Films Act 1985

Repeal of Films Acts 1960 to 1980 and abolition of Cinematograph Films Council

1

• (1) In this Schedule—

• “ film ” includes any record, however made, of a sequence of visual images that is capable of being used as a means of showing that sequence as a moving picture;

• “film production company”, in relation to a film, means a company that is the production company for the film for the purposes of Part 14A of the Corporation Tax Act 2009 (see section 1179DP of that Act) or the film production company in relation to the film for the purposes of Part 15 of that Act (see section 1182 of that Act).

• (2) For the purposes of this Schedule each part of a series of films is treated as a separate film, unless—

• (a) the films form a series with not more than 26 parts,

• (b) the combined playing time is not more than 26 hours, and

• (c) the series constitutes a self-contained work or is a series of documentaries with a common theme,

in which case the films are treated as a single film.

• (3) References in this Schedule to a film include the film soundtrack.

• (4) For the purposes of this Schedule a film is completed when it is first in a form in which it can reasonably be regarded as ready for copies of it to be made and distributed for presentation to the general public.

Provisions relating to termination of levy on film exhibitors

2

• (1) The film production company may apply to the Secretary of State for the certification of a film as a British film.

• (2) The application may be for an interim or final certificate.

• (3) An interim certificate is a certificate granted before the film is completed that the film, if completed in accordance with the proposals set out in the application, will be a British film.

• (4) A final certificate is a certificate granted after the film is completed that the film is a British film.

• (5) The applicant must—

• (a) produce to the Secretary of State such books or other documents relating to the application, and

• (b) provide the Secretary of State with such other information with respect to it,

as the Secretary of State may require for the purposes of determining the application.

• (6) The Secretary of State may require information provided for the purposes of the application to be accompanied by a statutory declaration, by the person providing it, as to the truth of the information.

Dissolution of National Film Finance Corporation

3

• (1) If the Secretary of State is satisfied that the requirements are met for interim or final certification of a film as a British film, he shall certify the film accordingly.

• (2) If the Secretary of State is not satisfied that those requirements are met, he shall refuse the application.

• (3) An interim certificate—

• (a) may be given subject to conditions, and (unless the Secretary of State directs otherwise) is of no effect if the conditions are not met;

• (b) may be expressed to expire after a specified period, and (unless the Secretary of State directs otherwise) ceases to have effect at the end of that period; and

• (c) ceases to have effect when a final certificate is issued.

• (4) If it appears to the Secretary of State that a film certified by him under this Schedule ought not to have been certified, he shall revoke its certification.

Unless the Secretary of State directs otherwise, a certificate that is revoked is treated as never having had effect.

Final payments by British Film Fund Agency

4

Financial assistance by Secretary of State in connection with the production of films

5

• (1) The Secretary of State with the consent of the Treasury may . . . give financial assistance—

• (a) to any British company or partnership, being a company or partnership in whose case he is satisfied as to the matters mentioned in paragraphs (a) and (b) of section 3(4), for any purpose connected with the production of relevant films;

• (b) to any person—

• (i) for the purpose of enabling projects to be prepared, or other preliminary work to be undertaken or steps taken, with a view to the production of relevant films; or

• (ii) for any purpose connected with the production of short films.

In this subsection “British company”, “British partnership” and “relevant film” have the meaning given by section 3(7), and “short film” means a relevant film with a total playing time of less than 35 minutes.

• (2) Assistance under subsection (1) may be given by way of a grant or loan or in the form of a guarantee or otherwise; and in giving assistance under that subsection the Secretary of State may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances.

• (3) The Secretary of State may appoint a person to make recommendations and provide other services in connection with the discharge by the Secretary of State of his functions under subsection (1)(b).

• (4) Any sums required by the Secretary of State for making payments under subsection (1), or for meeting any expenses of any person appointed under subsection (3), shall be paid out of money provided by Parliament; and any sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.

Certification of master negatives, tapes and discs for purposes of section 72 of Finance Act 1982

6

Schedule 1 to this Act has effect with respect to the certification by the Secretary of State of a film as a British film for the purposes of audiovisual expenditure credit and film tax relief.

