Kinematograph year book (1935)

Digest of Acts. 177 or to any person with whom he is financially associated or to any person who took part in the management of his business and was knowingly a party of the offence, or to any person whose licence in respect of any theatre has been revoked during the twelve months previous to the date of the conviction. (3) Summary proceedings for the offence of not complying with the requirements of this Part of this Act as to the renters' quota or as to the exhibitors' quota may, notwithstanding anything in the Summary Jurisdiction Acts, be instituted at any time within two years after the commission of the offence in the case of a renter, and one year after the commission of the offence in the case of an exhibitor. 25. — (Provisions as to Licences.) — (1) A licence under this Act shall be granted by the Board of Trade to any person applying for the licence if the applicant is not disqualified for holding the licence applied for, and if the application is accompanied by such information verified in such manner as the Board may reasonably require in order to satisfy themselves that the applicant is not disqualified for holding the licence applied for and by the prescribed fee. (2) A person shall not be qualified to hold a licence under this Part of the Act unless he has a place of business within Great Britain and has sent notice thereof and of any charge therein to the Board of Trade. (3) A licence granted under this section shall remain in force until the expiration of the year ending on the thirty-first day of March or the thirtieth day of September, as the case may be, in respect of which it is granted, unless previous to that date the holder thereof to be qualified for holding the licence. 26. — (Penalties for Failure to Make Returns and Keep Record Books.) — (1) If any person required to make a return under this Part of this Act fails to make the return within the time within which he is required to make the return, or on being so required fails to give any information or explanation respecting the return which it is in his power to give, he shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding five pounds for every day during which the default continues. (2) If any person who is required to keep a book and record therein such particulars as are mentioned in this Part of this Act fails to do so, or when required by a person authorised in that behalf by the Board of Trade to produce the book for inspection at any reasonable time fails to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds. PART IV. GENERAL. 27. — (Films to which Act applies.)— (1) The films to which this Act applies are all cinematograph films other than : — (a) films depicting wholly or mainly news and current events ; (b) films depicting wholly or mainly natural scenery ; (c) films being wholly or mainly commercial advertisements ; {i) films used wholly or mainly by educational institutions for educational purposes ; {e) films depicting wholly or mainly industrial or manufacturing processes ; ( /) scientific films, including natural history films. Provided that — (i) if it appears to the Board of Trade, on application by the maker or renter that, having regard to the special exhibition value of the film, any film of any such class as aforesaid should be allowed to be registered and to count for the purposes of the renters' quota and exhibitors' quota, they may allow the film to be registered and so counted ; and (ii) any film being a British film and a film of class lb), (d), (e), or ( / ) of the classes above mentioned shall without being trade shown be registerable as if it were a film to which this Act applies, and if so registered, shall be deemed to be a registered film for the purposes of the provisions of this Act other than those relating to the renters' quota. (2) For the purposes of this Act, " serial film or series of films " means a serial film or series of films comprising a number of parts not exceeding twenty-six, each part not exceeding two thousand feet in length, intended to be exhibited at successive dates at intervals not exceeding fourteen days. (3) For the purposes of this Act a film shall be deemed to be a British film if, but not unless, it complies with all the following requirements : — (i) It must have been made by a person who was at the time the film was made a British subject, or by two or more persons each of whom was a British subject, or by a British company ; (ii) After the first day of December, nineteen hundred and twenty-eight, the studio scenes must have been photographed in a studio in the British Empire. iii) The author of the scenario must have been a British subject ; (iv) Not less than seventy-five per cent, of the salaries, wages and payments specifically paid for labour and services in the making of the film (exclusive of payments in respect of copyright and of the salary or payments to one foreign actor or actress or producer, but inclusive of the payments to the author of the scenario) has been paid to British subjects or persons domiciled in the British Empire but it shall be lawful for the Board of Trade to relax this requirement in any case where they are satisfied that the maker had taken all reasonable steps to secure compliance with the requirement, and that his failure to comply therewith was occasioned by exceptional circumstauces beyond his control, but so that such power of relaxation shall not permit of the percentage aforesaid being less than seventy per cent. (4) Every film which is not a British film shall for the purposes of this Act be deemed to be a foreign film. Featurettes, not Fillers. Shorts from Radio, of course !