The Artist’s Resale Right (Amendment) Regulations 2011

• Citation: S.I. 2011/2873
• Sections: 9

Section 1 Citation and Commencement

These Regulations may be cited as the Artist’s Resale Right (Amendment) Regulations 2011 and come into force on 1st January 2012.

Section 2 Amendment of the Artist’s Resale Right Regulations 2006

The Artist’s Resale Right Regulations 2006 are amended as follows.

Section 3 Amendment of the Artist’s Resale Right Regulations 2006

In regulation 2 (Interpretation) omit the definition of “qualifying individual”.

Section 4 Amendment of the Artist’s Resale Right Regulations 2006

In regulation 7 (Assignment etc. ) for sub-paragraph (4)(c) substitute—

(c) is a foreign charity.

Section 5 Amendment of the Artist’s Resale Right Regulations 2006

For regulation 9 (Persons entitled on succession) substitute—

Transmission and vesting of resale right

(9)

(1) Where by virtue of this regulation resale right is transmitted to, or vests in, any person, it may be exercised by that person.

(2) Resale right—

(a) is transmissible as personal or moveable property by testamentary disposition or in accordance with the rules of intestate succession but only to a natural person or a qualifying body; and

(b) may vest by operation of law in the personal representative of a deceased person.

(3) Resale right may be further transmitted to a natural person or a qualifying body by any person to whom it passes under paragraph (2)(a).

(4) Resale right may be transmitted as bona vacantia.

(5) Resale right may vest by operation of law in an official receiver (or in Northern Ireland, the Official Receiver for Northern Ireland) or a trustee in bankruptcy.

(6) Where resale right is transmitted to more than one person it belongs to them as owners in common.

Section 6 Amendment of the Artist’s Resale Right Regulations 2006

For Regulation 10 (Requirements as to nationality), substitute—

Requirements as to nationality

(10) Resale right may only be exercised in respect of the sale of a work where its author is—

(a) living at the date of the sale and is at that date a national of—

(i) an EEA state; or

(ii) a state the legislation of which permits resale right protection for authors from EEA states and their successors in title; or

(b) deceased at the date of the sale and, at the date of the author’s death, the author was a national of a state falling within paragraph (a)(i) or (ii).

Section 7 Amendment of the Artist’s Resale Right Regulations 2006

In regulation 16 (Transitional provisions)—

(a) in paragraph (2), after “qualifying individual” add “within the meaning of regulation 10(3) as originally enacted”; and

(b) in paragraph (5), after “9(2) and (3)” add “as originally enacted”.

Section 8 Amendment of the Artist’s Resale Right Regulations 2006

For regulation 17 (Sales before 1st January 2012) substitute—

Review of Regulations

(17)

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in the report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2001/84/ EC of the European Parliament and of the Council of 27th September 2001 on the resale right for the benefit of the author of an original work of art (which is implemented by means of these Regulations) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the 1st January 2012.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Section 9 Amendment of the Artist’s Resale Right Regulations 2006

Schedule 2 is revoked.