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The Cultural Test (Television Programmes) Regulations 2013

Consolidated Text Cited authorities 9 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2013/1831
Year2013
(1) These Regulations may be cited as the Cultural Test (Television Programmes) Regulations 2013.(2) These Regulations come into force on 13th August 2013.(1) In these Regulations—
  • “the Act” means the Corporation Tax Act 2009;
  • “cast” means the actors and performers in a drama or animation, but not any extras;
  • “heads of department” has the meaning given by paragraph (2) ;
  • “participant” means a presenter, narrator, subject, or any other person who both participates and appears in a documentary F16or a children’s programme;
  • “production crew” means all the persons directly involved in the production of a programme who do not appear in the programme;
  • “programme” means a drama , a documentaryF17, an animation or a children’s programme which is a relevant programme ;
  • “qualifying person” means a national of, or a person ordinarily resident in, F39the United Kingdom or an EEA state;
  • “recognised regional or minority language” means Welsh, Scottish-Gaelic, Irish, Scots, Ulster Scots, Cornish or British Sign Language;
  • “special effects” means artificial techniques or processes, which are not visual effects, used to create an illusion in a programme; and
  • “visual effects” means digital alterations to a programme's images.
in relation to a drama, lead cinematographer, lead production designer, lead costume designer, lead editor, lead sound designer, lead visual effects supervisor and lead hair and makeup supervisor;in relation to a documentary, lead camera operator, lead sound recordist, lead editor and lead researcher;in relation to an animation, lead layout supervisor, lead production designer, lead character designer, lead editor, lead sound designer, lead visual effects supervisor and lead modelling supervisorF18; andin relation to a children’s programme, lead cinematographer, lead production designer, lead costume designer, lead editor, lead sound designer, lead visual effects supervisor, lead hair and makeup supervisor and lead researcher.(1) A drama or documentary will be certified by the Secretary of State as a British programme under section 1216CB(1) of the Act only if it passes the following cultural test.subject to paragraph (3) , it is awarded at least F1918 points in total under paragraphs (4) to (7) ; orit is a qualifying co-production at least 2 points under paragraph (4) (a) (setting) ;at least 2 points under paragraph (4) (b) (characters) ; or4 points under paragraph (4) (c) (story) .4 points for at least 75%;3 points for at least 66%;2 points for at least 50%;1 point for at least 25%;if two or three of the three lead characters are from the F42United Kingdom or an EEA state, 4 points;if only one of the three lead characters is from the F43United Kingdom or an EEA state, 2 points if that character is the first or second lead, or 1 point if that character is the third lead;if two or three of the characters are from the F44United Kingdom or an EEA state, 4 points;if only one of the characters is from the F45United Kingdom or an EEA state, 2 points if that character is the first or second lead, or 1 point if that character is the third lead;if both of the characters are from the F46United Kingdom or an EEA state, 4 points;if one of the characters is from the F47United Kingdom or an EEA state, 2 points;if there is only one character depicted in the drama or documentary, 4 points if that character is from the F48United Kingdom or an EEA state;4 points if the drama or documentary depicts a British story or a story which relates to F49an EEA state;F216 points for at least 75%;F234 points for at least 66%;2 points for at least 50%;1 point for at least 25%.British creativity;British heritage; ordiversity.principal photography;visual effects;special effects;shooting;visual effects;research and development;special effects;principal photography;special effects;shooting;research and development;special effects;2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;performing and recording the music score created for the drama or documentary;audio post production;picture post production.1 point if a director (or, if there are more than three, one of the three lead directors) is a qualifying person;1 point if at least one of the scriptwriters (or, if there are more than three, one of the three lead scriptwriters) is a qualifying person;1 point if at least one of the producers (or, if there are more than three, one of the three lead producers) is a qualifying person;1 point if a composer (or, if there are more than three, one of the three lead composers) is a qualifying person;1 point if at least one of the actors or participants (as the case may be) (or, if there are more than three, one of the three lead actors or participants) is a qualifying person;1 point if at least 50% of the cast or participants (as the case may be) are qualifying persons;

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