Films Act 1985

Sections 3, 5 and 6.

SCHEDULE 1 U.K. [F1 Certification of British films for purposes of [F2 audiovisual expenditure credit and] film tax relief ]

Textual Amendments

F1 Sch. 1 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 16; S.I. 2006/3399, art. 2

F2 Words in Sch. 1 heading inserted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 2(3)(a) (with Sch. 2 paras. 16(1), 17-25)

Preliminary U.K.

[F3 1 (1) In this Schedule— U.K.

• “ film ” includes 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;

• [F4 “film production company”, in relation to a film, means a company that is the production company for the film for the purposes of Part 14A of the Corporation Tax Act 2009 (see section 1179DP of that Act) or the film production company in relation to the film for the purposes of Part 15 of that Act (see section 1182 of that Act).]

(2) For the purposes of this Schedule each part of a series of films is treated as a separate film, unless—

(a) the films form a series with not more than 26 parts,

(b) the combined playing time is not more than 26 hours, and

(c) the series constitutes a self-contained work or is a series of documentaries with a common theme,

in which case the films are treated as a single film.

(3) References in this Schedule to a film include the film soundtrack.

(4) For the purposes of this Schedule a film is completed when it is first in a form in which it can reasonably be regarded as ready for copies of it to be made and distributed for presentation to the general public.]

Textual Amendments

F3 Sch. 1 para. 1 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 17; S.I. 2006/3399, art. 2

F4 Words in Sch. 1 para. 1(1) substituted (22.2.2024) by Finance Act 2024 (c. 3), Sch. 2 para. 2(3)(b) (with Sch. 2 paras. 16(1), 17-25)

[F5 Applications for certification] U.K.

Textual Amendments

F5 Words in Sch. 1 para. 2 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 18; S.I. 2006/3399, art. 2

[F6 2 (1) The film production company may apply to the Secretary of State for the certification of a film as a British film. U.K.

(2) The application may be for an interim or final certificate.

(3) An interim certificate is a certificate granted before the film is completed that the film, if completed in accordance with the proposals set out in the application, will be a British film.

(4) A final certificate is a certificate granted after the film is completed that the film is a British film.

(5) The applicant must—

(a) produce to the Secretary of State such books or other documents relating to the application, and

(b) provide the Secretary of State with such other information with respect to it,

as the Secretary of State may require for the purposes of determining the application.

(6) The Secretary of State may require information provided for the purposes of the application to be accompanied by a statutory declaration, by the person providing it, as to the truth of the information.]

Textual Amendments

F6 Sch. 1 para. 2 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 18; S.I. 2006/3399, art. 2

[F7 Certification and withdrawal of certification] U.K.

Textual Amendments

F7 Words in Sch. 1 para. 3 heading substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 19; S.I. 2006/3399, art. 2

[F8 3 (1) If the Secretary of State is satisfied that the requirements are met for interim or final certification of a film as a British film, he shall certify the film accordingly. U.K.

(2) If the Secretary of State is not satisfied that those requirements are met, he shall refuse the application.

(3) An interim certificate—

(a) may be given subject to conditions, and (unless the Secretary of State directs otherwise) is of no effect if the conditions are not met;

(b) may be expressed to expire after a specified period, and (unless the Secretary of State directs otherwise) ceases to have effect at the end of that period; and

(c) ceases to have effect when a final certificate is issued.

(4) If it appears to the Secretary of State that a film certified by him under this Schedule ought not to have been certified, he shall revoke its certification.

Unless the Secretary of State directs otherwise, a certificate that is revoked is treated as never having had effect.]

Textual Amendments

F8 Sch. 1 para. 3 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 19; S.I. 2006/3399, art. 2

British films for purposes of the Schedule U.K.

[F9 4 [F10 (1) A film is a British film for the purposes of this Schedule if it passes the relevant cultural test (see paragraph 4A, 4B or 4C).] U.K.

