The Public Lending Right Scheme 1982 (Commencement) Order 1982

• Citation: S.I. 1982/719
• Sections: 84

Section 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.

Section 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:

Section 1

The title of the book to which the application relates.

Section 1

The title of the book.

Section 1

The name and address of the person renouncing.

Section 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

The name of every author (within the meaning of article 4) and the evidence on which each author relies for the purpose of being treated as an author in accordance with article 4(2).

Section 2

The International Standard Book Number (if any) of the book.

Section 2

The title of the book to which the renunciation relates.

Section 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3

The true identity (if different from 2 above) of each such person, and his address.

Section 3

The name and address of the transferor.

Section 3

The International Standard Book Number (if any) of the book.

Section 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4

The International Standard Book Number (if any) of the book.

Section 4

The name and address of the transferee.

Section 4

The extent of the Right being renounced.

Section 5

A statement signed by each applicant that in each case the conditions as to eligibility specified in Part II of the Scheme are satisfied at the date of application ... .

Section 5

An undertaking by the transferee to furnish to the Board , whenever so required, proof that the author is still alive.

Section 5

The period in respect of which the Right is renounced.

Section 6

In the case of a work by more than one author—

(a) a statement signed by all the authors who are alive and can be traced at the date of application specifying—

(i) the agreed share in the Public Lending Right of each author, and

(ii) whether any author is translator, editor, compiler or, if any author is dead or untraced at the date of application, illustrator of the book and, if so, whether he is also an author of the book in another capacity, or

(b) a statement by the applicant that he is translator, editor or compiler of the book and that his claim to the Public Lending Right in respect thereof is limited to the percentage prescribed in Article 9A(2) or (3) as the case may be or

(c) where one of the authors of the work is a translator, a statement signed by the other author or, if more than one, all the other authors who are alive and can be traced at the date of application specifying—

(i) that another author of the book who is not a party to the application is a translator,

(ii) that the claim to Public Lending Right in respect thereof is limited to that share to which the translator is not entitled, and

(iii) where there is more than one author other than the translator

(aa) the agreed share of each such author in that share of the Public Lending Right to which the translator is not entitled, and

(bb) whether any such author is editor or compiler or, if any such author is dead or untraced at the date of application, illustrator of the book and, if so, whether he is also an author of the book in another capacity or

(d) where such an application as is mentioned in paragraph (1)(c)(iv) of article 17 is made in accordance with paragraph (1) or (2) of that article, a statement specifying the names of all the other persons whether or not party to such agreement or arrangement as is mentioned in paragraph (1)(c)(iv) of article 17, who are eligible for a share of Public Lending Right in respect of the book.

Section 7

Where an editor or compiler of a book wishes to claim, or claim an equal share of, more than twenty per cent of the Public Lending Right in accordance with Article 9A(3), particulars indicating evidence of the percentage that he has, or where there are two or more editors or compilers that they have jointly, contributed to the contents of the book.

Section 8

In the case of an author not of full age, a declaration by the applicant that he is the parent or guardian, as the case may be, of the author, and a copy of the author's birth certificate.

Section 1 Citation and extent

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

Section 2 General definitions

(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 ;

“ 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.

Section 3 Delivery of documents and service of notice

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.

Section 4 Authors

(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.

Section 5 Eligible persons

(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.

Section 5A Posthumously eligible persons

For the purposes of the Scheme, and in relation to each application relating to a posthumously eligible book, an author who is dead is a posthumously eligible person if, had he been an applicant for first registration of Public Lending Right in relation to that book at the date of his death, he would have been an eligible person in accordance with article 5.

Section 6 Eligible books

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6A Posthumously eligible books

For the purposes of the Scheme, a book is a posthumously eligible book if—

(a) it is a book within the meaning of article 6(2),

(b) the sole author, or at least one of the authors, of the book is a posthumously eligible person, and

(c) the book is either

(i) published within one year before or ten years after the date of that person’s death and that person had made a successful application during his lifetime for registration of Public Lending Right or of an eligible author’s share of the Right in respect of at least one other book, or

(ii) a book which consists of or incorporates a work of that person which had previously been the constituent of or incorporated in a book in relation to which that person had made such an application as aforesaid.

Section 7 The Register

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.

Section 8 The content of the Register

(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.

Section 9 Registration

(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.

Section 9A Shares in Public Lending Right

(1) Subject to the following paragraphs an eligible person's registered share of Public Lending Right in respect of a book other than an audio-book, of which he is author shall be the whole of that Right or, where a book has two or more authors (including any who are not eligible persons), such share of the Public Lending Right as may be specified in accordance with Article 17(1)(c) in the application for first registration of the Right.

