The Films (Definition of “British Film”) Order 2015

Citation and commencement

1.  This Order may be cited as the Films (Definition of “British Film”) Order 2015 and shall come into force on the day after the day on which it is made.

Application

2.—(1) The amendments made by this Order have effect in relation to any film other than an excepted film.

(2) A film is an excepted film if—

(a) the amendments made to Schedule 1 to the Films Act 1985 by the Films (Definition of “British Film”) (No 2) Order 2006(1) do not apply in relation to it,

(b) an application for certification of the film was made before the commencement day, or

(c) the film production company has made an election in relation to the film under paragraph (3).

(3) A film production company may make an election under this paragraph in relation to a film if—

(a) the first day of shooting (in relation to a documentary or animation) or principal photography (in the case of a film other than a documentary or animation) was before the commencement day, and

(b) no application for certification of the film was made before the commencement day.

(4) In this article—

“application for certification” means an application for an interim or final certificate under paragraph 2 of Schedule 1 to the Films Act 1985, and

“commencement day” means the day on which this Order comes into force.

The cultural test for films other than documentaries and animations

3.—(1) Paragraph 4A of Schedule 1 to the Films Act 1985(2) is amended as follows.

(2) In sub-paragraph (2), for “16 points” substitute “18 points”.

(3) In sub-paragraph (3)—

(a) for “16 points” substitute “18 points”;

(b) in paragraph (a) after “United Kingdom” insert “or another EEA state”;

(c) in paragraph (b)—

(i) for “are British” substitute “are qualifying persons” (in each place);

(ii) for “is British” substitute “is a qualifying person” (in each place);

(d) in paragraph (c) for “British” substitute “qualifying”;

(e) in paragraph (d)—

(i) for “4 points” substitute “6 points” (in both places);

(ii) for “the English language or in a recognised regional or minority language” substitute “a language recognised for official purposes in the United Kingdom or another EEA state”; and

(iii) for “3 points” substitute “4 points”.

(4) In sub-paragraph (4), for “British culture” substitute one or more of the following—

“(a) British creativity;

(b) British heritage;

(c) diversity”.

(5) For sub-paragraph (5), substitute—

“(5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraphs (b) or (c) below, in which case nil)—

(i) principal photography;

(ii) visual effects;

(iii) special effects;

(b) 2 points if at least 50% of the work carried out on either of the following is carried out in the United Kingdom—

(i) principal photography;

(ii) special effects;

(c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

(d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score created for the film;

(ii) audio post production;

(iii) picture post production.”.

The cultural test for documentary films

4.—(1) Paragraph 4B of Schedule 1 to the Films Act 1985(3) is amended as follows.

(2) In sub-paragraph (2), for “16 points” substitute “18 points”.

(3) In sub-paragraph (3)—

(a) for “16 points” substitute “18 points”;

(b) in paragraph (a) after “United Kingdom” insert “or another EEA state”;

(c) in paragraph (b)—

(i) for “characters” substitute “participants” (in each place);

(ii) omit “depicted” (in each place);

(iii) for “are British” substitute “are qualifying persons” (in each place);

(iv) for “is British” substitute “is a qualifying person” (in each place);

(v) for “character” substitute “participant”;

(d) in paragraph (c) for “British” substitute “qualifying”;

(e) in paragraph (d)—

(i) for “4 points” substitute “6 points” in both places;

(ii) for “the English language or in a recognised regional or minority language” substitute “a language recognised for official purposes in the United Kingdom or another EEA state”; and

(iii) for “3 points” substitute “4 points”.

(4) In sub-paragraph (4), for “British culture” substitute “one or more of the following—

“(a) British creativity;

(b) British heritage;

(c) diversity”.

(5) For sub-paragraph (5), substitute—

“(5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraph (b) or (c) below, in which case nil)—

(i) principal photography;

(ii) visual effects;

(iii) research and development;

(iv) special effects;

(b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) principal photography;

(ii) research and development;

(iii) special effects;

(c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

(d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score created for the film;

(ii) audio post production;

(iii) picture post production.”.

(6) In sub-paragraph (7)(b), for “characters” substitute “participants”.

The cultural test for animation films

5.—(1) Paragraph 4C of Schedule 1 to the Films Act 1985(4) is amended as follows.

(2) In sub-paragraph (2), for “16 points” substitute “18 points”.

(3) In sub-paragraph (3)—

(a) for “16 points” substitute “18 points”;

(b) in paragraph (a) after “United Kingdom” insert “or another EEA state”;

(c) in paragraph (b)–

(i) for “are British” substitute “are qualifying persons” (in each place);

(ii) for “is British” substitute “is a qualifying person” (in each place);

(d) in paragraph (c) for “British” substitute “qualifying”;

(e) in paragraph (d)—

(i) for “4 points” substitute “6 points” in both places;

(ii) for “the English language or in a recognised regional or minority language” substitute “a language recognised for official purposes in the United Kingdom or another EEA state”; and

(iii) for “3 points” substitute “4 points”.

(4) In sub-paragraph (4), for “British culture” substitute “one or more of the following—

“(a) British creativity;

(b) British heritage;

(c) diversity”.

(5) For sub-paragraph (5) substitute—

“(5) Up to 5 points shall be awarded in respect of work carried out in the making of the film as follows—

(a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under paragraph (b) or (c) below, in which case nil)—

(i) shooting;

(ii) visual design;

(iii) layout and storyboarding;

(iv) visual effects;

(v) special effects;

(b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) shooting;

(ii) visual design;

(iii) layout and storyboarding;

(iv) special effects;

(c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

(d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score created for the film;

(ii) voice recording;

(iii) audio post production;

(iv) picture post production.”.

Amendments to paragraph 4D of Schedule 1

6.—(1) Paragraph 4D of Schedule 1 to the Films Act 1985(5) is amended as follows.

(2) In sub-paragraph (1)—

(a) in the definition of “qualifying person”, for “a member State” substitute “an EEA state”; and

(b) omit the definition of “recognised regional or minority language”.

(3) For sub-paragraph (3) substitute—

“(3) For the purposes of paragraphs 4A to 4C—

(a) a film is set in the United Kingdom or another EEA state if it is set in a country which is now part of the United Kingdom or another EEA state; and

(b) a film depicts a qualifying story if the subject matter of the film or the underlying material on which the film is based is from the United Kingdom or another EEA state.”

(4) In sub-paragraph (4)—

(a) in paragraph (a), for “paragraph 4A(5)(a)(i)” substitute “paragraphs 4A(5)(a)(i) and (b)(i) and 4B(5)(a)(i) and (b)(i)”; and

(b) in paragraph (b), for “paragraph 4A(5) and paragraphs 4B(5) and” substitute “paragraphs 4A(5) and 4B(5) and paragraph”.

Ed Vaizey

Minister of State, Department for Culture, Media and Sport

Department for Business, Innovation and Skills

27th January 2015

We approve,

Gavin Barwell

Harriett Baldwin

Two of the Lords Commissioners of Her Majesty’s Treasury

28th January 2015