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article 4(1)
1. Subject to paragraph 3, the activities of the film industry are the activities specified in paragraph 2 in so far as they are carried out in England and Wales.
2. The activities are—
(a)all activities in the development, pre-production, principal photography or post-production of a film intended for theatrical release;
(b)any activities being incidental or ancillary to the activities specified in paragraph (a) carried out by, or on behalf of, the employer engaged in those activities.
3. The activities specified in paragraph 2 do not include any of the activities specified—
(a)as activities of the construction industry in Schedule 1 to the Industrial Training (Construction Board) Order 1964(1);
(b)as activities of the engineering construction industry in Schedule 1 to the Industrial Training (Engineering Board) Order 1964(2).
4.—(1) In this Schedule—
“development” means progressing a proposal for a film to the point at which a decision can be taken as to whether to proceed to pre-production of that film;
“film” means any record, however made, of a sequence of visual images that is capable of being used as a means of showing that sequence as a moving picture;
“pre-production” means preparation for principal photography;
“principal photography” means the shooting of a film and recording of its soundtrack;
“post-production” means ensuring, after principal photography, that the film and its soundtrack are ready for theatrical release;
“theatrical release” means exhibition to the paying public at the commercial cinema.
(2) For purposes of this Schedule a film is intended for theatrical release—
(a)if it is intended at the time when pre-production of that film begins that it will be given a theatrical release; and
(b)even if it is not given such a release.
(3) References in this Schedule to shooting include the generation of images in a film by computer.
S.I. 1964/1079, as amended by S.I. 1988/1100 and S.I. 1992/3048.
S.I. 1964/1086, as amended by S.I. 1980/1273, S.I. 1988/1100, S.I. 1990/526 and S.I. 1991/1305.
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