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Her Majesty may by Order in Council provide for films to be treated as British films for the purposes of this Schedule if they are made in accordance with the terms of any agreement between Her Majesty’s Government in the United Kingdom and any other government, international organisation or authority.

(6) This paragraph has effect subject to paragraph 5 (excluded films).

Textual Amendments

F9 Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

F10 Sch. 1 para. 4(1) substituted for Sch. 1 para. 4(1)-(3) (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 20; S.I. 2006/3399, art. 2

F11 Sch. 1 para. 4(4) omitted (31.12.2020) by virtue of The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[F12 4A (1) The cultural test for a film other than a documentary (see paragraph 4B) or an animation (see paragraph 4C) is as follows. U.K.

(2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F13 18 points] in total.

(3) Up to [F14 18 points] shall be awarded in respect of the content of the film as follows—

(a) up to 4 points depending on the percentage of the film that is set in the [F15 United Kingdom or an EEA state] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the characters depicted in the film that [F16 are qualifying persons] as follows—

(i) if there are more than three characters depicted in the film, 4 points if two or three of the three lead characters [F16 are qualifying persons] or, if only one of the three lead characters [F17 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(ii) if there are only three characters depicted in the film, 4 points if two or three of them [F16 are qualifying persons] or, if only one of them [F17 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(iii) if there are only two characters depicted in the film, 4 points if both of them [F16 are qualifying persons], 2 points if one of them is;

(iv) if there is only one character depicted in the film, 4 points if he [F17 is a qualifying person];

(c) 4 points if the film depicts a [F18 qualifying] story;

(d) up to [F19 6 points] depending on the percentage of the original dialogue that is recorded in [F20 a language recognised for official purposes in the [F21 United Kingdom or an EEA state]] as follows—

(i) [F19 6 points] for at least 75%;

(ii) [F22 4 points] for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of [F23 one or more of the following—

(a) British creativity;

(b) British heritage;

(c) diversity].

(5) [F24 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.]

(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

(a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

(e) 1 point if at least one of the actors (or, if there are more than three, of the three lead actors) is a qualifying person;

(f) 1 point if at least 50% of the cast are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

(a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

(b) it is awarded at least 2 points under sub-paragraph (3)(b) (characters), or

(c) it is awarded 4 points under sub-paragraph (3)(c) (story).

Textual Amendments

F9 Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

F12 Sch. 1 paras. 4A-4C substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 3 (with art. 2 )

F13 Words in Sch. 1 para. 4A(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(2) (with art. 2)

F14 Words in Sch. 1 para. 4A(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(a) (with art. 2)

F15 Words in Sch. 1 para. 4A(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(i) (with art. 2)

F17 Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(ii) (with art. 2)

F18 Word in Sch. 1 para. 4A(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(d) (with art. 2)

F19 Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(i) (with art. 2)

F20 Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(ii) (with art. 2)

F21 Words in Sch. 1 para. 4A(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(iii) (with art. 2)

F23 Words in Sch. 1 para. 4A(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(4) (with art. 2)

F24 Sch. 1 para. 4A(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(5) (with art. 2)

4B (1) The cultural test for a documentary is as follows. U.K.

(2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F25 18 points] in total.

(3) Up to [F26 18 points] shall be awarded in respect of the content of the film as follows—

(a) up to 4 points depending on the percentage of the film that is set in the [F27 United Kingdom or an EEA state] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the [F28 participants] F29 ... in the film that [F30 are qualifying persons] as follows—

(i) if there are more than three [F28 participants] F29 ... in the film, 4 points if two or three of the three lead [F28 participants] [F30 are qualifying persons] or, if only one of the three lead [F28 participants] [F31 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(ii) if there are only three [F28 participants] F29 ... in the film, 4 points if two or three of them [F30 are qualifying persons] or, if only one of them [F31 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(iii) if there are only two [F28 participants] F29 ... in the film, 4 points if both of them [F30 are qualifying persons], 2 points if one of them is;

(iv) if there is only one [F32 participant] F29 ... in the film, 4 points if he [F31 is a qualifying person];

(c) 4 points if the film depicts a [F33 qualifying] story;

(d) up to [F34 6 points] depending on the percentage of the original dialogue that is recorded in [F35 a language recognised for official purposes in the [F36 United Kingdom or an EEA state]] as follows—

(i) [F34 6 points] for at least 75%;

(ii) [F37 4 points] for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of [F38 one or more of the following—

(a) British creativity;

(b) British heritage;

(c) diversity].

