Kinematograph year book (1950)

572 The Kinematograph Year Book. quota offence under the Cinematograph Films Act, 1948, may be instituted at any time within two years after the end of the quota period in relation to which the offence has occurred. (4) In this section the expression " exhibitor's offence " means an offence which is a quota offence by virtue of the Cinematograph Films Act, 1948, or the repealed provisions of this Part of this Act relating to exhibitors' quotas, or an offence under section nineteen of the Act of 1927. 2. — Record books to be kept by renters and exhibitors. (1) Any renter who, in any renters' licensing year, delivers for public exhibition at a theatre in Great Britain a film which is a registered film shall keep records of — (a) the title and registered length of the film, the fact that it is registered as a British film, as an exhibitors' quota film or as a foreign film, as the case may be, and such other particulars with respect to the film as may be prescribed for the purpose of identification, and {b) the theatres in Great Britain for public exhibition at which he delivers the film to exhibitors, and the respective dates on which, or periods for which, the film is to be, or has been, exhibited to the public at those theatres on delivery as aforesaid, and, in the case of a long film delivered as aforesaid for exhibition on or after the first day of October, nineteen hundred and forty-eight, the rental paid or payable in respect of the exhibition of the film at each of those theatres ; and shall, whenever requested so to do by a person authorised in that behalf by the Board of Trade, produce those records for inspection by that person. (2) Any exhibitor who, in any quota period exhibits a registered film to the public at a theatre in Great Britain shall, as soon as practicable, record in a book to be kept by him for the purpose in respect of that theatre — (a) the title and registered length of the film, the fact that it is registered as a British film, as an exhibitors' quota film or as a foreign film, as the case may be, and such other particulars with respect to the film as may be prescribed for the purpose of identification, and (b) the dates in that period on which the film was exhibited to the public at that theatre, and, in relation to each of those dates, the number of times the film was so exhibited and the respective hours at which the exhibition of cinematograph films to the public at tnat theatre began and ended : Provided that an exhibitor who does not, in any quota period, exniDit registered films to the public at any one thealie in Great Britain on more than six days nor at more than one such theatre at the same time, shall not be obliged to keep under this subsection more than one book in respect of the theatres at which he so exhibits registered films in that period. (2 a) Any exhibitor who, in any quota period, exhibits as aforesaid films registered as long films, shall, in addition to the matters required by the last foregoing subsection to be recorded by him, keep records of the rental paid or payable in respect of each such film so exhibited. (3) Any book which an exhibitor is required by subsection (2) of this section to keep in relation to a particular theatre shall, so long as he continues to carry on the business of exhibiting registered films to the public at that theatre, be kept by him at that theatre and be open to inspection thereat, at all reasonable times, by any person authorised in that behalf by the Board of Trade ; and, subject to the preceding provisions of this subsection, an exhibitor who is required to keep a book or records under this section shall, whenever requested so to do by a person authorised in that behalf by the Board, produce the book or records for inspection by that person. (4) If any person fails to comply with any of the requirements of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds. 13. — Relief from liability for quota offences in circumstances beyond control of exhibitor. (1) If, upon application made to them, the Board of Trade are satisfied that any failure to comply v/ith any of the requirements of section one of the Cinematograph Films Act, 1948, or with any conditions imposed by a licence in pursuance of section five of that Act, was due to circumstances beyond the control of any person, the Board may issue a certificate to that effect : Provided that, where any application is made under this subsection to the Board, they shall, before determining the application, consult the Cinematograph Films Council and consider its advice in the matter. (2) For the purposes of the Cinematograph Films Act, 1948, a failure on the part of a person to fulfil any requirement cf section one of that Act shall be deemed to have been due to circumstances beyond the control of that person if, owing to the character of the films available or to the excessive cost of such films, it was not commercially practicable to fulfil that requirement ; and a failure to exhibit a film in accordance with a condition in that behalf imposed by a licence in pursuance of section five of the Cinematograph Films Act, 1948, shall be deemed to have been due to circumstances beyond the control of a person if he was not able to acquire the right to exhibit that film on reasonable terms. PART II. Restrictions on Blind Booking and Advance Booking of Films. 17. — Restriction on blind booking. (1) No renter shall, in the period beginning at the commencement of this Act and ending with the expiry of section one of the Cinematograph Films Act, 1948, procure the giving by an exhibitor (whether for a consideration or not, and whether orally or in writing) of any such undertaking as would, if it were legally binding on the exhibitor, impose on him an obligation, either actual or contingent, to take delivery of a film to which this Act applies, for public exhibition at a theatre in Great Britain, being a film which had not been trade-shown at the time of his giving the undertaking : Provided that this subsection shall not operate so as to restrict — (a) in relation to any serial film or series of films the making, at a time when at least three parts of the film or series have been trade-shown, of an agreement for the public exhibition of any part thereof,