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The Artist’s Resale Right Regulations 2006

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Artist’s Resale Right Regulations 2006 No. 346

Liability to pay resale royalty

13.—(1) The following shall be jointly and severally liable to pay the resale royalty due in respect of a sale—

(a)the seller; and

(b)the relevant person (within the meaning of paragraph (2)).

(2) The relevant person is a person who satisfies the condition mentioned in regulation 12(3)(a) and who is—

(a)the agent of the seller; or

(b)where there is no such agent, the agent of the buyer; or

(c)where there are no such agents, the buyer.

(3) Liability shall arise on the completion of the sale; however, a person who is liable may withhold payment until evidence of entitlement to be paid the royalty is produced.

(4) Any liability to pay resale royalty in respect of a resale right which belongs to two or more persons as owners in common is discharged by a payment of the total amount of royalty to one of those persons.

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