Cinematograph Films Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. 21 |
| Year | 1957 |
Cinematograph Films Act , 1957
(5 & 6 Eliz. 2) CHAPTER 21
An Act to provide for the imposition of a levy on exhibitors of cinematograph films and for the making from the proceeds thereof of payments to, or for the benefit of, makers of British cinematograph films and to the Children's Film Foundation Limited; to amend the law relating to the functions and finances of the National Film Finance Corporation; to extend the period during which, under section one of the Cinematograph Films Act, 1948, the inclusion of British cinematograph films amongst registered films exhibited to the public in theatres in Great Britain is obligatory and increase the maximum amount of certain fees payable under the Cinematograph Films Act, 1938; and for purposes connected with the matters aforesaid.
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:—
Part I
Provisions relating to the Exhibitors' Levy
1 The British Film Fund Agency.
(1) On such day as may be appointed for the purposes of this section by an order made by the Board of Trade by statutory instrument, there shall be established, in accordance with the provisions of this Act, a body corporate to be called the British Film Fund Agency (in this Act referred to as ‘the Agency’) the objects whereof shall be to make, out of the levy imposed on exhibitors in accordance with regulations made under section two of this Act,—
(a ) such payments to, or for the benefit of, makers of British films as are authorised or required to be made by regulations made under section three of this Act; and
(b ) with the approval of the Board of Trade, payments to the Children's Film Foundation Limited.
(2) The members of the Agency shall be appointed by the Board of Trade, and the number thereof shall be such (not being less than three nor more than five) as the Board may from time to time determine.
(3) It shall be the duty of the Board of Trade to satisfy themselves, with respect to any person whom they propose to appoint to be a member of the Agency, that he has no such financial or industrial interest as is likely to affect him in the discharge of his functions.
(4) The provisions of the Schedule to this Act (which relate to the procedure of, and similar matters concerning, the Agency) shall have effect with respect to the Agency.
2 Levy on exhibitors.
(1) It shall be the duty of the Board of Trade by regulations (made by statutory instrument) to provide for the imposition, upon exhibitors, of a levy in respect of each of ten successive periods of fifty-two weeks, of which the first shall begin not later than the twentieth day of October, nineteen hundred and fifty-seven.
(2) Regulations under this section—
(a ) shall provide for defining the classes of persons, being exhibitors, who are to be liable to the levy and may provide for the exemption of any exhibitors or classes of exhibitors;
(b ) shall specify the rate of the levy or the method by which it is to be calculated and may make different provision in relation to different exhibitors or classes of exhibitors;
(c ) shall contain provisions as to the times at which payments shall be made in respect of the levy; and
(d ) may make such incidental or consequential provision as may appear to the Board of Trade to be necessary or expedient for the purposes of the regulations.
(3) The Board of Trade shall discharge the duty imposed on them by subsection (1) of this section in such manner as will secure—
(a ) that the amount to be yielded by way of the levy in respect of the first period in respect of which it is imposed will, in their estimation, be approximately three million seven hundred and fifty thousand pounds;
(b ) that the amount to be so yielded in respect of each such period after the first will, in their estimation, be neither less than two million pounds nor more than five million pounds;
and, in determining the amount referred to in paragraph (b ) of this subsection, regard shall be paid to the prevailing economic circumstances of both exhibitors and makers of British films as well as the prevailing level of production of such films.
(4) The Commissioners of Customs and Excise shall be charged with the duty of collecting the levy, and they shall pay the proceeds thereof to the Agency after deduction of such sums as are necessary to defray the cost of collection.
(5) A sum due from any person in respect of the levy may be recovered by the Commissioners of Customs and Excise as a simple contract debt in any court of competent jurisdiction.
(6) When the Board of Trade propose to make regulations under this section, they shall, before making the regulations, consult with the Cinematograph Films Council.
(7) No regulations shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by resolution of each House of Parliament.
3 Payments by Agency to makers of British films.
(1) The Board of Trade shall by regulations (made by statutory instrument) provide for the making by the Agency to, or for the benefit of, makers of British films of such payments as may be determined by or under the regulations.
(2) Regulations under this section—
(a ) shall define the classes of British films in respect of which payments may be made;
(b ) shall specify the rate of the payments or the method by which they are to be calculated and may provide for different rates of payment or different methods of calculation in relation to different classes of films;
(c ) shall contain provisions requiring the making of claims for payment and the furnishing of information required for the determination thereof or of any question arising in connection therewith;
(d ) shall prescribe the persons to whom the payments are to be made by the Agency and may contain provisions requiring persons receiving the payments to hold them for specified persons or deal with them in a specified manner;
(e ) shall provide for the making of provisional payments and the recovery of over-payments; and
(f ) may make such incidental or consequential provision as may appear to the Board of Trade to be necessary or expedient for the purposes of the regulations,
(3) When the Board of Trade propose to make regulations under this section, they shall, before making the regulations, consult with the Cinematograph Films Council.
(4) No regulations shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by resolution of each House of Parliament.
4 Power of Commissioners of Customs and Excise and their officers to obtain information.
(1) The Commissioners of Customs and Excise shall have power, for the purpose of enabling them properly to perform their functions under this Part of this Act, by notice in writing served on an exhibitor, to require him—
(a ) to furnish to such person as may be specified in the notice such returns or other information as may be so specified;
(b ) to keep such records as may be so specified;
and, for that purpose, any officer of theirs may at all reasonable hours enter any premises occupied for the purposes of his business by an exhibitor and may require him or any person employed by him in connection with his business to produce for examination by the officer such books or other documents relating to the exhibitor's business as the officer may specify.
(2) If any person on or to whom a notice or requisition is duly served or made under the foregoing subsection fails to comply with the notice or requisition, he shall, unless he proves that he had reasonable excuse for the failure, be guilty of an offence under this subsection and be liable, on summary conviction thereof, to a fine not exceeding one hundred pounds.
(3) If any person in purported compliance with the requirements of a notice under subsection (1) of this section to furnish returns or other information makes a statement, or furnishes a document, which he knows to be false in a material particular or recklessly makes a statement, or furnishes a document, which is false in a material particular he shall be guilty of an offence and shall be 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 a fine.
(4) An offence under this section may be tried by a court having jurisdiction either in the county or place in which the offence was actually committed or in any county or place in which the alleged offender resides or carries on business.
(5) For the purposes of section three hundred and one of the Customs and Excise Act, 1952 (which penalizes the delivery of false documents and the making of false statements to the Commissioners of Customs and Excise or their officers), the collection of the levy imposed by virtue of this Part of this Act shall be deemed not to be an assigned matter.
5 Restriction on disclosure of information.
(1) Returns or other information furnished in compliance with a notice served under subsection (1) of the last foregoing section and information obtained on an examination of books or other documents produced in compliance with a requisition made under that subsection shall not, without the written consent of the person carrying on the business to which the returns or other information or the books or other documents relate, be...
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