Media law & regulation >
UK media laws > Cinema and film
UK media laws: Cinema and films
Page still under construction; subject to revision
Return to alphabetical list.
THE CINEMATOGRAPH ACT 1909
9 Edw.7 c.30
An Act to make better provision for [regulating]* cinematograph and other exhibitions.
*word in square brackets added by
Cinematograph Act 1952
This was the first English Act of Parliament specifically concerned with the
cinema and grew out of concern over fires in theatres caused by the highly combustible
nitrate base film stocks of the period.
The Act banned cinematograph
exhibitions except in licensed premises. It assigned the power to license
cinemas for up to a year to county and county borough councils, which had the
power to set their own conditions and to delegate. This latter provision became important as the Act was used
not only to reduce the literally inflammable risk of fire but also the morally
inflammable risk that cinemas presented to public welfare. It meant that the
licensing authorities could adopt the classifications given to films by the
British Board of Film Censors. This shift in emphasis was implicit in the
addition of the word 'regulating' to the title of the Act in 1952.
Several types of show were
exempt from licensing. A licence was not necessary if shows were given for less than
six days a year and if at least seven days' notice was given to the chief officer of
police. One was not necessary for shows in structures of 'a moveable character', if
at least two days notice was given to the chief police officer and if the
show otherwise complied with regulations. The Act did not apply to shows in dwelling
houses, even if a charge were made. Trade shows, etc, were not 'exhibitions'.
The Act was repealed by the Cinemas Act 1985.
Click for details
THE LIVERPOOL CORPORATION ACT 1921
11 & 12 Geo. 5 c. lxxiv
See
Celluloid and Cinematograph Film Act 1922 §11.
Return to alphabetical list.
THE CELLULOID AND CINEMATOGRAPH FILM ACT 1922
12&13 Geo.5 c.35
An Act to make better provision for the prevention of fires in premises where raw
celluloid or cinematograph film is stored or used.
The 1909 Cinematograph Act had clearly failed to prevent the dangers from fires
caused by the use of films with a nitrocellulose base. The powers of local
authorities were reinforced by requiring cinemas and other places in which
cinematograph film was handled (laboratories, distribution depots, etc) to
notify the local authority, provide fire escapes and make other safety
provisions. The Act granted powers of entry and to remove samples for testing.
The Act applied in Scotland
except in 'the city and royal burgh of Glasgow' nor in the city of Liverpool,
which had its own law in the Liverpool Corporation Act 1921.
Click for details
THE CINEMATOGRAPH FILMS ACT 1927
17&l8 Geo.5 c.29
This
Act introduced screen quotas that came into force on 1 April 1928 for renters (distributors)
and 1 October 1928 for exhibitors.
The Act was repealed
by the Cinematograph Films Act 1948.
Details of the screen quota
system.
Return to alphabetical list.
THE SUNDAY ENTERTAINMENTS ACT 1932
22 & 23 Geo. 5 c. 51
An Act to permit and regulate the opening and use of places on Sundays for
certain entertainments and for debates, and for purposes connected with the matters
aforesaid.
The Cinematograph Act 1909 permitted Sunday shows in England and Wales, subject to
safety and employment regulations, but this Act removed a possible anomaly by declaring
that films shows on Sundays would not create an offence under the Sunday Observance
Acts 1625 to 1780.
It established a
new Cinematograph Fund, under the control of the Privy Council. Not more than
five per cent of takings nor more than the profit earned from Sunday shows were to be paid to
the fund, to be used for 'encouraging the use and development of
the cinematograph as a means of entertainment and instruction'. [In fact it went to the
British Film Institute, founded the following year.]
A Schedule to the Act allows a poll of local electors
on whether to allow Sunday cinemas.
Click for details
Return to alphabetical list.
>THE LOCAL GOVERNMENT ACT 1933
23 & 24 Geo. 5 c. 51
Permitted electors to vote in referendums on Sunday cinema opening.
Repealed by Local Government Act 1972.
THE PUBLIC HEALTH ACT 1936
26 Geo. 5 & 1 Edw. 8 c. 49
§226(3) allows local authorities to close baths and washhouses in winter and
to use them for other purposes but allows no exemption from the requirement to obtain a
licence for film shows, etc.
