The Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988

• Citation: S.I. 1988/2070
• Sections: 93

Section 1

This Order may be cited as the Public Lending Right Scheme 1982 (Commencement of Variations) Order 1988.

Section 2

The variations in the Public Lending Right Scheme 1982 which were made on the 24th November 1988 by the Lord President of the Council and are set out in Appendix 1 to this Order shall come into force on 22nd December 1988; and accordingly on and after that date that Scheme has effect as set out in Appendix 2 to this Order.

Section 1

The Arrangement of Scheme in the Public Lending Right Scheme 1982 (“the Scheme”) shall be varied as follows—

(a) by inserting between items 5 and 6 the following new item—

(b) by inserting between items 6 and 7 the following new item—

(c) by inserting between items 9 and 10 the following new item—

(d) by inserting between items 14 and 15 the following new item—

(e) by inserting betwen items 17 and 18 the following new items—

(f) by deleting items 45 and 52 and the entry relating to Schedule 3; and

(g) by adding after the entry relating to Schedule 4 the following new entry—

Section 2

Article 2 of the Scheme shall be varied—

(a) by deleting the definition of “library”; and

(b) by inserting after the definition of “local library authority” the following definitions—

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

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

Section 3

Article 4 of the Scheme shall be varied by substituting for paragraph (2) the following paragraph—

(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) in the case of a person treated as an author by virtue of sub-paragraph (1)(a)(i), is evidenced as aforesaid or, if the translated text amounts to at least half of the book’s contents, by his being named on the cover or the title page verso of the book.

Section 4

The following new article shall be inserted in the Scheme after article 5—

Posthumously eligible persons

(5A) 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 5

The following new article shall be inserted in the Scheme after article 6—

Posthumously eligible books

(6A) 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 6

Article 9 of the Scheme shall be varied—

(a) by substituting for paragraph (1) the following paragraph—

(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.

(b) in paragraph (2), by substituting for the words “as aforesaid” the words “in accordance with articles 14 and 17”;

(c) in paragraph (3) by deleting the words “and application in that behalf is made as aforesaid.”;

(d) by inserting after paragraph (3) the following new paragraph—

(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 7

Article 9A of the Scheme shall be varied by substituting for paragraphs (4), (5) and (6) the following paragraphs—

(4) An illustrator’s share of Public Lending Right in respect of a book, and each eligible person’s share of Public Lending Right in respect of a book with two or more authors (including any who are not eligible persons) none of whom is an illustrator, translator or editor or compiler, shall not exceed fifty per cent of that Right unless the Registrar 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 is reasonable in relation to that author’s contribution.

(5) Where a book has two or more authors (including any who are not eligible persons) and the Registrar 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 Registrar 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 Registrar 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 in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that sub-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 Registrar 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 Registrar 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 Registrar is satisfied that it is reasonable in that case.

Section 8

Article 14 of the Scheme shall be varied by inserting after the words “this Scheme” the words “other than an application required under article 14A”.

Section 9

The following new article shall be inserted after article 14—

Forms of application in respect of posthumously eligible books

(14A) 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 Registrar and shall provide in such form as he 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 4,

(b) 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, and

(c) in the case of a work by more than one author, a statement signed as aforesaid that the posthumously eligible person in relation to whom the application is being made was translator, editor or compiler or illustrator 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) or (5)(b)(ii) 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 the personal representatives have not previously made an application under article 17B in relation to that posthumously eligible person, by

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

(ii) a certificate signed by a Member of Parliament, Justice of the Peace, Minister of Religion, lawyer, bank officer, school teacher, police officer, doctor or other person accepted by the Registrar as being of similar standing and stating that he had known the posthumously eligible person in relation to whom the application is being made for at least two years before the date of his death, that he was not related to him and that to the best of his knowledge the contents of the statement referred to in sub-paragraph (b) are true.

Section 10

Article 17 of the Scheme shall be varied by inserting after sub-paragraph (1)(c)(ii) the following sub-paragraph—

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.

Section 11

The following new article shall be inserted after article 17B—

Application for first registration in respect of posthumously eligible books

(17B) 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) shall be made by the personal representatives of the posthumously eligible person concerned.

Section 12

Article 36 of the Scheme shall be varied:—

(a) by inserting after the definition of “group” the following definition—

“library” has the meaning assigned to it by section 3(4) of the Act;

(b) by inserting after the definition of “loans” the following definition—

“mobile library service point” means a service point which is taken about from place to place;

(c) by substituting for the definition of “sampling point” the following definition—

“sampling point” means any principal service point, ordinary service point or mobile library service point which has been designated, for the time being, by the Registrar under article 38;

Section 13

Article 38 of the Scheme shall be varied:—

(a) by substituting for paragraph (1) the following paragraph—

(1) Such local library authorities as the Registrar may require shall, not later than 30th September in each year, furnish to the Registrar lists, as at 31st March of that year, of all their ordinary and principal service points and, in the case of local library authorities in the Counties of Dyfed and Gwynedd and the Districts of Colwyn and Glyndwr in the County of Clwyd, of all their mobile library service points. The Registrar shall, not later than 31st December of that year, designate in accordance with paragraph (6) those service points which are to be operative sampling points as from the beginning of the ensuing sampling year.