(5) [F39 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) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

(a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

(e) 1 point if at least one of the participants (or, if there are more than three, of the three lead participants) is a qualifying person;

(f) 1 point if at least 50% of the participants are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

(a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

(b) it is awarded at least 2 points under sub-paragraph (3)(b) ([F40 participants]), or

(c) it is awarded 4 points under sub-paragraph (3)(c) (story).

Textual Amendments

F9 Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

F12 Sch. 1 paras. 4A-4C substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 3 (with art. 2 )

F25 Words in Sch. 1 para. 4B(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(2) (with art. 2)

F26 Words in Sch. 1 para. 4B(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(a) (with art. 2)

F27 Words in Sch. 1 para. 4B(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(i) (with art. 2)

F29 Word in Sch. 1 para. 4B(3)(b) omitted (29.1.2015) by virtue of The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(ii) (with art. 2)

F30 Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iii) (with art. 2)

F31 Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iv) (with art. 2)

F32 Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(v) (with art. 2)

F33 Word in Sch. 1 para. 4B(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(d) (with art. 2)

F34 Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(i) (with art. 2)

F35 Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(ii) (with art. 2)

F36 Words in Sch. 1 para. 4B(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(iii) (with art. 2)

F38 Words in Sch. 1 para. 4B(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(4) (with art. 2)

F39 Sch. 1 para. 4B(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(5) (with art. 2)

F40 Word in Sch. 1 para. 4B(7)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(6) (with art. 2)

4C (1) The cultural test for an animation is as follows. U.K.

(2) Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F41 18 points] in total.

(3) Up to [F42 18 points] shall be awarded in respect of the content of the film as follows—

(a) up to 4 points depending on the percentage of the film that is set in the [F43 United Kingdom or an EEA state] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the characters depicted in the film that [F44 are qualifying persons] as follows—

(i) if there are more than three characters depicted in the film, 4 points if two or three of the three lead characters [F44 are qualifying persons] or, if only one of the three lead characters [F45 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(ii) if there are only three characters depicted in the film, 4 points of two or three of them [F44 are qualifying persons] or, if only one of them [F45 is a qualifying person], 2 points if he is the first or second lead, 1 point if he is the third lead;

(iii) if there are only two characters depicted in the film, 4 points both of them [F44 are qualifying persons], 2 points if one of them is;

(iv) if there is only one character depicted in the film, 4 points if he [F45 is a qualifying person];

(c) 4 points if the film depicts a [F46 qualifying] story;

(d) up to [F47 6 points] depending on the percentage of the original dialogue that is recorded in [F48 a language recognised for official purposes in the [F49 United Kingdom or an EEA state]] as follows—

(i) [F47 6 points] for at least 75%;

(ii) [F50 4 points] for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(4) Up to 4 points may be awarded in respect of the contribution of the film to the promotion, development and enhancement of [F51 one or more of the following—

(a) British creativity;

(b) British heritage;

(c) diversity].

(5) [F52 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.]

(6) Up to 8 points shall be awarded in respect of the personnel involved in the making of the film as follows—

(a) 1 point if the director (or, if there is more than one, the lead director) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person;

(d) 1 point if the composer (or, if there is more than one, the lead composer) is a qualifying person;

(e) 1 point if at least one of the actors (or, if there are more than three, of the three lead actors) is a qualifying person;

(f) 1 point if at least 50% of the cast are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

(7) A film that is awarded all the points available under sub-paragraphs (3)(d) (language), (5) (where work carried out) and (6) (personnel) does not pass the cultural test unless—

(a) it is awarded at least 2 points under sub-paragraph (3)(a) (setting),

(b) it is awarded at least 2 points under sub-paragraph (3)(b) (characters), or

(c) it is awarded 4 points under sub-paragraph (3)(c) (story).]

