Kinematograph year book (1944)

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Digest of Acts. 129 (5) . — Combinations of renters for quota purposes. Upon application made to them in that behalf, the Board of Trade, if they think fit, may, in relation to any renters' quota period, designate any two or more renters as an approved combination for the purpose of fulfilling the quota conditions as respects that period in relation to long films ; and if, in that period, not more than one of those renters has acquired, for distribution in Great Britain, more than three films which are registered as long films (other than films which are registered only as exhibitors' quota films), the preceding sections of this Act shall, so far as regards the fulfilment of the quota conditions as respects that period in relation to long films, apply to those renters as if they constituted together a single renter : Provided that the preceding provisions of this section shall, in relation to the renters' quota period beginning with the first day of April nineteen hundred and thirty-eight, have effect as if in those provisions for the word " three " there were substituted the word "six." (6) . — Provisions with respect to films acquired and registered in different periods. Where, for the purpose of any of the preceding provisions of this Act, it is material to determine what films a renter has acquired in any renters' quota period, a film which he has, in that period acquired for distribution in Great Britain, but which has been registered in any subsequent renters quota period, shall be deemed to have been acquired by him as aforesaid in the renters' quota period in which the film was registered and not in the renters' quota period in which he actually so acquired it. Provisions relating to Exhibitors' quotas. (7) . — Determination of exhibitors' quotas for period beginning 1st October 1938, and ending 30th September 1948. (1) Subject to the following provisions of this Part of this Act, where an exhibitor has, in any exhibitors' quota year, exhibited to the public at any theatre in Great Britain films which are registered as foreign long films, or has, in any such year, so exhibited films which are registered as foreign short films, then, unless — (a) in the first case, the proportion which the total length of films which have been exhibited by him to the public at that theatre in that year, and are registered as British long films, bears to the total length of films which have been so exhibited and are registered as long films is at least equal to the proportion prescribed in relation to long films for that year by Part II of the First Schedule to this Act, or (b) in the second case, the proportion which the total length of films which have been exhibited by him to the public at that theatre in that year, and are registered as British short films, bears to the total length of films which have been so exhibited and are registered as short films is at least equal to the proportion prescribed in relation to short films for that year by Part II of the said Schedule, the exhibitor shall be guilty of a quota offence, except in a case where either the Board of Trade certify, under the following provisions of this Part of this Act, that his failure to fulfil the relevant conditions imposed by this subsection was due to circumstances beyond his control, or the exhibitor proves that fact to the satisfaction of the court. (2) For the purpose of the preceding subsection, the total length of films of any class mentioned in that subsection which, in any exhibitors' quota year, has been exhibited to the public at any particular theatre shall be computed as follows, that is to say : — (a) the registered length of each film of that class which, in that year, has been exhibited to the public at that theatre during the normal hours in the ordinary programme shall be multiplied by the number of times the film has in that year been so exhibited ; and (b) the products arrived at under paragraph (a) of this subsection shall be added together. (3) In relation to any exhibitor who does not, in any exhibitors' quota year, exhibit registered films to the public at any one theatre in Great Britain on more than six days nor at more than one such theatre at the same time, the preceding provisions of this section shall have effect as if all the registered films which had in that year been exhibited by him to the public at theatres in Great Britain had been so exhibited at one such theatre. (4) For the purpose of determining whether any conditions imposed by subsection (1) of this section have been fulfilled as respects any exhibitors' quota year, a film which was first registered as a British film more than four years before the beginning of that year shall be disregarded, unless, upon an application made not later than the end of that year by a renter having a right to distribute the film in Great Britain, the Board of Trade, after consulting the Cinematograph Films Council and considering its advice in the matter, direct that the film shall be taken into account for that purpose. General Provisions. (8) . — Restriction on renting registered films otherwise than at their registered length. If, on any occasion on which, during the period beginning at the commencement of this Act and ending with the thirtieth day of September nineteen hundred and forty-eight, a registered film is delivered by a renter to an exhibitor in Great Britain for public exhibition at a theatre therein, the length of the film as so delivered on that occasion differs from the registered length of the film by more than one-tenth of that registered length, the renter shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds. E