Kinematograph year book (1944)

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Digest of Acts. 127 Provided that a renter shall be deemed not to have fulfilled the quota conditions imposed by paragraph (a) of the preceding subsection as respects the quota period beginning with the first day of April nineteen hundred and thirty-eight or either of the two renters' quota periods falling in the year beginning with the first day of April nineteen hundred and thirty-nine or in any subsequent year, if the aggregate of the registered lengths of the films acquired by him in that period or year, as the case may be, for distribution in Great Britain which are registered as British long films and also as renters' quota films bears to the aggregate of the lengths which are to be taken, for the purpose of that paragraph, to be the lengths of those films, a proportion being less than one-half. (3) The Board of Trade, after consulting the Cinematograph Films Council and considering its advice in the matter, may, not later than the end of June in the year nineteen hundred and thirtyeight or any of the eight succeeding years, lay before Parliament the draft of an order directing— (a) that, in relation to the renters' quota period beginning with the first day of April then next following and in relation to any subsequent renters' quota period specified in the order, this section shall have effect as if for subsection (2) thereof there were substituted the following subsection : " (2) For the purpose of the preceding subsection, the length of a film shall be taken to be its registered length ; but where a film registered as a renters' quota film is also registered as a British long film and also as doubled for the purpose of renters' quota on the ground of its cost, then, subject to the following provisions of this part of this Act, the length of the film shall be taken, for the purpose of paragraph (a) of that subsection, to be twice its registered length " ; or (b) that, in relation to the year beginning with the said first day of April and in relation to any subsequent year specified in the order, the proviso to subsection (2) of this section — (i) shall have effect as if in that proviso for the reference to one-half there were substituted a reference to such other proportion as may be specified in the order, or (ii) shall have no effect ; and if, not later than the thirty-first day of July next following the date on which the draft of any such order is laid before it, each House of Parliament resolves that the order be made, the Board shall forthwith make the order in terms of the draft. (4) The power conferred by the last preceding subsection to lay in draft before Parliament and to make an order shall be construed as including a power, exercisable in the like manner and subject to the like conditions, to lay in draft before Parliament and to make an order varying or revoking an order having effect by virtue of that subsection : Provided that an order varying or revoking such an order as aforesaid shall not have effect in relation to any period prior to the first day of April next following the date on which the order is made. (2). — Restrictions on the counting of a British film more than once, or by more than one venter, for quota purposes. (1) Subject to the following provisions of this Part of this Act, no film registered as a British film shall, for the purpose of the fulfilment of any conditions imposed by subsection (1) of the last preceding section (hereafter in this Act referred to as " quota conditions"), be counted more than once by the same renter or counted by any renter other than the renter who has first acquired the film (whether before or after the commencement of this Act) for distribution in Great Britain ; and no film so registered shall be counted for the said purpose if it has already been counted for the purpose of complying with the requirements of section thirteen of the Act of 1927. (2) Where, at any time in a renters' quota period, a renter has acquired, for distribution in a limited area in Great Britain only, a film which is registered as a British film and also as a renters' quota film, and which, at that time, had not been exhibited to the public at a theatre in that area, then if throughout that period or, as the case may be, the part thereof during which he carried on business as a renter in Great Britain — (a) that renter has had no right to distribute in Great Britain outside that area any films which are registered as foreign films or are registered as British films and also as renters' quota films, and (b) no other renter has had a right to distribute the first-mentioned film in that area, the said film may, for the purpose of the fulfilment of any relevant quota conditions as respects that period, be counted once by the first-mentioned renter, notwithstanding that some other person is a lso entitled, by virtue of this subsection, to count the film for the said purpose. (3) Where the films which a renter has, in any renters' quota period, acquired for distribution in Great Britain consist of, or include, old films registered as British films and also as renters' quota films, and old films registered as foreign films, he may, for the purpose of fulfilling any relevant quota conditions as respects that period, count once each of the said old films which is registered as a British film— (a) if all the registered films so acquired by him in that period (exclusive of films registered only as exhibitors' quota films) are old films, or (6) in a case where the said registered films include films other than old films) if any sucb quota conditions would have been fulfilled as respects those other films had they been the only films so acquired by him in that period. (4) For the purposes of the last preceding subsection, a film which in any renters' quota period a renter acquires for distribution in Great Britain shall, in relation to that period, be deemed to be told if, and only, if, —