Repeals, etc.

7

• (1) The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Notwithstanding the repeal by this Act of the Films Act 1960 the register kept under Part II of that Act shall continue to be kept by the Secretary of State in connection with the determination, for the purposes of any statutory provision, of questions relating to the registration of films under Part II of the Films Act 1960 or Part III of the Cinematograph Films Act 1938.

• (4) Where any film would, but for the repeal by this Act of the Films Act 1960 and the Films Act 1970, be—

• (a) a British film for the purposes of the Film Levy Finance Act 1981 by virtue of section 9(2) of that Act (interpretation); or

• (b) an eligible film for the purposes of regulations made under section 6 of that Act,

that film shall be a British film, or (as the case may be) an eligible film, for those purposes notwithstanding the repeal of the said Acts of 1960 and 1970.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The Secretary of State may by order made by statutory instrument provide for such further transitional and saving provisions to have effect in connection with the coming into operation of any provision of this Act as appears to him to be necessary or expedient.

Short title, commencement and extent

8

• (1) This Act may be cited as the Films Act 1985.

• (2) The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which it is passed, namely—

• (a) section 6 and Schedule 1;

• (b) section 7(1) and Schedule 2 so far as relating to the Finance Act 1982 and the Finance Act 1984;

• (c) section 7(5) and (6).

• (3) The following provisions of this Act extend to Northern Ireland, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) section 6 and Schedule 1;

• (c) section 7 and Schedule 2;

• (d) this section.

SCHEDULE 1

Preliminary

1

• (1) In this Schedule—

• ...

• “film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;

• ...

• “maker”, in relation to a film, means the person by whom the arrangements necessary for the making of the film are undertaken;

• “master disc”, in relation to a film, means the original master film disc or the original master audio disc of the film;

• “master negative” in relation to a film, means the original master negative of the film and its soundtrack (if any);

• “master tape”, in relation to a film, means the original master film tape or the original master audio tape of the film;

• . . .

• . . ..

• (2) For the purposes of this Schedule the production of a film is completed when the film is first in a form in which it can reasonably be regarded as ready for copies of it to be made and distributed for presentation to the general public

• (3) Subject to sub-paragraph (4), each part of a series of films shall be treated as a separate film for the purposes of this Schedule.

• (4) The Secretary of State may direct that a number of films shall be treated as a single film for the purposes of this Schedule if–

• (a) they form a series with not more than twenty-six parts;

• (b) the combined playing time is not more than twenty-six hours; and

• (c) in the opinion of the Secretary of State the series constitutes a self-contained work or is a series of documentaries with a common theme.

• (5) Any reference in this Schedule to a master negative, tape or disc certified under paragraph 3(1) or to a certificate issued under that provision includes a reference to a master negative, tape or disc certified in pursuance of section 72(7)(b) of the Finance Act 1982 as originally enacted or to a certificate issued in pursuance of that provision.

Applications for certification

2

• (1) An application for the certification by the Secretary of State of a master negative, master tape or master disc of a film as a qualifying film, qualifying tape or qualifying disc for the purposes of section 40D of the Finance (No. 2) Act 1992 , or Chapter 9 of Part 2 of the Income Tax (Trading and Other Income) Act 2005, may be made by any person who has incurred expenditure on the production or acquisition of that negative, tape, or disc.

• (2) In sub-paragraph (1) the reference to the acquisition of a master negative, tape or disc includes a reference to the acquisition of any description of rights in it.

• (3) On an application under this paragraph for the certification of a master negative, tape or disc the applicant shall—

• (a) produce to the Secretary of State such books and other documents relating to it; and

• (b) furnish to the Secretary of State such other information with respect to it,

as the Secretary of State may require for the purpose of determining the application.

• (4) Any information furnished for the purposes of sub-paragraph (3) shall, if the Secretary of State so directs, be accompanied by a statutory declaration as to the truth of the information made by the person furnishing it.

