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Offers .org.uk rights to .uk?

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I was looking at registering a name on Heart Internet and the .co.uk is available but the .uk has underneath 'If you own xxxxx.org.uk, please transfer the domain to us first. '

This normally happens if the .co.uk is already registered, does the .org.uk have automatic rights if the .co.uk is not registered?
 
There are a some circumstances were they can have rights just check the nominet whois it will say
 
The easiest way to check is to type the .uk domain you are after into the Nominet whois and it will tell you who has rights.
 
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