Textual Amendments

F9 Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

F12 Sch. 1 paras. 4A-4C substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 3 (with art. 2 )

F41 Words in Sch. 1 para. 4C(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(2) (with art. 2)

F42 Words in Sch. 1 para. 4C(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(a) (with art. 2)

F43 Words in Sch. 1 para. 4C(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Sch. 1 para. 4C(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(c)(i) (with art. 2)

F45 Words in Sch. 1 para. 4C(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(c)(ii) (with art. 2)

F46 Word in Sch. 1 para. 4C(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(d) (with art. 2)

F47 Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(i) (with art. 2)

F48 Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(ii) (with art. 2)

F49 Words in Sch. 1 para. 4C(3)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F50 Words in Sch. 1 para. 4C(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(3)(e)(iii) (with art. 2)

F51 Words in Sch. 1 para. 4C(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(4) (with art. 2)

F52 Sch. 1 para. 4C(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 5(5) (with art. 2)

4D (1) In paragraphs 4A to 4C— U.K.

• “cast” means all the actors and performers but not the extras who appear in a film;

• “heads of department” has the meaning given by sub-paragraph (2);

• “participant” means a presenter, narrator, subject or other person who participates and appears in a documentary;

• “production crew” means all the persons directly involved in the production of a film who do not appear in the film;

• “qualifying person” means a citizen of, or a person ordinarily resident in, [F53 the United Kingdom or] [F54 an EEA state];

• F55 ...

• “special effects” means artificial techniques or processes, which are not visual effects, used to create an illusion in a film;

• “visual effects” means digital alterations to a film’s images.

(2) “Heads of department” means—

(a) in paragraph 4A, the lead cinematographer, the lead production designer, the lead costume designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead hair and makeup supervisor;

(b) in paragraph 4B, the lead cameraman, the lead sound recordist, the lead editor and the lead researcher;

(c) in paragraph 4C, the lead layout supervisor, the lead production designer, the lead character designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead modelling supervisor.

(3) [F56 For the purposes of paragraphs 4A to 4C—

(a) a film is set in the [F57 United Kingdom or an EEA state] if it is set in a country which is now part of the [F57 United Kingdom or an 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 [F58 United Kingdom or an EEA state].]

(4) The amount of work that is carried out in the United Kingdom or elsewhere shall be determined—

(a) for the purposes of [F59 paragraphs 4A(5)(a)(i) and (b)(i) and 4B(5)(a)(i) and (b)(i)] (principal photography), by reference to the number of days spent on the work;

[F60 (b) for the purposes of the rest of [F61 paragraphs 4A(5) and 4B(5) and paragraph] 4C(5) (other matters), by reference to the amount of expenditure on the work.]

(5) No points shall be awarded under any provision of [F62 paragraph 4A(5), 4B(5) or 4C(5) (where work carried out)] in respect of work the expenditure on which is, in the opinion of the Secretary of State, insignificant in relation to the expenditure on all the work carried out in the making of the film.]

Textual Amendments

F9 Sch. 1 paras. 4-4D substituted for Sch. 1 para. 4 (1.4.2006) by Films (Definition of British Film) Order 2006 (S.I. 2006/643) , arts. 1(1) , 4 (with art. 2 )

F53 Words in Sch. 1 para. 4D(1) inserted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F54 Words in Sch. 1 para. 4D(1) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(2)(a) (with art. 2)

F55 Definition in Sch. 1 para. 4D(1) omitted (29.1.2015) by virtue of The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(2)(b) (with art. 2)

F56 Sch. 1 para. 4D(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(3) (with art. 2)

F57 Words in Sch. 1 para. 4D(3)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Sch. 1 para. 4D(3)(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105), regs. 1, 2(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F59 Words in Sch. 1 para. 4D(4)(a) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(4)(a) (with art. 2)

F60 Sch. 1 para. 4D(4)(b) substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 4(3) (with art. 2 )

F61 Words in Sch. 1 para. 4D(4)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 6(4)(b) (with art. 2)

F62 Words in Sch. 1 para. 4D(5) substituted (1.1.2007) by Films (Definition of British Film) (No.2) Order 2006 (S.I. 2006/3430) , arts. 1(1)(a) , 4(4) (with art. 2 )

[F60 Excluded films U.K.

