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Paragraph 4D F1

United Kingdom

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

(1)

In paragraphs 4A to 4C—

  • “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, F2the United Kingdom or F3an EEA state;

  • F4...

  • “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)

F5For the purposes of paragraphs 4A to 4C—

(a)

a film is set in the F6United Kingdom or an EEA state if it is set in a country which is now part of the 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 F7United 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 F8paragraphs 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;

(F9b)

for the purposes of the rest of F10paragraphs 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 F11paragraph 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.

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

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)

F3

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)

F4

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)

F5

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)

F6

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)

F7

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)

F8

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)

F9

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 )

F10

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)

F11

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 )

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)