Kinematograph year book (1944)

128 The Kinematograph Year Book. {a) the film has previously been acquired as aforesaid by some other renter, and (6) not less than one year has elapsed since the end of the year in which the film was previously acquired as aforesaid by any other renter ; and in this subsection the expression " year " means year beginning with the first day of April. (3) . — Special provisions with respect to British films rented in foreign countries. (1) Where, by means of such evidence (including statutory declarations) as the Board of Trade may require, a renter carrying on business in Great Britain satisfies the Board with respect to any film registered under Part III of this Act as a British long film and also as doubled or trebled for the purpose of renters' quota — (a) that in any renters' quota period the said renter has, for a price of not less than twenty thousand pounds, acquired the film for distribution in a foreign country, and (b) that the said renter has not acquired the film for distribution in Great Britain. the Board may, if they think fit, give directions that in determining whether any relevant quota conditions have been fulfilled — (i) the film shall (except for the purpose of the proviso to subsection (a) of section one of this Act) be treated as if, at the time when the said renter acquired it for distribution in that foreign country, he had acquired it for distribution in Great Britain, and (ii) any acquisition of the film by another renter for distribution in Great Britain (whether before or after the giving of the directions) shall be disregarded. (2) Any directions given under this section by the Board of Trade shall — (a) in a case where — (i) the film to which the directions relate is registered as trebled for the purpose of renters' quota, and (ii) the Board are satisfied that the price paid or payable by the renter in respect of his acquisition of the film for distribution in the foreign country is not less that thirty thousand pounds, include a direction that the length of the film shall, for the purpose of determining whether any relevant quota conditions have been fulfilled by that renter in any renters' quota period, be taken to be twice its registered length, or (b) in any other case, include a direction that the length of the film shall, for the said purpose, be taken to be its registered length : Provided that, if the total length of the films which, by virtue of any directions under this section, a renter is to be deemed for any purpose to have acquired in any renters' quota period for distribution • n Great Britain exceeds half the total length of films registered as British long films which, apart from those directions, he must have acquired for distribution in Great Britain in order to fulfil the relevant quota conditions as respects that period, the first-mentioned total length shall be deemed to be reduced by the amount of the excess. (3) If, at any time after giving any directions under this section, the Board of Trade discover that they were misinformed as to any of the material facts by reference to which their decision to give the directions was made, the Board may revoke the directions ; and where any such directions are revoked, they shall be deemed never to have been given. (4) If, and to the extent that, section one of this Act has effect subject to the modification made therein by an order containing such a direction as is authorised by paragraph (a) of subsection (3) of that section, this section shall have effect as if, in subsection (1) of this section, for the words " doubled or trebled for the purpose of renters' quota" there were substituted the words " doubled for the purpose of renters' quota or capable of being doubled under this section," and as if, in subsection (2) of this section, for the words "trebled for the purpose of renters' quota" there were substituted the words "capable of being doubled under this section." (4) . — Exemption in respect of films for which demand is limited. (1) Upon application made, with respect to a film to which this Act applies, by a renter who has, in any renters' quota period, acquired that film for distribution in Great Britain, or who proposes to acquire it in any such period for distribution in Great Britain, the Board of Trade, if satisfied that the film is a long film and that it has not been exhibited to the public in Great Britain within the twelve months immediately preceding the date on which the application was made, may, if they think fit, direct that, suDject to the fulfilment of the conditions set out in the following subsection, the fact that he has, before the end of the year beginning with the said date, acquired the film for distribution in Great Britain, shall, for the purpose of determining whether that renter has fulfilled any quota conditions, be disregarded. (2) The conditions subject to which any directions given under this section in respect of a film shall have effect are that the film must not, in the year beginning with the date of the application upon which the directions are given — (a) be delivered by any other renter to exhibitors in Great Britain for public exhibition therein, or (b) be exhibited to the public at more than twelve theatres in Great Britain or at more than six theatres in the administrative county of London or (c) be exhibited to the public at more than one theatre in Great Britain on the same day ; and if the renter delivers the film, after the end of that year, to an exhibitor for exhibition to the public at a theatre in Great Britain, then, for the purpose of determining whether any quota conditions have been fulfilled by him, the film shall (without prejudice to any previous effect of the directions) be treated as if, at the time when he first so delivers it, he had acquired it for distribution in Great Britain .