[F63 5 [F64 (1) A film must not be certified as a British film for the purposes of this Schedule if parts of the film whose playing time exceeds 10% of the total playing time of the film are derived from a previous film, unless— U.K.

(a) the two films have the same film production company or producer, and

(b) the previous film has not been certified under this Schedule.]

(2) The Secretary of State may direct that sub-paragraph (1) shall not apply in relation to a film if in his opinion–

(a) it is a documentary; and

(b) its subject matter makes it appropriate for sub-paragraph (1) not to be applied.]

[F65 (3) For the purposes of this paragraph—

(a) the film soundtrack shall be left out of account;

(b) “ producer ” means the person by whom the arrangements necessary for the making of the film are undertaken;

(c) in relation to certification before the commencement of Chapter 3 of Part 3 of the Finance Act 2006, references to certification of a film shall be read as references to certification of the master negative, tape or disc of the film.]

Textual Amendments

F63 Sch. 1 para. 5 substituted (27.8.1999) by S.I. 1999/2386, arts. 2, 7, Appendix Sch. 1

F64 Sch. 1 para. 5(1) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 21(2); S.I. 2006/3399, art. 2

F65 Sch. 1 para. 5(3) inserted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 21(3); S.I. 2006/3399, art. 2

Ascertainment of labour costs and playing time U.K.

F66 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 1 para. 6 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

Determination of requisite amount of labour costs U.K.

F67 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Sch. 1 para. 7 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

Power of Secretary of State to direct alteration of labour costs U.K.

F68 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 1 para. 8 omitted (1.4.2006) by virtue of Films (Definition of British Film) Order 2006 (S.I. 2006/643), arts. 1(1), 5 (with art. 2)

Determination of disputes U.K.

9 (1) Any person who is aggrieved by [F69 any decision of the Secretary of State under paragraph 3 may], subject to rules of court, apply to the High Court, and the decision of that Court shall be final. U.K.

(2) In relation to any person whose principal place of business is in Scotland, sub-paragraph (1) shall have effect as if for any reference to the High Court there were substituted a reference to the Court of Session.

Textual Amendments

F69 Words in Sch. 1 para. 9 substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 22; S.I. 2006/3399, art. 2

Regulations and orders U.K.

10 (1) The Secretary of State may make regulations— U.K.

(a) prescribing the form of applications under paragraph 2;

(b) prescribing the particulars and evidence necessary for satisfying the Secretary of State that a film is a British film for the purposes of this Schedule;

(c) providing that any statutory declaration which is required by paragraph[F70 2(6)] to be made by any person shall be deemed to be properly made if it is made on his behalf by any such person as may be specified in the regulations.

(2) The Secretary of State with the approval of the Treasury may by order make such modifications of any of the provisions of paragraphs 1 and [F71 4 to 5 ] as he considers appropriate; and any such order may contain such incidental, supplemental and transitional provisions as he considers appropriate in connection with the order.

(3) In sub-paragraph (2) “modifications” includes additions, omissions and alterations.

(4) Any regulations or order under this paragraph shall be made by statutory instrument.

(5) Any regulations under this paragraph shall be laid before Parliament after being made; but no order shall be made under this paragraph unless it has been laid before Parliament and approved by a resolution of each House.]

Textual Amendments

F70 Reference in Sch. 1 para. 10(1)(c) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 23(a); S.I. 2006/3399, art. 2

F71 Words in Sch. 1 para. 10(2) substituted (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 23(b); S.I. 2006/3399, art. 2