Cinematograph Films Act 1948
| Jurisdiction | UK Non-devolved |
| Citation | 1948 c. 23 |
| Year | 1948 |
Cinematograph Films Act 1948
An Act to make further provision for securing the exhibition of a certain proportion of British cinematograph films, and otherwise to amend and continue the Cinematograph Films Act, 1938.
[24th March 1948]
Be it enacted by the King'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 Obligation of exhibitors to show British films.
(1) Subject to the provisions of this Act, an exhibitor who, in any quota period, exhibits registered films to the public at any theatre in Great Britain shall include among the films so exhibited such British films as are required by this section in respect of that period.
(2) Where the films exhibited as aforesaid in any quota period include films registered as long films, the film so exhibited as the first feature film shall, on at least the prescribed percentage of the number of days on which such films are so exhibited, be a film registered as a British film and as an exhibitors' quota film.
(3) Where the films exhibited as aforesaid in any quota period include films registered as short films, or films registered as long films which are exhibited otherwise than as first feature films, those films shall, to the extent of at least the prescribed percentage of their total exhibited length, be films registered as British films and as exhibitors' quota films.
(4) In this Act the expression ‘quota period,’ means the year beginning on the first day of October, nineteen hundred and forty-eight, and each succeeding year during which this section is in force.
(5) The requirements imposed by this section in respect of any quota period shall be complied with separately in respect of the first six months of that period as well as in respect of the whole of that period.
(6) If any exhibitor fails to comply with any of the requirements of this section, he shall be guilty of a quota offence unless the Board of Trade certify under the principal Act that his failure was due to circumstances beyond his control, or the exhibitor proves that fact to the satisfaction of the court.
(7) This section shall continue in force until the thirtieth day of September, nineteen hundred and fifty-eight, and shall then expire.
2 Determination of quotas to British films.
(1) The Board of Trade shall, not later than the first day of July, nineteen hundred and forty-eight, by order determine the percentages which are to be the prescribed percentages for the purposes respectively of subsection (2) and subsection (3) of the foregoing section.
(2) Any order made by the Board under this section may be amended by a subsequent order made by the Board:
Provided that no such amending order shall have effect in relation to any quota period beginning earlier than six months from the date on which it is made.
(3) Before making an order under this section, the Board shall consult the Cinematograph Films Council and consider its advice in the matter.
(4) The power of the Board to make orders under this section shall be exercised by statutory instrument; and any such instrument shall be of no effect unless it is approved by resolution of each House of Parliament.
3 Supplementary provisions as to quotas.
(1) For the purposes of subsections (2) and (3) of section one of this Act, a film which was first registered as a British film more than four years before the beginning of the quota period in question shall be disregarded unless, upon an application made not later than the end of that period by a renter having a right to distribute the film in Great Britain, the Board of Trade, after consulting the Cinematograph Films Council and considering its advice in the matter, direct that the film shall be taken into account for that purpose.
(2) A film shall be deemed for the purposes of this Act to be exhibited as the first feature film at a theatre on any day—
(a ) if it is the only long film exhibited at that theatre during the normal hours in the ordinary programme on that day;
(b ) if the daily rental of the film exceeds that of any other long film so exhibited; or
(c ) (where the daily rental of the film is equal to that of another long film so exhibited, and is not less than that of any other such long film) if it is the last long film so exhibited.
(3) For the purposes of the last foregoing subsection, the total rental payable by an exhibitor in respect of the exhibition of a film at any theatre during any period (whether ascertained by reference to receipts or otherwise) shall be divided by the number of days in that period on which the film is so exhibited, and the sum so arrived at shall be deemed to be the daily rental of that film.
(4) In computing for the purposes of subsection (3) of section one of this Act the total exhibited length of the films of any class exhibited at any theatre in any quota period, or in the first six months of any quota period, the registered length of each such film shall be multiplied by the number of occasions on which the film is so exhibited (otherwise than as the first feature film) during the normal hours in the ordinary programme.
(5) A film registered as a British film which is exhibited at a theatre on any day shall not be deemed for the purposes of this Act to be exhibited during the normal hours in the ordinary programme unless the whole of that film is exhibited at least once between the hours of five and ten p.m.
(6) A film of which the total labour costs are less than ten shillings per foot shall not be registered as an exhibitors' quota film, and any such film shall be disregarded for the purposes of subsection (2) and (3) of section one of this Act.
4 Exemption and relief of certain theatres anditinerant exhibitors.
(1) If the Board of Trade are satisfied, on application made to them by an exhibitor who exhibits films to the public at any theatre in Great Britain—
(a ) that films are so exhibited at not less than two other theatres in the same locality in competition with his theatre; and
(b ) that owing to circumstances beyond the control of the applicant films registered as British films are exhibited at those theatres on dates earlier than the dates on which he is able to exhibit the same films in his theatre,
the Board may, if they think fit, direct that in relation to the exhibition of films at the theatre to which the application relates the prescribed percentage for the purposes of subsection (2) or subsection (3) of section one of this Act shall be reduced, in the case of such quota period or periods as may be specified in the direction, by such amount as may be so specified:
Provided that the Board shall not give any such direction if it appears to them that the theatre is controlled by a person who controls more than two hundred theatres in Great Britain.
(2) Before giving a direction under the last foregoing subsection, the Board shall consult the Cinematograph Films Council and consider its advice in the matter.
(3) If upon application made to them as mentioned in subsection (1) of this section not less than three months before the beginning of any quota period the Board are satisfied—
(a ) that the theatre to which the application relates fulfils the conditions specified in paragraphs (a ) and (b ) of that subsection; and
(b ) that the average net box office receipts of the theatre during the year ending six months before the beginning of that quota period did not exceed one hundred pounds per week,
the Board shall direct that the foregoing provisions of this Act shall not apply to the exhibition of films at that theatre during that quota period.
(4) In relation to an exhibitor who, in any quota period, exhibits registered films to the public at theatres in Great Britain (not being theatres of the class described in subsection (3) of this section) but does not so exhibit such films at any one such theatre on more than six days during that period nor at more than one such theatre at the same time, the foregoing provisions of this Act shall have effect as if all the registered films exhibited by him to the public at such theatres in Great Britain in that period were so exhibited at one such theatre.
(5) The reference in subsection (3) of this section to the net box office receipts of a theatre shall be construed as a reference to the receipts from the sale of seats at all performances at which registered films are shown to the public, after deduction of entertainments duty within the meaning of the Finance (New Duties) Act, 1916 .
5 Circuit theatres, etc.
(1) Where application is made to the Board of Trade for a licence under section nine of the principal Act authorising a person to carry on business as an exhibitor at any theatre, and it appears to the Board that the theatre is controlled by a person who controls more than two hundred theatres in Great Britain, any licence issued in pursuance of the application shall be issued subject to the conditions specified in the next following subsection.
(2) The conditions of any such licence as aforesaid shall be such as appear to the Board to be necessary for securing that the exhibitor will, if so required by the Board, exhibit at the theatre as first feature films, on such occasions as the Board may direct during the quota period in respect of which the licence is granted, not more than six films registered as British films and recommended by a Selection Committee to be appointed by the Board for the purpose...
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