Certification and withdrawal of certification

3

• (1) If the Secretary of State is satisfied that a master negative, tape or disc with respect to which an application is made under paragraph 2 is a master negative, tape or disc of a film which, in his opinion, is a British film for the purposes of this Schedule, he shall certify that negative, tape or disc as a qualifying film, qualifying tape or qualifying disc for the purposes of section 40D of the Finance (No. 2) Act 1992 or, as the case may be, Chapter 9 of Part 2 of the Income Tax (Trading and Other Income) Act 2005.

• (2) If the Secretary of State is for any reason not satisfied as mentioned in sub-paragraph (1) he shall refuse the application.

• (3) If it appears to the Secretary of State that any negative, tape or disc certified by him under sub-paragraph (1) ought for any reason not to have been so certified he shall revoke its certification.

• (4) Where an application is made under paragraph 2 in relation to a negative, tape or disc of a film which has already been certified by the Secretary of State under sub-paragraph (1) on a prior application, the Secretary of State may issue the applicant with a duplicate or copy of the certificate issued on that prior application.

British films for purposes of the Schedule

4

• (1) A film is a British film for the purposes of this Schedule if it passes the relevant cultural test (see paragraph 4A, 4B or 4C).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Her Majesty may by Order in Council provide for films to be treated as British films for the purposes of this Schedule if they are made in accordance with the terms of any agreement between Her Majesty’s Government in the United Kingdom and any other government, international organisation or authority.

• (6) This paragraph has effect subject to paragraph 5 (excluded films).

Excluded films

5

• (1) A film must not be certified as a British film for the purposes of this Schedule if parts of the film whose playing time exceeds 10% of the total playing time of the film are derived from a previous film, unless—

• (a) the two films have the same film production company or producer, and

• (b) the previous film has not been certified under this Schedule.

• (2) The Secretary of State may direct that sub-paragraph (1) shall not apply in relation to a film if in his opinion–

• (a) it is a documentary; and

• (b) its subject matter makes it appropriate for sub-paragraph (1) not to be applied.

• (3) For the purposes of this paragraph—

• (a) the film soundtrack shall be left out of account;

• (b) “ producer ” means the person by whom the arrangements necessary for the making of the film are undertaken;

• (c) in relation to certification before the commencement of Chapter 3 of Part 3 of the Finance Act 2006, references to certification of a film shall be read as references to certification of the master negative, tape or disc of the film.

Ascertainment of labour costs and playing time

6

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

Determination of requisite amount of labour costs

7

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

Power of Secretary of State to direct alteration of labour costs

8

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

Determination of disputes

9

• (1) Any person who is aggrieved by any decision of the Secretary of State under paragraph 3 may, subject to rules of court, apply to the High Court, and the decision of that Court shall be final.

• (2) In relation to any person whose principal place of business is in Scotland, sub-paragraph (1) shall have effect as if for any reference to the High Court there were substituted a reference to the Court of Session.

Regulations and orders

10

• (1) The Secretary of State may make regulations—

• (a) prescribing the form of applications under paragraph 2;

• (b) prescribing the particulars and evidence necessary for satisfying the Secretary of State that a film is a British film for the purposes of this Schedule;

• (c) providing that any statutory declaration which is required by paragraph2(6) to be made by any person shall be deemed to be properly made if it is made on his behalf by any such person as may be specified in the regulations.

• (2) The Secretary of State with the approval of the Treasury may by order make such modifications of any of the provisions of paragraphs 1 and 4 to 5 as he considers appropriate; and any such order may contain such incidental, supplemental and transitional provisions as he considers appropriate in connection with the order.

• (3) In sub-paragraph (2) “modifications” includes additions, omissions and alterations.

• (4) Any regulations or order under this paragraph shall be made by statutory instrument.

• (5) Any regulations under this paragraph shall be laid before Parliament after being made; but no order shall be made under this paragraph unless it has been laid before Parliament and approved by a resolution of each House.

