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The Cinemas (Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Other non-commercial exhibitions

8.—(1) Subject to paragraphs (4) and (5), this Article applies to any film exhibition (other than one to which Article 7 applies) which—

(a)is one to which the public are not admitted or are admitted without payment, or

(b)does not fall within sub-paragraph (a) but is given by an exempted organisation, and (in either case) satisfies the condition mentioned in paragraph (2).

(2) The condition referred to in paragraph (1) is that either—

(a)the exhibition is not promoted for private gain, or

(b)the sole or main purpose of the exhibition is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction.

(3) The following exempti ons have effect in relation to any film exhibition to which this Article applies, that is to say—

(a)a licence under Article 3 shall not be required by reason only of the giving of the exhibition unless the pictures are produced by means specified in regulations under Article 6 as means involving such risk that it is inexpedient that this sub-paragraph should have effect;

(b)where the exhibition is given in premises in respect of which a licence under Article 3 is in force, no condition or restriction on or subject to which the licence was granted shall apply to the exhibition except so far as it relates to the matters specified in Article 6(2)(a);

(c)a consent under Article 4 shall not be required by reason only of the giving of the exhibition;

(d)where the exhibition is given in premises in respect of which a consent under Article 4 is in force, no condition or restriction on or subject to which the consent was g ranted shall apply to the exhibition;

(e)regulations under Article 6 making such provision as is mentioned in paragraph (2)(b) of that Article shall not apply to the exhibition and regulations under that Article making such provision as is mentioned in paragraph (2)(a) of that Article shall not apply to the exhibition unless it is given in premises in respect of which a licence under Article 3 is in force.

(4) A film exhibition is excluded from being one to which this Article applies if it is organised solely or mainly as an exhibition for children who are members of a club, society or association the principal object of which is attendance at film exhibitions, unless the exhibition is given in a private dwelling-house or as part of the activities of an educational or religious institution.

(5) A film exhibition is excluded from being one to which this Article applies by virtue of sub-paragraph (b) of paragraph (1) if on more than three out of the last preceding seven days the premises in question were used for the giving of a film exhibition to which this Article applied by virtue of that sub-paragraph.

(6) In this Article “exempted organisation” means a society, institution, committee or other organisation with respect to which there is in force at the time of the exhibition in question a certificate given by the Department certifying that the Department is satisfied that the organisation is not conducted or established for profit; and there shall be paid to the Department in respect of the giving of such a certificate such reasonable fee as it may determine.

(7) The Department shall not give such a certificate with respect to any organisation—

(a)the activities of which appear to the Department to consist of or include the giving of film exhibitions promoted for private gain, or

(b)the objects of which do not appear to the Department to consist of or include the giving of film exhibitions to which the public are admitted;

and the Department may revoke such a certificate at any time if it appears to the Department that, since the certificate was given, the activities of the organisation have consisted of or included the giving of film exhibitions promoted for private gain.

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