Kinematograph year book (1946)

170 The Kinematograph Year Book. and furnish to the Board such other information with respect thereto as the Board may require, for the proper discharge of their functions under this Part of this Act in relation to that film ; and any information furnished for the purposes of this subsection shall, if the Board so direct, be accompanied by a statutory declaration as to the truth of the information, being a declaration made by the person furnishing the information : Provided that an application for the registration of a film shall not be granted, unless and until there has been furnished to the Board of Trade a statutory declaration made by the applicant to the affect that there has not been made, in relation to that film, any such agreement as is declared by part II of this Act to be invalid in any respect. (25). — Determination of films to be treated as British films for purposes of registration. (1) Subject to the following provisions of this section, a film shall, for the purpose of the registration thereof under this Part of this Act, be deemed to be a British film if, and only if, — (a) the maker of the film was, throughout the time during which the film was being made> either a British subject or a British company, and (b) the studio, if any, used in making the film was within His Majesty's dominions, and (c) not less than the requisite amount of labour costs represents payments paid or payable in respect of the labour or services of British subjects or persons domiciled in some part of His Majesty's dominions. (2) In paragraph (a) of the preceding subsection the expression "a British company" means a company incorporated under the laws of any part of His Majesty's dominions, being a company the directors of which, or the majority of the directors of which, were British subjects ; and for the purposes of paragraphs (a) and (c) of that subsection, any film used for making photographs depicted as part of any scene in the film which is the subject of the application for registration, shall be deemed to form part of the last-mentioned film ; and in paragraph (c) of that subsection the expression "the requisite amount of labour costs " means, in relation to any film — (a) (in a case where the total labour costs of the film amount to not less than twenty-two thousand five hundred pounds, and 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 three pounds) whichever of the two following amounts is the less, that is to say — (i) the amount arrived at by applying the fraction three-quarters to the total labour costs of the film, after deducting therefrom, if the applicant for registration so desires, the amount of any payment which, as part of those costs, has been paid or is payable in respect of the labour or services of any one person who was, while engaged in the making of the film, neither a British subject nor a person domiciled in some part of His Majesty's dominions ; (ii) the amount arrived at by applying the fraction four-fifths to the total labour costs of the film, after deducting therefrom the amount of any payments which, as part of those costs, have been paid or are payable in respect of the labour or services of any two persons neither of whom was, while engaged in the making of the film 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 (6) 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 ten 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.