SCHEDULE 2

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

Editorial notes

[^c765869]: Act partly in force at Royal Assent; wholly in force at 23.7.1985, see s. 8(2)

[^c765873]: S. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX.

[^c765878]: S. 3(3),(6) and (8) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX.

[^c765880]: S. 3(7) amended (27.8.1999) by S.I. 1999/2386, art. 1(3) S. 3(7) modified (10.3.2000) by S.I. 2000/756, art. 1(2)

[^c765881]: 1907 c. 24.

[^c765883]: S. 4 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX.

[^c765884]: Words in s. 5(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX.

[^c765895]: S. 7(2) repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8

[^c765896]: 1960 c. 57.

[^c765897]: 1938 c. 17.

[^c765898]: 1970 c. 26.

[^c765899]: 1981 c. 16.

[^c765900]: S. 7(5)(6) repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 82, 164, Sch. 2

[^c765903]: 1982 c. 39.

[^c765904]: 1984 c. 43.

[^c765905]: S. 8(3)(a) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IX.

[^c765922]: Sch. 1 para. 5 substituted (27.8.1999) by S.I. 1999/2386, arts. 2, 7, Appendix Sch. 1

[^key-cc9b49aa1fefcf9fe0e9396774d3c89a]: S. 1(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19

[^key-e2a6ccc6e032c4c8d09589de14706108]: S. 1(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19

[^key-f4068be06ca9fb687a5a5037c6d4d917]: S. 3(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5, Group 19

[^key-0e8aa79ede8c025ca01cf528ec7fc87c]: Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

[^key-5a705f56d943c72128986eed88d7e57c]: Sch. 1 para. 6 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

[^key-c6047515820c70b6a8b6c834626d8682]: Sch. 1 para. 7 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

[^key-5ff6c8120fbbc8d99aa9bd2399162fed]: Sch. 1 para. 8 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

[^key-49ecbb6c6bfdfba37e95e24c0c0d41a0]: Sch. 1 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 16; S.I. 2006/3399, art. 2

[^key-b4b98ae6fa4fcb70dcb86e0683f7145f]: Sch. 1 paras. 4A-4C substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 3 (with art. 2 )

[^key-55a0e72f6b075ed194d24870f3310fe8]: S. 6 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 15; S.I. 2006/3399, art. 2

[^key-eb2bbe6a4677376d8e1241d36236af09]: Sch. 1 para. 1 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 17; S.I. 2006/3399, art. 2

[^key-62eef70ea79d71647424228e83955b0a]: Sch. 1 para. 2 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 18; S.I. 2006/3399, art. 2

[^M_F_147b94f5-c6d4-4f43-e405-a99ef3f67314]: Words in Sch. 1 para. 2 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 18; S.I. 2006/3399, art. 2

[^key-f578f081ea94168fe40163296a94d894]: Sch. 1 para. 3 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 19; S.I. 2006/3399, art. 2

[^M_F_e4f5359c-a7d2-455a-8f32-b33abe248572]: Words in Sch. 1 para. 3 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 19; S.I. 2006/3399, art. 2

[^key-873581a995db35a196f2157ec8552ec6]: Sch. 1 para. 4(1) substituted for Sch. 1 para. 4(1)-(3) (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 20; S.I. 2006/3399, art. 2

[^key-635a23c61bb398713431cae07e04ff3c]: Sch. 1 para. 4D(4)(b) substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 4(3) (with art. 2 )

[^key-106fec273de3112c3dd9c2b785c1119e]: Words in Sch. 1 para. 4D(5) substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 4(4) (with art. 2 )

[^key-41d58b51aeba748e9876b58c1a30ddc9]: Sch. 1 para. 5(1) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 21(2); S.I. 2006/3399, art. 2

[^key-21a892d8bf8ed9eeebb6f66ad2a317f6]: Sch. 1 para. 5(3) inserted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 21(3); S.I. 2006/3399, art. 2

[^key-973556684dcc5779748d60c6a3b10c82]: Words in Sch. 1 para. 9 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 22; S.I. 2006/3399, art. 2