(2) A translator's share of Public Lending Right in respect of a book other than an audio-book, shall be thirty per cent of that Right, or if there is more than one translator (including any who are not eligible persons), an equal share of thirty per cent, but this paragraph shall not apply where a translator is an author of the book in another capacity unless he makes an application in accordance with Article 17(1)(c)(ii).

(3) An editor's or compiler's share of Public Lending Right in respect of a book other than an audio-book, shall be

(a) twenty per cent of that Right, or

(b) if he satisfies the Board that he has contributed more than twenty per cent of the contents of the book, the percentage equal to that percentage contribution, or

(c) if there is more than one editor or compiler (including any who are not eligible persons), an equal share of twenty per cent or the higher percentage attributable to the editors or compilers in accordance with sub-paragraph (b).

(4) Each eligible person’s share of Public Lending Right in respect of a book other than an audio-book, with two or more authors (including any who are not eligible persons but disregarding a translator, editor or compiler) shall not exceed fifty per cent. of that Right unless the Board is satisfied that any share exceeding fifty per cent. which is specified in accordance with article 17(1)(c) in the application for first registration of the Right or in accordance with article 17(2) in the application for first registration of an eligible author’s share of the Right is reasonable in relation to that author’s contribution.

(5) Where a book other than an audio-book, has two or more authors (including any who are not eligible persons) and the Board is satisfied that one or more of them is dead or cannot be traced at the date of application despite all reasonable steps having been taken to do so, the Public Lending Right shall be apportioned amongst all the authors (including any who are not eligible persons)

(a) by attributing to each author the same share of Public Lending Right as has been attributed to that author in respect of any other book by the same authors or, if there is more than one such other book, the most recent book by those authors in respect of which Public Lending Right has been registered, if the Board is satisfied that there has been no significant change in the respective contributions of the authors;

(b) where sub-paragraph (a) does not apply, equally, subject to

(i) the prior application of paragraphs (2), (3) and (7), and

(ii) where the book is illustrated,

(aa) the attribution of twenty per cent of the Public Lending Right to the illustrator, or

(bb) if he satisfies the Board that he has contributed more than twenty per cent of the contents of the book, the attribution of the percentage equal to that percentage contribution, or

(cc) if there is more than one illustrator (including any who are not eligible persons), the attribution of an equal share of twenty per cent or the higher percentage attributable to illustrators in accordance with sub-paragraph (bb).

(6) Where paragraph 5(b)(ii) applies, an illustrator who is also an author of a book other than an audio-book, in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that ...paragraph, be entitled to any further share of the Right which is attributable to him as author in that other capacity.

(7) Where all the persons (including the personal representatives of a posthumously eligible person) amongst whom the Public Lending Right would otherwise be apportioned equally in accordance with paragraph (5)(b) jointly notify the Board in writing that they wish the Right to be apportioned in a manner other than equally, the apportionment specified by them shall apply if the Board is satisfied that it is reasonable in that case.

(8) Where all the authors who are party to an application under article 17(1)(c) and who are entitled under paragraphs (2), (3), and 5(b)(ii) to a share of a percentage of Public Lending Rights in respect of the relevant book specify in accordance with article 17(1)(c) that the said percentage shall be apportioned in a manner other than that provided for by those paragraphs the specified apportionment shall apply if the Board is satisfied that it is reasonable in that case.

Section 9B Shares in Public Lending Right in respect of audio-books

(1) In respect of an audio-book for which there is a writer, narrator and producer, but no editor or translator—

(a) the writer’s share shall be sixty per cent of the Public Lending Right,

(b) the narrator’s share shall be twenty per cent of that Right, and

(c) the producer’s share shall be twenty per cent of that Right.

(2) In respect of an audio-book for which there is both an editor and a translator—

(a) the writer’s share shall be thirty per cent of the Public Lending Right,

(b) the narrator’s share shall be twenty per cent of that Right,

(c) the producer’s share shall be twenty per cent of that Right,

(d) the editor’s share shall be twelve per cent of that Right, and

(e) the translator’s share shall be eighteen per cent of that Right.

(3) In respect of an audio-book for which there is an editor, but no translator—

(a) the writer’s share shall be forty-eight per cent of the Public Lending Right,

(b) the narrator’s share shall be twenty per cent of that Right,

(c) the producer’s share shall be twenty per cent of that Right, and

(d) the editor’s share shall be twelve per cent of that Right.