THE CINEMATOGRAPH FILMS
(ANIMALS) ACT 1937
1 Edw.8 & 1 Geo.6 c.59
An Act to prohibit the exhibition or distribution of cinematograph films in
connection with the production of which suffering may have been caused to animals; and for
purposes connected therewith.
Act does not apply in Northern Ireland.
Return to alphabetical list.
THE CINEMATOGRAPH FILMS ACT 1938
1 & 2 Geo. 6 c. 17
The outcome of the Moyne
Committee report. It established the Cinematograph Films Council (which was
abolished in 1985) and set the British screen quota for feature films and for
short films at 15 per cent for renters and 12½ for exhibitors.
Repealed by and
consolidated in Films Act 1960.
Moyne Committee
report
THE CINEMATOGRAPH FILMS ACT 1948
11&12 Geo.6 c.23
This Act abolished the
film quota for distributors introduced by the 1927 Act
but, while leaving the exhibitors' quota for the supporting programme at 25 per cent, almost doubled the quota for
main features from 25 per cent to a record 45 per cent.
Repealed by
and consolidated in Films Act 1960.
SI
1948/1687 Cinematograph Films (Quotas) Order.
1950/531 Cinematograph Films (Quotas) (Amendment) Order.
Return to alphabetical list.
THE CINEMATOGRAPH FILM PRODUCTION
(SPECIAL LOANS) ACT 1949
12, 13 & 14 Geo.6 c.20
An Act to make temporary provision for the lending of money to be employed in
financing the production or distribution of cinematograph films; to provide for the taking
over by a national corporation established for the purpose aforesaid of the assets and
liabilities of National Film Finance Company Limited; and for purposes connected with the
matters aforesaid.
[March 1949]
This Act created the
National Film Finance Corporation, which was empowered to make commercial loans for film
production. There was occasional criticism from some quarters about the implications
of giving the NFFC no exemption from taxation, the argument being that more favourable
conditions would have allowed a greater measure
of ability to assist the British film production and distribution industry.
The NFFC made loans to 754 long and 174 short films and 596 television films.
Total advanced: £31.17m; repaid: £19.52m.
The NFFC had a subsidiary, National Film Trustee Company Limited, which
managed the National Film Finance Consortium and the National Film Development Fund and
controlled the disposal of Shepperton Studios Limited.
See also
Cinematograph Film Production (Special Loans) Acts 1950 to
1954
and Films Acts 1966
and 1970.
Click for details
Return to alphabetical list.
THE BRITISH FILM INSTITUTE ACT 1949
12; 13 & 14 Geo.6 c.35
An Act to provide for the payment to the British Film Institute of grants out of
moneys provided by Parliament
1.—Payment of grants to British Film
Institute. Allows BFI to receive money from the Treasury as well as from the Privy
Council's allocations from the Cinematograph Fund under the
Sunday Entertainment Act 1932.
SI
1965/603 Transfer of Functions (Cultural Institutions) Order transfers
responsibility for the BFI to the Department of Education and Science.
Repealed in part by
Sunday Cinema Act 1972
THE CINEMATOGRAPH FILM PRODUCTION
(SPECIAL LOANS) ACT 1950
14 Geo.6 c.l8
Repealed by
Films Act 1970.
Return to alphabetical list.
THE CINEMATOGRAPH FILM PRODUCTION
(SPECIAL LOANS) ACT 1952
15&16 Geo.6 & 1 Eliz.2 c.20
An Act to empower the National Film Finance Corporation to borrow otherwise than
from the Board of Trade
The upper
limit of borrowing by the National Film Finance Corporation was set at £2m.
Repealed in part by
Films Act 1970.
Return to alphabetical list.
THE CUSTOMS AND EXCISE ACT 1952
15&16 Geo.6 & Eliz.2 c.44
Allows exemption from duty on temporary imports
SI
1958/1975 Import Duty Reliefs (No.3) Order
1958/1979 Import Duty Reliefs (No.7) Order
1958/2141 Films (Temporary Importation) Regulations
1962/918 Temporary Importation (Process and Films)
(Amendment) Regulations
Return to alphabetical list.