[^key-503aa4cc27b72fe8f873a99ebc5e30c4]: Reference in Sch. 1 para. 10(1)(c) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 23(a); S.I. 2006/3399, art. 2

[^key-ec57a6419bee79aa3e9cb4c460efb31e]: Words in Sch. 1 para. 10(2) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 23(b); S.I. 2006/3399, art. 2

[^key-65662438fe9801f32490d15a5a1bc9b5]: Words in Sch. 1 para. 4A(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(2) (with art. 2)

[^key-4602953aa6220d08ef9fd726dadd7fc5]: Words in Sch. 1 para. 4A(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(a) (with art. 2)

[^key-096abd4ff3695e6fbf0a37cae211f455]: Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(i) (with art. 2)

[^key-7796cb1aa5a39204b25cbbb2951beb11]: Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(ii) (with art. 2)

[^key-cb6428b1b68a665edd80e453256332f4]: Word in Sch. 1 para. 4A(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(d) (with art. 2)

[^key-2dba7a85990b17b49bf0a6e10bd1377e]: Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(i) (with art. 2)

[^key-6a38a9fef8aa5dfa4e0266ff978ae26f]: Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(ii) (with art. 2)

[^key-2faaaca4e49fe6148289573e882827f8]: Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(iii) (with art. 2)

[^key-d0dba88546844774b7e7b016cd0c9daf]: Sch. 1 para. 4A(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(5) (with art. 2)

[^key-9dfe47cdf3874f0298a0b74c0761d2b9]: Words in Sch. 1 para. 4B(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(2) (with art. 2)

[^key-f38153f5e119f385394330dd1dff1dac]: Words in Sch. 1 para. 4B(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(a) (with art. 2)

[^key-840442981b78545e70453d5d69206ff8]: Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(i) (with art. 2)

[^key-0f6c5891eda9e01ff9336175b94a4823]: Word in Sch. 1 para. 4B(3)(b) omitted (29.1.2015) by virtue of The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(ii) (with art. 2)

[^key-7358f13c0baab16a4a9b8c715cb6b56a]: Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iii) (with art. 2)

[^key-3bf041d8980b5f1465b6076ae0767e77]: Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iv) (with art. 2)

[^key-757f8fd911e5459714b608b61fc7f2f5]: Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(v) (with art. 2)

[^key-d66bc07fb145c8b1cdbb395740a4b32f]: Word in Sch. 1 para. 4B(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(d) (with art. 2)

[^key-1921037e473ef5d8729b467d805e679f]: Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(i) (with art. 2)

[^key-b5e0a6bcbfd7dc85ca2c163395e3bf51]: Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(ii) (with art. 2)

[^key-95db25e261044a786c1b4d22f9112ba7]: Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(iii) (with art. 2)

[^key-a0108d7764307271b48e83bfd6b52e17]: Words in Sch. 1 para. 4B(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(4) (with art. 2)

[^key-e9658e3f7b21034fe246f353dee2423b]: Sch. 1 para. 4B(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(5) (with art. 2)

[^key-b1199181582674c3d05857ec2016aa8f]: Word in Sch. 1 para. 4B(7)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(6) (with art. 2)

[^key-d6a46c77237d823a04c68f0e4a6cf0d2]: Words in Sch. 1 para. 4A(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(4) (with art. 2)

[^key-6fd14eb0647c2b3369628d01a1651c82]: Words in Sch. 1 para. 4C(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(2) (with art. 2)

[^key-363f00aa9ac921902b2112e3923fc99b]: Words in Sch. 1 para. 4C(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(a) (with art. 2)

[^key-987260e147f7e7ef11ab86d92431274a]: Words in Sch. 1 para. 4C(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(c)(i) (with art. 2)

[^key-df453189e08ebdb4e923d99e23a33518]: Words in Sch. 1 para. 4C(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(c)(ii) (with art. 2)

[^key-d7e6f115dbd783665e54eed0b9030e16]: Word in Sch. 1 para. 4C(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(d) (with art. 2)

[^key-ec4fda916c2c996baf7b63a131374980]: Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(i) (with art. 2)

