Film Levy Finance Act 1981

Functions of Agency in relation to proceeds of levy

4 Payments by Agency out of levy to National Film Finance Corporation

(1) For the purpose of enabling the National Film Finance Corporation to perform their functions, it shall be the duty of the Agency to pay to the Corporation, in respect of each levy period falling wholly or in part before 19th July 1985—

(a) the appropriate sum, or

(b) 20 per cent, of the amount received by the Agency in respect of that period (or, as the case may be, the part of that period so falling) as proceeds of the levy,

whichever is the greater.

(2) In paragraph (a) of subsection (1) " the appropriate sum " means the sum of £1.5 million or, where part only of the levy period in question falls before the date mentioned in that subsection, the proportion of that sum which corresponds to the proportion of the levy period so falling.

(3) Sums on account of the amount due from the Agency to the Corporation under subsection (1) in respect of any levy period may be paid from time to time during and after that period in accordance with arrangements agreed between the Secretary of State and the Agency, notwithstanding that the amount so due has not yet been finally ascertained.

(4) It shall be the duty of the Agency to make any payments in respect of any amount due to the Corporation under subsection (1) in preference to any other payments which they are authorised or required to make in accordance with section 5.

(5) References in this section to a levy period are references to any period in respect of which a levy is imposed in accordance with regulations made under section 2.

5 Other payments by Agency out of levy

(1) Subject to section 4(4), the objects of the Agency shall be to make, out of the levy—

(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 6 ;

(b) with the approval of the Secretary of State, payments to the Children's Film Foundation Limited ;

(c) with the approval of the Secretary of State, payments to the British Film Institute towards the cost of making films; and

(d) with the approval of the Secretary of State; payments to not more than one relevant body for the time being approved for the purposes of this paragraph by the Secretary of State.

(2) In paragraph (d) of subsection (1) " relevant body " means a body incorporated on or after 29th May 1970 and having among its objects the carrying on of a school in Great Britain for the training of persons employed or to be employed in the making of films.

(3) Before giving his approval to a payment under paragraph (b), (c) or (d) of subsection (1), the Secretary of State shall consult the Cinematograph Films Council.

6 Payments by Agency to makers of British films

(1) The Secretary of State shall provide by regulations for the making by the Agency of such payments to, or for the benefit of, makers of British films 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 of such claims 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 Secretary of State to be necessary or expedient for the purposes of the regulations.

(3) When the Secretary of State proposes to make regulations under this section, he shall, before making the regulations, consult the Cinematograph Films Council.

(4) Regulations under this section shall be made by statutory instrument; but no such regulations shall be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.