OpenLegislation

Paragraph 4C 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 an animation 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 characters depicted in the film that F6are 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 are qualifying persons or, if only one of the three lead characters F7is 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 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 characters depicted in the film, 4 points both of them 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 is a qualifying person;

(c)

4 points if the film depicts a F8qualifying story;

(d)

up to F96 points depending on the percentage of the original dialogue that is recorded in F10a language recognised for official purposes in the F11United Kingdom or an EEA state as follows—

(i)

6 points for at least 75%;

(ii)

F124 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 F13one or more of the following—

(a)

British creativity;

(b)

British heritage;

(c)

diversity.

(5)

F14Up 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).

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. 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)

F4

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)

F5

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)

F6

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)

F7

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)

F8

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)

F9

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)

F10

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)

F11

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)

F12

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)

F13

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)

F14

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)

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)