[^key-c0431a063b39416ec651ac4cd41927b4]: Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(ii) (with art. 2)

[^key-78ffad4dedd020e007c74761277802f2]: Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(iii) (with art. 2)

[^key-1a17b91b6de44bdbaa1c54912d430d56]: Words in Sch. 1 para. 4C(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(4) (with art. 2)

[^key-0a01c370a408951769fe9f3ab98efb65]: Sch. 1 para. 4C(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(5) (with art. 2)

[^key-8b9fa2b13e87276aab6f0ee737ca52c9]: Words in Sch. 1 para. 4D(1) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(2)(a) (with art. 2)

[^key-0071a2c90f05ae90090efccf88ed037b]: Definition in Sch. 1 para. 4D(1) omitted (29.1.2015) by virtue of The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(2)(b) (with art. 2)

[^key-88fc0bdf0186c75834728a7ac4ddd9ed]: Sch. 1 para. 4D(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(3) (with art. 2)

[^key-af47a8afa4b2c19b4dfa6ace5f25ab5f]: Words in Sch. 1 para. 4D(4)(a) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(4)(a) (with art. 2)

[^key-0b0ce7bb7ce3ed5d6aa7158630c69453]: Words in Sch. 1 para. 4D(4)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(4)(b) (with art. 2)

[^key-bbed62162a5932f46827fbd194cb2a33]: Sch. 1 para. 4(4) omitted (31.12.2020) by virtue of The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c76019b54111067b45e0fb9e23c98fa8]: Words in Sch. 1 para. 4A(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0f3a3ed4c7bcf5cc799e09fcff91bfed]: Words in Sch. 1 para. 4A(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a9c52a983d333f589b5177242e5d2a21]: Words in Sch. 1 para. 4B(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d12b6352cb038cee62594398b83dd32e]: Words in Sch. 1 para. 4B(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d4127aca687db93c6b9583be4abe169e]: Words in Sch. 1 para. 4C(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3b95a689bf44a380d6a26775966e1bc6]: Words in Sch. 1 para. 4C(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5f2661e0a919434a6564b441938d878e]: Words in Sch. 1 para. 4D(1) inserted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-04f5e1e195567fcd74c10255ae15a7b7]: Words in Sch. 1 para. 4D(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

[^key-08b449886425f446813c5c3648ef9ad8]: Words in Sch. 1 para. 4D(3)(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[^key-bf6f8926a3dfc54b76e5e4cfa33e56fb]: Words in Sch. 1 heading inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 2(3)(a) (with Sch. 2 paras. 16(1), 17-25)

[^key-5364f6fbb7cea7c94d5b551d9c7e3da5]: Words in s. 6 inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 2(2) (with Sch. 2 paras. 16(1), 17-25)

[^key-bc4dfa3564db98a55bd9d7209c5d45c9]: Words in Sch. 1 para. 1(1) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 2(3)(b) (with Sch. 2 paras. 16(1), 17-25)

4A

• (1) The cultural test for a film other than a documentary (see paragraph 4B) or an animation (see paragraph 4C) is as follows.

• (2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least 18 points in total.

• (3) Up to 18 points shall be awarded in respect of the content of the film as follows—

• (a) up to 4 points depending on the percentage of the film that is set in the United Kingdom or an EEA state as follows—

• (i) 4 points for at least 75%;

• (ii) 3 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%;

• (b) up to 4 points depending on the number of the characters depicted in the film that are qualifying persons as follows—

• (i) if there are more than three characters depicted in the film, 4 points if two or three of the three lead characters are qualifying persons or, if only one of the three lead characters is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (ii) if there are only three characters depicted in the film, 4 points if two or three of them are qualifying persons or, if only one of them is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (iii) if there are only two characters depicted in the film, 4 points if both of them are qualifying persons, 2 points if one of them is;

• (iv) if there is only one character depicted in the film, 4 points if he is a qualifying person;

• (c) 4 points if the film depicts a qualifying story;

• (d) up to 6 points depending on the percentage of the original dialogue that is recorded in a language recognised for official purposes in the United Kingdom or an EEA state as follows—

• (i) 6 points for at least 75%;

• (ii) 4 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%.

