Films Act 1985
| Year | 1985 |
Films Act 1985
1985 CHAPTER 21
An Act to repeal the Films Acts 1960 to 1980; to make further provision with respect to the financing of films; and for connected purposes.
[23rd May 1985]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Repeal of Films Acts 1960 to 1980 and abolition of Cinematograph Films Council.
(1) The Films Acts 1960 to 1980 are hereby repealed.
(2) The Cinematograph Films Council (which is constituted in accordance with Schedule 1 to the Films Act 1960 ) shall accordingly cease to exist.
(3) Where anything purporting to have been done by or in relation to that Council was done before the passing of this Act at a time when the Council was constituted otherwise than as required by law it shall be treated as not having been rendered invalid by reason of the Council's having been so constituted.
2 Provisions relating to termination of levy on film exhibitors.
(1) In this section—
‘the 1981 Act’ means the Film Levy Finance Act 1981 ;
‘the final levy period’ means the period which began on 14th October 1984 and in respect of which a levy is imposed in accordance with regulations having effect as if made under section 2 of the 1981 Act (levy on film exhibitors), and ‘the levy regulations’ means those regulations; and
‘the final distribution period’ means the period which began on 14th October 1984 and in respect of which payments are required to be made by the British Film Fund Agency in accordance with regulations made under section 6 of the 1981 Act (payments to makers of British films) and ‘the distribution regulations’ means those regulations.
(2) In relation to the final levy period section 2(3) of the 1981 Act (minimum and maximum amounts to be yielded by way of levy in respect of each levy period) shall have effect as if for ‘neither less than 2 million nor more than 12 million’ there were substituted ‘not more than 12 million’.
(3) In relation to that period section 4 of that Act (payments out of levy to National Film Finance Corporation) shall have effect as if—
(a ) in subsection (1) for the words from ‘falling wholly’ onwards there were substituted ‘such proportion (not exceeding in amount 1.5 million) of the amount received by the Agency in respect of that period as proceeds of the levy as the Secretary of State may determine.’; and
(b ) subsection (2) were omitted.
(4) If the Secretary of State by order so provides, both the final levy period and the final distribution period shall, instead of ending with 12th October 1985 as provided by the levy regulations and the distribution regulations respectively, end with such earlier date as may be specified in the order; and accordingly, in that case—
(a ) any reference to the final levy period in the levy regulations, in section 4 of the 1981 Act or in this section shall be construed as a reference to that period as modified by virtue of this subsection;
(b ) any reference to the final distribution period in the distribution regulations or in section 4 of this Act shall be construed as a reference to that period as so modified; and
(c ) any reference to 12th October 1985 in the distribution regulations shall be construed as a reference to the date specified in the order.
(5) The Secretary of State may by order repeal the 1981 Act as from a date specified in the order.
(6) Any order under this section shall be made by statutory instrument.
3 Dissolution of National Film Finance Corporation.
(1) The power of the Secretary of State under paragraph 8 of Schedule 1 to the National Film Finance Corporation Act 1981 of that paragraph shall include power to make, with the like approval, an order dissolving the Corporation at any time after the relevant date and before the end of 1985.
In this subsection ‘the relevant date’ means 12th October 1985 or such earlier date as may be specified in an order under section 2(4) of this Act.
(2) Where in consequence of an order under the said paragraph 8 (whether made by virtue of subsection (1) or not)—
(a ) any property or right of the Corporation becomes vested in the Secretary of State; or
(b ) any amount is received by the Secretary of State in respect of any such property or right,
the Secretary of State shall deal with that property, right or amount in such manner as he thinks fit for any purpose connected with the British film industry.
(3) Without prejudice to the generality of subsection (2), the Secretary of State may, in pursuance of that subsection—
(a ) pay any amount received by him as there mentioned to the British Film Fund Agency for distribution in accordance with section 4(1);
(b ) arrange for the transfer in accordance with subsection (4) of any right to which that subsection applies.
(4) The Secretary of State may, in the case of any right to which this subsection applies, arrange for the right to be transferred, on such conditions as he thinks fit, to any British company or partnership in whose case he is satisfied as to the following matters, namely—
(a ) that the company or partnership will use its best endeavours to encourage the production of relevant films on a commercially successful basis; and
(b ) that it is willing and able to make financial facilities available to persons who wish to arrange for the production of relevant films;
and, subject to any such conditions, the company or partnership may dispose of the right (whether wholly or to any lesser extent) and retain any sums accruing therefrom.
(5) Subsection (4) applies to—
(a ) any copyright or share of a copyright or any licence granted under a copyright;
(b ) any right in, or relating to the exploitation of, a film and not within paragraph (a ).
(6) Where in consequence of any such order as is mentioned in subsection (2) any liability of the Corporation becomes vested in the Secretary of State, the Secretary of State may arrange for the liability to be transferred, on such terms as may be agreed between him and the company or partnership, to any British company or partnership in whose case he is satisfied as to the matters mentioned in paragraphs (a ) and (b ) of subsection (4).
(7) In this section—
‘British company’ means a company incorporated under the laws of Great Britain, being a company—
(i) over which a Commonwealth citizen has control, or two or more Commonwealth citizens are together in a position to exercise control, or
(ii) over which a company which is a British company by virtue of the preceding provisions of this definition has control, or two or more such companies or such a company and a Commonwealth citizen are together in a position to exercise control;
‘British partnership’ means a limited partnership formed in accordance with the Limited Partnerships Act 1907 in which the general partner within the meaning of that Act, or (as the case may be) each of the general partners, is a British company;
‘control’, in relation to a company, means the power of a person or combination of persons to secure—
(i) by means of the holding of shares or the possession of voting power in or in relation to that company or any other body corporate, or
(ii) by virtue of any powers conferred by the articles of association or other document regulating that company or any other body corporate,
that the affairs of the company are conducted in accordance with the wishes of that person or those persons;
‘relevant film’ means a film which is intended to satisfy (whether wholly or to a substantial extent) the conditions that must be satisfied under Schedule 1 to this Act for a film to be a British film for the purposes of that Schedule.
(8) Paragraph 8(4) of Schedule 1 to the National Film Finance Corporation Act 1981 (payments into Consolidated Fund, or out of money provided by Parliament, in connection with dissolution of Corporation) shall cease to have effect; and the Secretary of State may by order made by statutory instrument repeal the remaining provisions of that Act as from a date specified in the order.
4 Final payments by British Film Fund Agency.
(1) Where the British Film Fund Agency receive any amount from the Secretary of State in accordance with section 3(3), that amount shall be added to the moneys available for distribution by the Agency under the distribution regulations in respect of the final distribution period.
(2) With the consent of the Secretary of State payments under the distribution regulations in respect of the final distribution period may be made by the Agency after the date by which they would otherwise have been required to be made by virtue of the regulations.
(3) Where—
(a ) any claim made under the distribution regulations or any corresponding earlier regulations has been accepted by the Agency and they have allocated an amount for the payment of that claim; but
(b ) owing to any lack of information relating to the claimant, or owing to any other circumstances outside their control, they have been unable to secure the payment to the claimant of that amount,
they shall take such steps as they consider...
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