The Cultural Test (Television Programmes) Regulations 2013

Cultural test: animation U.K.

4.—(1) An animation will be certified by the Secretary of State as a British programme under section 1216CB(1) of the Act only if it passes the following cultural test.

(2) An animation passes the cultural test if it meets either of the following conditions—

(a) subject to paragraph (3), it is awarded at least 16 points in total under paragraphs (4) to (7); or

(b) it is a qualifying co-production M1 made in accordance with an international agreement specified in Schedule 1.

(3) An animation that is awarded all the points available under paragraphs (4)(d) (language), (6) (where work carried out) and (7) (personnel) will not pass the cultural test unless it is awarded—

(a) at least 2 points under paragraph (4)(a) (setting);

(b) at least 2 points under paragraph (4)(b) (characters); or

(c) 4 points under paragraph (4)(c) (story).

(4) Up to 16 points will be awarded in respect of the content of the animation as follows—

(a) up to 4 points depending on the percentage of the animation that is set in the [F1 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 animation that are from the [F2 United Kingdom or an EEA state] as follows—

(i) if there are more than three characters depicted in the animation—

(aa) if two or three of the three lead characters are from the [F3 United Kingdom or an EEA state], 4 points;

(bb) if only one of the three lead characters is from the [F4 United Kingdom or an EEA state], 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(ii) if there are only three characters depicted in the animation—

(aa) if two or three of the characters are from the [F5 United Kingdom or an EEA state], 4 points;

(bb) if only one of the characters is from the [F6 United Kingdom or an EEA state], 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(iii) if there are only two characters depicted in the animation—

(aa) if both of the characters are from the [F7 United Kingdom or an EEA state], 4 points;

(bb) if one of the characters is from the [F8 United Kingdom or an EEA state], 2 points;

(iv) if there is only one character depicted in the animation, 4 points if that character is from the [F9 United Kingdom or an EEA state];

(c) 4 points if the animation depicts a British story or a story which relates to [F10 an EEA state];

(d) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or a recognised regional or minority language 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%.

(5) Up to 4 points will be awarded in respect of the contribution of the animation to the promotion, development and enhancement of British culture.

(6) Up to 3 points will be awarded in respect of work carried out in the making of the animation as follows—

(a) 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) visual effects;

(v) special effects;

(b) 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 animation;

(ii) voice recording;

(iii) audio post production;

(iv) picture post production.

(7) Up to 8 points will be awarded in respect of the personnel involved in the making of the animation as follows—

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

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

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

(e) 1 point if at least one of the actors (or, if there are more than three, one 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.

(8) An animation which is set in, or in which any character is from, an undetermined location is eligible to be awarded points under paragraphs (4)(a)(ii)-(iv) (setting) and (4)(b) (characters) as if that location were in the [F11 United Kingdom or an EEA state], provided it complies with the following condition.

(9) The condition is that that animation is awarded at least one point under any of—

(a) paragraph (4)(c) (story);

(b) paragraph (4)(d) (language); or

(c) paragraph (5) (culture).

Textual Amendments

F1 Words in reg. 4(4)(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, 3(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 4(4)(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, 3(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 4(4)(b)(i)(aa) 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, 3(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 4(4)(b)(i)(bb) 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, 3(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 4(4)(b)(ii)(aa) 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, 3(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 4(4)(b)(ii)(bb) 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, 3(4)(f); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 4(4)(b)(iii)(aa) 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, 3(4)(g); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 4(4)(b)(iii)(bb) 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, 3(4)(h); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 4(4)(b)(iv) 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, 3(4)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 4(4)(c) 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, 3(4)(j); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 4(8) 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, 3(4)(k); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 “Qualifying co-production” is defined in section 1216AI(a) of the Act.