• (4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of one or more of the following—

• (a) British creativity;

• (b) British heritage;

• (c) diversity.

• (5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

• (a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraphs (b) or (c) below, in which case nil)—

• (i) principal photography;

• (ii) visual effects;

• (iii) special effects;

• (b) 2 points if at least 50% of the work carried out on either of the following is carried out in the United Kingdom—

• (i) principal photography;

• (ii) special effects;

• (c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

• (d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

• (i) performing and recording the music score created for the film;

• (ii) audio post production;

• (iii) picture post production.

• (6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

• (a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

• (b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

• (c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

• (d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

• (e) 1 point if at least one of the actors (or, if there are more than three, of the three lead actors) is a qualifying person;

• (f) 1 point if at least 50% of the cast are qualifying persons;

• (g) 1 point if at least one of the heads of department is a qualifying person;

• (h) 1 point if at least 50% of the production crew are qualifying persons.

• (7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

• (a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

• (b) it is awarded at least 2 points under sub-paragraph (3)(b) (characters), or

• (c) it is awarded 4 points under sub-paragraph (3)(c) (story).

4B

• (1) The cultural test for a documentary is as follows.

• (2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least 18 points in total.

• (3) Up to 18 points shall be awarded in respect of the content of the film as follows—

• (a) up to 4 points depending on the percentage of the film that is set in the United Kingdom or an EEA state as follows—

• (i) 4 points for at least 75%;

• (ii) 3 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%;

• (b) up to 4 points depending on the number of the participants ... in the film that are qualifying persons as follows—

• (i) if there are more than three participants ... in the film, 4 points if two or three of the three lead participants are qualifying persons or, if only one of the three lead participants is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (ii) if there are only three participants ... in the film, 4 points if two or three of them are qualifying persons or, if only one of them is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (iii) if there are only two participants ... in the film, 4 points if both of them are qualifying persons, 2 points if one of them is;

• (iv) if there is only one participant ... in the film, 4 points if he is a qualifying person;

• (c) 4 points if the film depicts a qualifying story;

• (d) up to 6 points depending on the percentage of the original dialogue that is recorded in a language recognised for official purposes in the United Kingdom or an EEA state as follows—

• (i) 6 points for at least 75%;

• (ii) 4 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%.

• (4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of one or more of the following—

• (a) British creativity;

• (b) British heritage;

• (c) diversity.

• (5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

• (a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraph (b) or (c) below, in which case nil)—

• (i) principal photography;

• (ii) visual effects;

• (iii) research and development;

• (iv) special effects;

• (b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

• (i) principal photography;

• (ii) research and development;

• (iii) special effects;

• (c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

• (d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

• (i) performing and recording the music score created for the film;

• (ii) audio post production;

• (iii) picture post production.

• (6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

• (a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

• (b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

• (c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

• (d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

• (e) 1 point if at least one of the participants (or, if there are more than three, of the three lead participants) is a qualifying person;

• (f) 1 point if at least 50% of the participants are qualifying persons;

• (g) 1 point if at least one of the heads of department is a qualifying person;

• (h) 1 point if at least 50% of the production crew are qualifying persons.

• (7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

• (a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

• (b) it is awarded at least 2 points under sub-paragraph (3)(b) (participants), or

• (c) it is awarded 4 points under sub-paragraph (3)(c) (story).

4C

• (1) The cultural test for an animation is as follows.

• (2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least 18 points in total.

