumously eligible person concerned.

F4(2)

This paragraph applies where—

(a)

the application is made by a person (“the transferee”) who previously received a transfer under article 27 of the deceased author’s interest in respect of one or more eligible books, and

(b)

when the transfer was made, the personal representatives of the deceased author gave a declaration in accordance with paragraph (3).

(3)

The declaration referred to in paragraph (2)(b) is a declaration, in such form as the Board may from time to time require, that the personal representatives of the deceased author are not aware of any person other than the transferee who would be entitled, pursuant to an application under this article, to the registered interest in respect of any posthumously eligible book by the deceased author.

(4)

In this article, “deceased author” means the posthumously eligible person in relation to whom the application referred to in paragraph (1) is made.

Annotations

Textual amendments

F1

Appendix Scheme art. 17B inserted (22.12.1988) by virtue of The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988 (S.I. 1988/2070), art. 2, Appendix 1 para. 11 (see S.I. 1989/2188, art. 2, Appendix 4)

F2

Appendix Scheme art. 17B renumbered as Appendix Scheme art. 17B(1) (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 2(a)

F3

Words in Appendix Scheme art. 17B(1)(b) inserted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 2(b)

F4

Appendix Scheme art. 17B(2)-(4) inserted (31.10.2023) by The Public Lending Right Scheme 1982 (Commencement of Variations) (No. 2) Order 2023 (S.I. 2023/1068), art. 2, Appendix para. 2(c)