Explanatory note

Article 1(2) of the Films (Modification of the Definition of “British Film”) Order 1999 (“the Order”) allows an applicant for certification of a film as a “British film” to elect to have his application determined by the Secretary of State under Schedule 1 to the Films Act 1985 as it stood before the commencement of the Order, provided the application is made within twelve months from the date of commencement of the Order.

The Films (Certification) Regulations 1985 (“the 1985 regulations”) as amended by the Films (Certification) (Amendment) Regulations 1999 (“the 1999 regulations”) prescribe the particulars necessary to satisfy the Secretary of State that a film is a British film for the purposes of Schedule 1 to the Films Act 1985, as modified by the Order.

These regulations add a transitional provision to the 1985 regulations so that in cases where an election is made as described above, the 1985 regulations will apply as if the 1999 regulations had not been made.