• (3) Up to 18 points shall be awarded in respect of the content of the film as follows—

• (a) up to 4 points depending on the percentage of the film that is set in the United Kingdom or an EEA state as follows—

• (i) 4 points for at least 75%;

• (ii) 3 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%;

• (b) up to 4 points depending on the number of the characters depicted in the film that are qualifying persons as follows—

• (i) if there are more than three characters depicted in the film, 4 points if two or three of the three lead characters are qualifying persons or, if only one of the three lead characters is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (ii) if there are only three characters depicted in the film, 4 points of two or three of them are qualifying persons or, if only one of them is a qualifying person, 2 points if he is the first or second lead, 1 point if he is the third lead;

• (iii) if there are only two characters depicted in the film, 4 points both of them are qualifying persons, 2 points if one of them is;

• (iv) if there is only one character depicted in the film, 4 points if he is a qualifying person;

• (c) 4 points if the film depicts a qualifying story;

• (d) up to 6 points depending on the percentage of the original dialogue that is recorded in a language recognised for official purposes in the United Kingdom or an EEA state as follows—

• (i) 6 points for at least 75%;

• (ii) 4 points for at least 66%;

• (iii) 2 points for at least 50%;

• (iv) 1 point for at least 25%.

• (4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of one or more of the following—

• (a) British creativity;

• (b) British heritage;

• (c) diversity.

• (5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

• (a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraph (b) or (c) below, in which case nil)—

• (i) shooting;

• (ii) visual design;

• (iii) layout and storyboarding;

• (iv) visual effects;

• (v) special effects;

• (b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

• (i) shooting;

• (ii) visual design;

• (iii) layout and storyboarding;

• (iv) special effects;

• (c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

• (d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

• (i) performing and recording the music score created for the film;

• (ii) voice recording;

• (iii) audio post production;

• (iv) picture post production.

• (6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

• (a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

• (b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

• (c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

• (d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

• (e) 1 point if at least one of the actors (or, if there are more than three, of the three lead actors) is a qualifying person;

• (f) 1 point if at least 50% of the cast are qualifying persons;

• (g) 1 point if at least one of the heads of department is a qualifying person;

• (h) 1 point if at least 50% of the production crew are qualifying persons.

• (7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

• (a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

• (b) it is awarded at least 2 points under sub-paragraph (3)(b) (characters), or

• (c) it is awarded 4 points under sub-paragraph (3)(c) (story).

4D

• (1) In paragraphs 4A to 4C—

• “cast” means all the actors and performers but not the extras who appear in a film;

• “heads of department” has the meaning given by sub-paragraph (2);

• “participant” means a presenter, narrator, subject or other person who participates and appears in a documentary;

• “production crew” means all the persons directly involved in the production of a film who do not appear in the film;

• “qualifying person” means a citizen of, or a person ordinarily resident in, the United Kingdom or an EEA state;

• ...

• “special effects” means artificial techniques or processes, which are not visual effects, used to create an illusion in a film;

• “visual effects” means digital alterations to a film’s images.

• (2) “Heads of department” means—

• (a) in paragraph 4A, the lead cinematographer, the lead production designer, the lead costume designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead hair and makeup supervisor;

• (b) in paragraph 4B, the lead cameraman, the lead sound recordist, the lead editor and the lead researcher;

• (c) in paragraph 4C, the lead layout supervisor, the lead production designer, the lead character designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead modelling supervisor.

• (3) For the purposes of paragraphs 4A to 4C—

• (a) a film is set in the United Kingdom or an EEA state if it is set in a country which is now part of the United Kingdom or an EEA state; and

• (b) a film depicts a qualifying story if the subject matter of the film or the underlying material on which the film is based is from the United Kingdom or an EEA state.

• (4) The amount of work that is carried out in the United Kingdom or elsewhere shall be determined—

• (a) for the purposes of paragraphs 4A(5)(a)(i) and (b)(i) and 4B(5)(a)(i) and (b)(i) (principal photography), by reference to the number of days spent on the work;

• (b) for the purposes of the rest of paragraphs 4A(5) and 4B(5) and paragraph 4C(5) (other matters), by reference to the amount of expenditure on the work.

• (5) No points shall be awarded under any provision of paragraph 4A(5), 4B(5) or 4C(5) (where work carried out) in respect of work the expenditure on which is, in the opinion of the Secretary of State, insignificant in relation to the expenditure on all the work carried out in the making of the film.