Kinematograph year book (1944)

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136 The Kinematograph Year Book. a British subject or a person so domiciled, and at least one of whom was so engaged in the capacity of an actor or actress, or (b) in any other case, the amount arrived at under sub-paragraph (i) of the preceding paragraph : Provided that if, upon the application for the registration, as a British film, of a film in respect of which the condition imposed by paragraph (c) of the preceding subsection is not fulfilled, the Board of Trade are satisfied that the maker of the film took all reasonable steps to fulfil the said condition, and that the non-fulfilment thereof was due to exceptional circumstances beyond his control, the Board, if they think fit, may direct that this subsection shall have effect in relation to that film as if in paragraph {a) of this subsection for the words "three-quarters" and the words "four-fifths" there were respectively substituted the words "seven-tenths" and the words "three-quarters." (3) If, upon an application for the registration of a film as a British film, the applicant requests the Board of Trade so to do, the Board shall, for the purpose of determining whether the conditions imposed by this section are fulfilled in respect of the film, treat the film as if such portions thereof as may be designated by the applicant, being portions the length of which does not exceed in all ton per cent, of the total length of the film or twenty per cent, of so much of its total length as consists of photographs of studio scenes (whichever percentage is the less), did not form part of the film ; and in that case the length of the film shall, for the purpose of the registration thereof, be deemed to be reduced by the length of the portions of the film which, by virtue of this subsection, are to be treated as not forming part of the film. (4) Every film registered under this Part of this Act shall, if the conditions imposed by subsection ( 1) of this section are fulfilled in respect of the film, be registered as a British film, or, if those conditions are not so fulfilled, be registered as a foreign film. (5) Section seven of the Finance Act, 1928, (which provides for the reduction of customs duties on negative cinematograph films which are certified by the Board of Trade to satisfy the requirements of subsection (3) of section twenty-seven of the Act of 1927) shall have effect as if the reference in the said section seven to the said subsection (3) included a reference to subsection (1) of this section. (26). — Conditions governing registration of British films as quota films. (1) Every film registered under this Part of this Act as a British film shall be registered as an exhibitors' quota film, and, subject to the following provisions of this section, shall, if the applicant so requests, be registered also as a renters' quota film. (2) A film registered under this Part of this Act as a British film shall not be registered as a renters' quota film unless — (a) the maker of the film was, throughout the time during which the film was being made, a person carrying on business in the United Kingdom and having his principal place of business therein, and (b) the studio, if any, used in making the film (exclusive of any portion of the film which, by virtue of subsection (3) of the last preceding section, is to be treated as not forming part of the film) was within the United Kingdom, and c) at least half the requisite amount of labour costs, as defined by subsection (2) of the last preceding section, represents payments which, as part of the labour costs of the film, have been paid or are payable in respect of the labour or services of British subjects ordinarily resident in, or persons domiciled in, the United Kingdom. (3) A film registered under this Part of this Act as a British long film shall not be registered as a renters' quota film unless — (a) the total labour costs of the film amount to not less than seven thousand five hundred pounds, and (f>) the quotient derived from dividing the amount of the said total labour costs by the number of feet comprised in the length of the film is a sum of not less than one pound : Provided that the Board of Trade may exempt any particular film from the operation of this subsection if, after consulting the Cinematograph Films Council and considering its advice in the matter, the Board are of opinion that the film has special value for purposes of entertainment. (4) The Board of Trade, after consulting the Cinematograph Films Council and considering its advice in the matter, may lay before Parliament the draft of an order directing that the last preceding subsection shall, subject to such modifications of that subsection as may be specified in the order, apply in relation to films registered under this Part of this Act as British short films, as it applies in relation to films registered as British long films ; and if each House of Parliament resolves that the order be made, the Board shall make the order in terms of the draft, and the order shall come into operation on such date as may be specified therein. (5) The Board of Trade, after consulting the Cinematograph Films Council and considering its advice in the matter, may lay before Parliament the draft of an order providing that the Board, upon representations made to them within the prescribed period after there has been trade-shown a film which is the subject of an application for the registration thereof as a British film and also as a renters' quota film, or which has been registered as aforesaid, may, notwithstanding that the conditions as to cost imposed in relation to the film by subsection (3) of this section, or by an order under the last preceding subsection are fulfilled, either refuse to register the film as a renters' quota film or, as the case may be, cancel the registration of the film as a renters' quota film, if, after consulting the Cinematograph Films Council and considering its advice in the matter, the Board are satisfied that the film has insufficient value for purposes of entertainment ; and if each House of Parliament resolves that the order be made the Board shall make the order in terms of the draft, and the order