The Films (Definition of <q>British Film</q>) Order 2006 No. 643

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STATUTORY INSTRUMENTS

2006 No. 643
CINEMAS AND FILM
The Films (Definition of "British Film") Order 2006

	Made	31st March 2006
	Coming into force	1st April 2006

The Secretary of State makes this Order, with the approval of Her Majesty's Treasury, in exercise of the powers conferred on her by paragraph 10(2) of Schedule 1 to the Films Act 1985[1].

     A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with paragraph 10(5) of Schedule 1 to that Act.

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Films (Definition of "British Film") Order 2006 and shall come into force on the day after the day on which it is made.

    (2) "The Schedule" means Schedule 1 to the Films Act 1985, and a reference to a numbered paragraph is a reference to the paragraph bearing that number in the Schedule.

Transitional provisions
     2. —(1) An application for certification under paragraph 2 which is made in relation to a film for which the first day of principal photography is on or after 1st April 2006 shall be determined by the Secretary of State in accordance with the Schedule as modified by this Order.

    (2) An application for certification under paragraph 2 which is made in relation to a film for which the first day of principal photography is before 1st April 2006 shall be determined by the Secretary of State in accordance with the Schedule as in force immediately before the commencement of this Order if production is completed before 1st January 2007; otherwise it shall be determined in accordance with the Schedule as modified by this Order.

    (3) For this purpose 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.

Modification of the Schedule
     3. In paragraph 1(1)[2] (preliminary) omit the definitions of "Commonwealth country" and "film production activity".

     4. For paragraph 4[3] (British films for purposes of the Schedule) substitute—

(3) The second requirement is that the film passes the relevant cultural test (see paragraph 4A, 4B or 4C).

(4) For the purposes of this paragraph and paragraphs 4A to 4D a state shall be treated as if it were a member State if—

    (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).

     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) A film passes the cultural test if it is awarded at least 16 points in total.

    (3) Up to 4 points shall be awarded in respect of the content of the film as follows—

(a) 1 point if at least 50% of the film is set in the United Kingdom;

(b) 1 point if at least one of the three principal characters depicted in the film (or, if there are three or fewer characters depicted in the film, any of them) is a British character;

(c) 1 point if the film depicts a British story;

(d) 1 point if at least 50% of the original dialogue is recorded in the English language or in a recognised regional or minority language.

(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) up to 6 points depending on the percentage of principal photography that is carried out in the United Kingdom as follows—

(b) up to 4 points depending on the percentage of the work on visual effects that is carried out in the United Kingdom as follows—

(c) 1 point if at least 75% of the work on special effects is carried out in the United Kingdom;

(d) up to 2 points depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the United Kingdom as follows—

(e) 1 point if at least 75% of the work on audio post production is carried out in the United Kingdom;

(f) 1 point if at least 75% of the work on image processing is carried out in the United Kingdom.

(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—

(a) 2 points if the director (or, if there is more than one, the lead director) is a qualifying person;

(b) up to 2 points depending on the number of the scriptwriters who are qualifying persons as follows—

(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) up to 2 points depending on the number of the actors who are qualifying persons as follows—

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

(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—

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

     4B. —(1) The cultural test for a documentary is as follows.

    (2) A film passes the cultural test if it is awarded at least 16 points in total.

    (3) Up to 4 points shall be awarded in respect of the content of the film as follows—

(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) up to 6 points depending on the percentage of the work on shooting and visual effects that is carried out in the United Kingdom as follows—

(b) up to 4 points depending on the percentage of the work on research and development that is carried out in the United Kingdom as follows—

(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—

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

(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—

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

     4C. —(1) The cultural test for an animation is as follows.

    (2) A film passes the cultural test if it is awarded at least 16 points in total.

    (3) Up to 4 points shall be awarded in respect of the content of the film as follows—

(4) Up to 15 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) up to 6 points depending on the percentage of the work on shooting, visual design, layout and storyboarding that is carried out in the United Kingdom as follows—

(b) up to 4 points depending on the percentage of the work on visual effects that is carried out in the United Kingdom as follows—

(e) 1 point if at least 75% of the work on voice recording and audio post production is carried out in the United Kingdom;

(f) 1 point if at least 75% of the work on image processing is carried out in the United Kingdom.

(5) Up to 13 points shall be awarded in respect of the personnel involved in the making of the film as follows—

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

(g) up to 3 points depending on the number of the heads of department who are qualifying persons as follows—

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

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, a member State;

"recognised regional or minority language" means Welsh, Scottish-Gaelic, Irish, Scots, Ulster Scots or Cornish;

"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 if it is set in a country which is now part of the United Kingdom; and

(b) a film depicts a British story if the subject matter of the film or the underlying material on which the film is based is British.

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

(a) for the purposes of paragraph 4A(4)(a) (principal photography), by reference to the number of days spent on the work;

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

(5) No points shall be awarded under any provision of paragraph 4A(4), 4B(4) or 4C(4) (points awarded in respect of the making of the film) 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.".

5. Omit paragraphs 6 (ascertainment of labour costs and playing time), 7 (determination of requisite amount of labour costs) and 8 (power of Secretary of State to direct alteration of labour costs).

James Purnell
Parliamentary Under Secretary of State Department for Culture, Media and Sport

31st March 2006

We consent to this Order

Dave Watts

Vernon Coaker
Two of the Commissioners of Her Majesty's Treasury

30th March 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies the definition of "British film" in Schedule 1 to the Films Act 1985.

The purpose of the Order is to remove two of the current requirements to be satisfied by a film to meet the definition (that is, the requirements that (i) at least 70% of the expenditure on the film is incurred on film production activity carried out in the United Kingdom, and (ii) not less than a requisite amount of labour costs of the film represents payments for the services of residents or citizens of Commonwealth countries or member States). The Order introduces a new requirement to be satisfied, namely that a film passes a points-based "cultural test", by which points are awarded on the basis of the content of the film, where certain work on the film is carried out, and the residence or citizenship of the personnel involved in the making of the film.

Notes:

[1] 1985 c.21.back

[2] Paragraph 1 was amended by S.I. 1999/2386.back

[3] Paragraph 4 was substituted by S.I. 1999/2386.back

ISBN 0 11 074459 4

Prepared 7 April 2006

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Films (Definition of <q>British Film</q>) Order 2006 No. 643 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060643.html