OpenLegislation

Paragraph 4B F1F2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The cultural test for a documentary is as follows.

(2)

Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least F318 points in total.

(3)

Up to F418 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 F5United 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 F6participants F7... in the film that F8are qualifying persons as follows—

(i)

if there are more than three participants ... in the film, 4 points if two or three of the three lead participants are qualifying persons or, if only one of the three lead participants F9is 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 participants ... in the film, 4 points if two or three of them are qualifying persons or, if only one of them 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 participants ... in the film, 4 points if both of them are qualifying persons, 2 points if one of them is;

(iv)

if there is only one F10participant ... in the film, 4 points if he is a qualifying person;

(c)

4 points if the film depicts a F11qualifying story;

(d)

up to F126 points depending on the percentage of the original dialogue that is recorded in F13a language recognised for official purposes in the F14United Kingdom or an EEA state as follows—

(i)

6 points for at least 75%;

(ii)

F154 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 F16one or more of the following—

(a)

British creativity;

(b)

British heritage;

(c)

diversity.

(5)

F17Up 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) (F18participants), or

(c)

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

Annotations

Textual amendments

F1

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 )

F2

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 )

F3

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)

F4

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)

F5

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)

F6

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)

F7

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)

F8

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)

F9

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)

F10

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)

F11

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)

F12

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)

F13

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)

F14

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)

F15

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)

F16

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)

F17

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)

F18

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)

Notes on Schedule 1

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)