Kinematograph year book (1944)

140 The Kinematograph Year Book. (4) A return required by this section shall be deemed not to have been furnished in compliance with this section unless it is accompanied by a statutory declaration of the truth of the particulars contained in the return, being a declaration made by the person required to furnish the return. (5) Every person by whom a return has been made to the Board of Trade in pursuance rf this section, shall produce and furnish to the Board such books and other documents and other inform • ation by way of explanation of the return as the Board may require for the purposes of this Act. (6) For the purposes of any proceedings which may be taken by virtue of this section, the fact that a person has been the holder of a renter's licence or of an exhibitor's licence shall be evidence that the said person has, in the year in respect of which the licence was granted, carried on business as a renter in Great Britain or carried on business as an exhibitor at a theatre in Great Britain, as the case may be. (38). — Penalties in connection with the furnishing of information. (1) If any person fails to produce, furnish or give to the Board of Trade, in accordance with the requirements of this Act, any book or other document, or any return, notification or other information, which he is required by this Act so to produce, furnish or give, he shall be liable, on summary conviction, to a fine not exceeding five pounds for every day during which the default continues. (2) Any person who, in furnishing or giving any return, notification or other information for the purposes of any provisions of this Act, or, in recording any particulars in pursuance of this Act, Knowingly or recklessly makes a statement [false in a material particular, shall be guilty of an offence and liable, on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and such fine. (39) . — Offences by corporations. Where a body corporate is guilty of an offence under this Act, and it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (40) . — Regulations of Board of Trade. (1) Subject to the following provisions of this section, the Board of Trade may make regulations prescribing anything which by this Act is required or authorised to be prescribed, and may make regulations prescribing — (a) the form of applications for the registration of films or for licences under this Act. (b) the particulars and evidence necessary for satisfying the Board that a film is a British film or is a film which ought to be registered under Part III of this Act as a renters' quota film, and (c) the form of the returns to be made, and the record books to be kept, under this Act, and also regulations providing that any statutory declaration which a person is required by this Act to make shall be deemed to be properly made if it is made on his behalf by any such person as may be specified in the regulations ; but no such regulations prescribing the payment of fees shall be of any effect unless those regulations have been made with the consent of the Treasury. (2) Any regulations prescribing the amount of any fees shall be so framed as to secure, as nearly as may be, that the aggregate amount produced by those fees will be equal to the amount of the expenses incidental to the carrying out of this Act and the carrying out of the Act of 1927 after the commencement of this Act ; but the amount of the fees payable on applications for the registration of films or for licences under this Act shall not exceed the amounts specified in the Second Schedule to this Act. (41) . — The Cinematograph Films Council. (1) There shall be a council to be called "the Cinematograph Films Council, "consisting of twentyone members appointed bv the Board of Trade ; and of the members of the said Council — (a) eieven (ot whom one shall be the chairman of the Council) shall be persons appointed as being independent persons, (b) two shall be persons appointed as representing makers of British films, (c) two shall be persons appointed as representing renters, (d) four shall be persons appointed as representing exhibitors, and (e) two shall be persons appointed as representing persons employed by makers of Britis films. (2) It shall be the duty of the Board of Trade to satisfy themselves, with respect to any person whom they propose to appoint under paragraph (a) of the preceding subsection to be a member of the said Council, or who is a member of the Council by virtue of an appointment made under that paragraph, that he will have or has, as the case may be, no such financial or commercial interest as is likely to affect him in the discharge of his functions as a member of the Council ; and any such person shall whenever requested by the Board so to do, furnish to them such information as they consider necessary for the performance of their duty under this sub-section.