(b) by substituting for paragraph (2) the following paragraph—

(2) The Registrar shall so exercise his powers under this article as to secure, subject to paragraph (4), that—

(a) at all times there shall be 30 operative sampling points comprising—

(i) 5 points falling within each of Groups A and D in Schedule 2,

(ii) 4 points falling within each of Groups B, C and E in Schedule 2,

(iii) 3 points falling within each of Groups F and G in Schedule 2, and

(iv) 2 points falling within Group H in Schedule 2;

(b) at all times the operative sampling points falling within each Group in Schedule 2 shall include, subject to paragraph (3), a principal service point and an ordinary service point;

(c) at all times one of the 3 operative sampling points falling within Group F in Schedule 2 shall be within the County of Dyfed or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clwyd;

(d) at all times one of the 3 operative sampling points falling within Group G in Schedule 2 shall be outside the Metropolitan Districts of Edinburgh and Glasgow;

(e) no operative sampling point other than a point falling within the County of Dyfed or that of Gwynedd or the Districts of Colwyn or Glyndwr in the County of Clywd shall be a mobile library service point;

(f) with effect from the beginning of each sampling year at least 10 out of the 30 operative sampling points shall be replaced by new such points; and

(g) no service point shall remain an operative sampling point for a continous period of more than four years.

Section 14

Article 42 of the Scheme shall be varied by substituting for paragraph (3) the following paragraph—

(3) For the purposes of paragraph (2)

(a) Groups A, B and C in Schedule 2 shall be treated as one group; and

(b) if on any occasion on which any details of lendings at a particular sampling point furnished to the Registrar in accordance with article 40 record loans of a copy of a book in excess of an average of one loan for each period of five days covered by the details, the loans in excess of that average shall be disregarded.

Section 15

Article 46 of the Scheme shall be varied—

(a) in paragraph (1)(a) by substituting “1.45p” for “1.12p”;

(b) in paragraph (2)(b) by substituting “£6,000” for “£5,000” in both places it appears; and

(c) by substituting for paragraph (3) the following paragraph—

(3) If the aggregate of the amounts determined in accordance with paragraph (2) in respect of each registered interest of the registered owner thereof is less than £1, the sum due in respect of the registered interest shall be nil.

Section 16

Schedule 1 to the Scheme shall be varied in Part I by inserting after sub-paragraph 6(b) the following sub-paragraph—

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.

Section 17

For Schedule 2 to the Scheme there shall be substituted the following Schedule—

GROUPING SERVICE POINTS

Service points shall be grouped according to local library authority as follows—

GROUP A

Those within the areas of the following non-metropolitan counties—

GROUP B

Those within the areas of the following non-metropolitan counties—

GROUP C

Those within the areas of the following non-metropolitan counties—

GROUP D

Those within the areas of the metropolitan districts of England.

GROUP E

Those within the area of Greater London.

GROUP F

Those in Wales.

GROUP G

Those in Scotland.

GROUP H

Those in Northern Ireland.

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 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 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;

“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 5A;

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

“the Registrar” and “the Register” have the meanings 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 2

The name of every person named on the title page as author (within the meaning of article 4).

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 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 Registrar or for notice to be given to him, shall be satisfied if the same is either—

(i) delivered in person at the registry between the hours of 11 am and 3 pm 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 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 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

(b) an illustrator thereof, which for this purpose includes the author of a photograph (within the meaning of section 48 of the Copyright Act 1956 ).

(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) in the case of a person treated as an author by virtue of sub-paragraph (1)(a)(i), is evidenced as aforesaid or, if the translated text amounts to at least half of the book’s contents, by his being named on the cover or the title page verso of the book.

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 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 one of the countries specified in Schedule 5, or, if he has no home, has been present in one of those countries 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 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, accompanied, when the applicant has not previously made an application under article 17 of this Scheme, by a certificate signed by a Member of Parliament, Justice of the Peace, Minister of Religion, lawyer, bank officer, school teacher, police officer, doctor or other person accepted by the Registrar as being of similar standing and stating that he has known the applicant for at least two years, that he is not related to the applicant and that to the best of his knowledge the contents of the statement by the applicant are true.

Section 5

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

Section 5

The period in respect of which the Right is renounced.

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) 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) a book with four or more authors, but for the purpose of this sub-paragraph a translator, editor or compiler shall not be treated as an author of the book unless each of his co-authors is a translator, editor or compiler,

(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; or

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

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 untracted 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.

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 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.

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 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 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” includes any device or combination of devices serving the purpose of an index.

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 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 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 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 shall be

(a) twenty per cent of that Right, or

(b) if he satisfies the Registrar 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) An illustrator’s share of Public Lending Right in respect of a book, and each eligible person’s share of Public Lending Right in respect of a book with two or more authors (including any who are not eligible persons) none of whom is an illustrator, translator or editor or compiler, shall not exceed fifty per cent of that Right unless the Registrar 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 is reasonable in relation to that author’s contribution.

(5) Where a book has two or more authors (including any who are not eligible persons) and the Registrar 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 Registrar 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 Registrar 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 in another capacity shall, in addition to any share of Public Lending Right to which he is entitled under that sub-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 Registrar 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 Registrar 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 Registrar is satisfied that it is reasonable in that case.

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 Registrar.