(4) In respect of an audio-book for which there is a translator, but no editor—

(a) the writer’s share shall be forty-two per cent of the Public Lending Right,

(b) the narrator’s share shall be twenty per cent of that Right,

(c) the producer’s share shall be twenty per cent of that Right, and

(d) the translator’s share shall be eighteen per cent of that Right.

(5) In the case of an audio-book for which the number of writers, narrators, producers, editors or translators is greater than one (including any who are not eligible persons) the respective shares of the Public Lending Right referred to in paragraph (1) to (4) shall be divided equally.

Section 10 Dealings to be effected only on the Register

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 .

Section 11 Register to be conclusive

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.

Section 12 Amendment of the Register

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.

Section 13 Payments consequent upon amendment

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.

Section 14 Forms of application

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.

Section 14A Forms of application in respect of posthumously eligible books

An application under article 17B for first registration of Public Lending Right, or of a posthumously eligible person’s share of the Right, in relation to a posthumously eligible book shall be made in writing to the Board and shall provide in such form as the Board may from time to time require

(a) the information specified in paragraphs 1 to 4 of Part I of Schedule 1 other than the address specified in paragraph 3 ,

(b) where paragraph (2) of article 17B does not apply, a statement signed by the personal representatives of the posthumously eligible person that the conditions as to eligibility specified in articles 5A and 6A are satisfied, ...

(ba) where paragraph (2) of article 17B applies—

(i) the name and address of the applicant, and

(ii) a statement signed by the applicant that the conditions as to eligibility specified in articles 5A and 6A are satisfied, and

(c) in the case of a work by more than one author, a statement signed by the applicant, if article 17B(2) applies, or otherwise by the personal representatives of the posthumously eligible person in relation to whom the application is being made , that the posthumously eligible person was translator, editor or compiler or illustrator or narrator or producer of the book and that the claim to Public Lending Right in respect thereof is limited to the percentage prescribed in article 9A(2), (3) , (5)(b)(ii) or article 9B or that the other author, or one of the other authors, of the work is a translator and that the claim to Public Lending Right in respect thereof is limited to that share or to a share of that share to which the translator is not entitled,

and shall be accompanied, when paragraph (2) of article 17B does not apply and the personal representatives have not previously made an application under article 17B in relation to that posthumously eligible person, by ...

(...) the probate, letters of administration or confirmation of executors of the posthumously eligible person in relation to whom the application is being made .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Recording of receipt of application

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

Section 16 Completion of registration

(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.

Section 17 Application for first registration

(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).

(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.

Section 17A Transitional provisions for translators, editors and compilers

(1) Where an application for first registration of Public Lending Right in respect of a book was made before 28th December 1984 and a translator, editor or compiler thereof would have been party to the said application if it had been made on or after that date he may, if he is an eligible person, make an application for the registered shares of the Right to be revised.

(2) Subject to the following paragraphs, the provisions of this Scheme shall apply to an application under paragraph (1) as though it were an application for first registration of Public Lending Right.

(3) Where a successful application is made under paragraph (1)—

(a) the applicant's share of the Public Lending Right shall be that prescribed in Article 9A(2) or (3) as the case may be, and

(b) the relevant shares of his co-authors, one to another, shall remain unaltered, unless all the authors who were party to the original application before 28th December 1984 are party to the application under paragraph (1) and specify an apportionment of their shares in a different manner and the Board is satisfied that such apportionment is reasonable.

(4) Where a successful application is made in accordance with paragraph (1) the Board shall amend the Register accordingly.

Section 17B Application for first registration in respect of posthumously eligible books

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

(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.

Section 18 Evidence required in connection with the applications

The Board may require the submission of evidence to satisfy the Board that—

(a) a book is an eligible book,

(b) a person applying as author for the first registration of Public Lending Right, or the registration of a share of the Right, is in fact the author of that book and is an eligible person, ...

(c) ... any co-author who is not a party to an application for first registration of Public Lending Right is dead or cannot be traced despite all reasonable steps having been taken to do so, and

(d) where such an application as is mentioned in article 17(1)(c)(iv) has been made in accordance with paragraph (1) or (2) of that article—

(i) there is such an agreement or arrangement as is mentioned in article 17(1)(c)(iv), and

(ii) the share of Public Lending Right of the person making the application is as specified in that agreement or arrangement.

and may for the purpose of obtaining any such evidence require a statutory declaration to be made by any person.