Films Act 1985

7 Repeals, etc.

(1) The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.

(2) Section 13 of the [1956 c. 74.] Copyright Act 1956 (copyright in cinematograph films) shall be amended as follows—

(a) in subsection (3)—

(i) for paragraph (a) there shall be substituted—

“(a) in the case of any film which was registered under a former enactment relating to the registration of films, shall continue until the end of the period of fifty years from the end of the calendar year in which it was so registered ;”;

(ii) in paragraph (b), for " a film which is not so registrable " there shall be substituted " any other film " ;

(iii) at the end of the subsection there shall be inserted—

“In this subsection " former enactment relating to the registration of films " means Part II of the [1960 c. 57.] Films Act 1960 or Part III of the [1938 c. 17.] Cinematograph Films Act 1938.”; and

(iv) the proviso shall be omitted ;

(b) in subsection (8), for the words from " any such film " to " newsreels) ", there shall be substituted " any film consisting wholly or mainly of photographs which, at the time when they were taken, were means of communicating news, " ; and

(c) subsection (11) shall be omitted.

(3) Notwithstanding the repeal by this Act of the [1960 c. 57.] Films Act 1960 the register kept under Part II of that Act shall continue to be kept by the Secretary of State in connection with the determination, for the purposes of any statutory provision, of questions relating to the registration of films under Part II of the Films Act 1960 or Part III of the [1938 c. 17.] Cinematograph Films Act 1938.

(4) Where any film would, but for the repeal by this Act of the Films Act 1960 and the [1970 c. 26.] Films Act 1970, be—

(a) a British film for the purposes of the [1981 c. 16.] Film Levy Finance Act 1981 by virtue of section 9(2) of that Act (interpretation) ; or

(b) an eligible film for the purposes of regulations made under section 6 of that Act,

that film shall be a British film, or (as the case may be) an eligible film, for those purposes notwithstanding the repeal of the said Acts of 1960 and 1970.

(5) In subsection (7) (b) of section 72 of the [1982 c. 39.] Finance Act 1982, as amended by section 6 of this Act, the reference to a film, tape or disc which is certified by the Secretary of State under Schedule 1 to this Act as a qualifying film, tape or disc for the purposes of section 72 shall include a reference to a film, tape or disc which was certified by the Secretary of State as aforesaid in pursuance of subsection (7) (b) as originally enacted.

(6) Where—

(a) a contract for the production or acquisition of a master negative, master tape or master disc of a film has been entered into before the commencement of section 6 of this Act; and

(b) any person, having incurred expenditure in pursuance of the contract (before or after that commencement) on the production or acquisition of the negative, tape or disc, makes an application under paragraph 2 of Schedule 1 to this Act with respect to it,

that person may by notice in writing require that the question whether the negative, tape or disc ought to be certified as a qualifying film, tape or disc for the purposes of section 72 of the Finance Act 1982 shall be determined by the Secretary of State in accordance with the law in force immediately before the commencement of section 6 in like manner as if his application had been a request for certification made under section 72(8).

Any expression used in this subsection has the same meaning as it has in paragraph 2(1) of Schedule 1 to this Act.

(7) The Secretary of State may by order made by statutory instrument provide for such further transitional and saving provisions to have effect in connection with the coming into operation of any provision of this Act as appear to him to be necessary or expedient.