Films Act 1960
| Jurisdiction | UK Non-devolved |
| Citation | 1960 c. 57 |
| Year | 1960 |
Films Act , 1960
(8 & 9 Eliz. 2) CHAPTER 57
An Act to consolidate the Cinematograph Films Acts, 1938 to 1960.
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
British FilmsProvisions for securing the showing of
1 Obligation of exhibitors to show British films.
(1) British films shall be included, to the extent required by the following provisions of this section but subject to the following provisions of this Part of this Act, among the registered films exhibited by an exhibitor while this section is in force.
(2) On at least the prescribed percentage of the number of days in any year on which films registered as long films are exhibited by an exhibitor at any cinema the film exhibited by him at that cinema as the first feature film shall be a film registered as a quota film.
(3) To the extent at least of the prescribed percentage of their total showing time the films exhibited by an exhibitor at a cinema in any year which are either—
(a ) films registered as short films; or
(b ) films registered as long films but exhibited by him at that cinema otherwise than as first feature films;
shall be films registered as quota films.
(4) If an 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, after consulting the Cinematograph Films Council, certify that his failure was due to circumstances beyond his control, or he proves that fact to the satisfaction of the court.
(5) For the purposes of this section, an exhibitor's failure to comply with any requirement of this section shall be deemed to have been due to circumstances beyond his control if, owing to the character of the films available or to the excessive cost of such films, it was not commercially practicable to comply with that requirement.
(6) This section shall continue in force until the end of the year nineteen hundred and sixty-seven and shall then expire.
2 Disregard of certain films for quota purposes.
(1) For the purposes of section one of this Act, there shall be left out of account any film registered as a British film which is not registered as a quota film.
(2) For the purposes of section one of this Act, a film which was first registered as a British film more than forty-eight months before the beginning of any year shall be left out of account in relation to that year unless, upon an application made not later than the end of that year by a renter having the right to distribute the film, the Board of Trade otherwise direct.
(3) Before giving a direction under this section the Board of Trade shall consult the Cinematograph Films Council.
3 Meaning of exhibition as first feature film, and computation of total showing time.
(1) A film shall be deemed for the purposes of this Act to be exhibited as the first feature film at a cinema on any day—
(a ) if it is the only long film exhibited at that cinema during the normal hours in the ordinary programme on that day; or
(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.
(2) For the purposes of subsection (1) of this section, the total rental payable by an exhibitor in respect of the exhibition of a film at any cinema 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 the film.
(3) In computing for the purposes of subsection (3) of section one of this Act the total showing time of the films of any class exhibited at any cinema in any year the registered playing time of each film of that class shall be multiplied by the number of occasions on which it is so exhibited (otherwise than as the first feature film) during the normal hours in the ordinary programme.
(4) A film registered as a British film shall not be deemed for the purposes of this Act to be exhibited at any cinema during the normal hours in the ordinary programme on any day unless the whole of that film is exhibited there on that day at least once between the hours of five and ten p.m. or such other hours as the Board of Trade may on the application of the exhibitor direct.
4 Exemptions and reliefs.
(1) Where films are exhibited at a cinema in any locality (in this subsection referred to as the local cinema) and the Board of Trade are satisfied—
(a ) that films are exhibited, in competition with the local cinema, at not less than two other cinemas in the same locality; or
(b ) that films are exhibited, in competition with the local cinema, at another cinema in the same locality and that films are not normally exhibited at the local cinema for a continuous period of more than three days, not counting Sundays; and
(c ) in either case, that owing to circumstances beyond the control of the exhibitor who exhibits films at the local cinema films registered as British films are exhibited at those other cinemas or that other cinema on dates earlier than the dates on which he is able to exhibit the same films at the local cinema,
the Board may, if they think fit, direct that in relation to the exhibition of films at the local cinema 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 year or years as may be specified in the direction, to such percentage as may be so specified.
(2) Before giving a direction under subsection (1) of this section, the Board shall consult the Cinematograph Films Council.
(3) Where the Board of Trade are satisfied that the average net box office receipts of a cinema during the period of twelve months ending six months before the beginning of any year did not exceed one hundred and twenty-five pounds per week the Board shall direct that the foregoing provisions of this Act shall not apply to the exhibition of films at that cinema during that year.
(4) The Board of Trade, after consulting the Cinematograph Films Council, may by order made by statutory instrument direct that subsection (3) of this section shall have effect as if such other amount as may be specified in the order were substituted therein for one hundred and twenty-five pounds; but a statutory instrument containing such an order shall have no effect unless approved by a resolution of each House of Parliament.
(5) The reference in subsection (3) of this section to the net box office receipts of a cinema shall be construed as a reference to the receipts from the sale of seats at all performances at which registered films are exhibited, after deduction of so much of the levy imposed under section two of the Cinematograph Films Act, 1957, as is attributable to those receipts.
(6) An order under this section may be varied or revoked by a subsequent order made thereunder.
5 Exhibition under licence extending to more than one cinema.
5. For the purposes of the foregoing provisions of this Act (including subsection (3) of section four) all registered films exhibited under the authority of a licence extending to the exhibition of films at more than one cinema shall be deemed to be exhibited at one cinema at which no other registered films are exhibited.
6 Fulfilment of quota in extended period.
(1) Where a film registered as a foreign film is to be exhibited at a cinema, and before it is exhibited there an application for a direction under this section is made to the Board of Trade by the exhibitor who exhibits films at that cinema, the Board may, if they think fit, direct that, if the film is exhibited at that cinema and the period during which it is so exhibited is or includes such a continuous period exceeding eight weeks as is specified in the direction, the requirements imposed by section one of this Act shall be deemed to be complied with in relation to that cinema in the relevant year, if they are so complied with in that year and the succeeding year taken together.
(2) The relevant year for the purposes of this section is the year in which the film is exhibited as aforesaid or, if it is so exhibited in more than one year, that one of them which the exhibitor elects.
(3) Before giving a direction under this section the Board of Trade shall consult the Cinematograph Films Council.
7 Determination of quotas of British films.
(1) The prescribed percentages for the purposes of subsection (2) and subsection (3) of section one of this Act shall, unless varied by an order under this section, be those prescribed for the purposes respectively of subsection (2) and subsection (3) of section one of the Cinematograph Films Act, 1948.
(2) The Board of Trade may from time to time by order made by statutory instrument vary either or both of those percentages in respect of years beginning not earlier than six months after the date on which the order is made.
(3) Before making an order under this section the Board shall consult the Cinematograph Films Council.
(4) A...
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