THE CINEMATOGRAPH ACT 1952
15&16 Geo.6 & 1 Eliz.2 c.68
An Act to extend and amend the
Cinematograph Act 1909, and, as respects cinematograph entertainments, to modify the enactments
relating to music and dancing licences
Several important modifications
were made to the 1909 Act, which could have been
consolidated and repealed but was not. The legislation was extended to include
cinematograph exhibitions using non-inflammable films or television, etc (but see
the note about definitions below).
The Secretary of State was permitted to make
regulations in respect of safety, the health and welfare of children. In
particular, licensing authorities were required to impose conditions or restrictions on
the screening of 'works unsuitable for children'. All shows for children must be
licensed, even if under the previous regulations they might have claimed
exemption. Otherwise the exemptions under the 1909 Act continued, and organisations
certified as non-profit-making by the Commissioners of Customs & Excise were
permitted to hold unlicensed exhibitions. Separate music and dancing licences
were not required for cinematograph exhibitions.
The Act defined a 'child' as being under 16 years of age and 'cinematograph exhibition'
as 'an exhibition of moving
pictures produced on a screen by means which include the projection of light'. Thus, it does not mean holographic displays without a screen nor,
more importantly, some of the non-projected large-screen cinema-television that
had been demonstrated during the previous 25 years.
For reasons that are not clear, the Act allowed taking of samples of film under powers
of entry to test for flammability—a provision that has already been granted
under the Celluloid and Cinematograph Films Act 1922.
This Act was repealed by the Cinemas Act 1985.
Click for details
Return to alphabetical list.
THE CINEMATOGRAPH FILM
PRODUCTION (SPECIAL LOANS) ACT 1954
2&3 Eliz..2 c.15
An Act to extend the period during which loans and advances may be made under the
Cinematograph Film Production (Special Loans) Acts 1949 to 1952; to authorise the National
Film Finance Corporation to enter into special arrangements with respect to certain loans;
and for purposes connected therewith
2.—Power to enter into arrangements with
respect to certain loans. Allows NFFC to defer demand for repayment if it would be
hazardous to the production; allows acceptance of shares or debentures in a company in or
towards repayment of the amount of the loan.
Return to alphabetical list.
BRITISH FILM INSTITUTE ACT 1957
Return to alphabetical list.
THE CINEMATOGRAPH FILMS ACT 1957
5&6 Eliz.2 c.21
An Act to provide for the imposition of a levy on exhibitors of cinema to graph
films and for the making from the proceeds thereof of payments to, or for the benefit of,
makers of British cinematograph films and to the Children's Film Foundation Limited; to
amend the law relating to the functions and finances of the National Film Finance
Corporation; to extend the period during which, under section one of the Cinematograph
Films Act, 1948, the inclusion of British cinematograph films amongst registered films
exhibited to the public in theatres in Great Britain is obligatory and increase the
maximum amount of certain fees payable under the
Cinematograph Films Act, 1938; and for purposes connected with the matters aforesaid.
PART I: Provisions Relating to the Exhibitors' Levy
This Act established the British Film Fund Agency, which was to administer
the proceeds of the Eady levy, paid by exhibitors on the revenue from cinema
ticket sales and distributed to makers of British films under rules to be
determined by the Board of Trade (in practice, in proportion to their box office
takings). A grant was also to be made from the fund to the Children's Film
Foundation. The levy was to be collected by the Commissioners of HM Customs &
Excise for 23* consecutive periods of 52 weeks, starting not later than 20 October
1957 . [Thus, the levy provisions ran out on 1 July 1980.]
Customs & Excise was given power to obtain information—which provided
the basis for extensive data collection. Although only
summaries of information could normally be published and no specific disclosures
made without
written permission of the company concerned, the aggregated data was a unique
and unmatched source of statistical information about the British cinema and
film releases.
*Figure specified by the Films Act 1970.
PART II: Amendment of Law Relating to Functions
and Finance of National Film Finance Corporation
The Act required the National Film Finance Corporation (set up under the
Cinematograph Films (Special Loans) Act 1949 to pay its way, and allowing the 'privatisation'
of the NFFC by a transfer of its assets and liabilities to any British company providing
an alternative source of finance and willing to carry on the functions of the NFFC.
Click for details.
Return to alphabetical list.
THE ENTERTAINMENT DUTY ACT 1958
6&7 Eliz.2 c.9
Repealed by
Finance Act 1960.
THE CINEMATOGRAPH FILMS ACT 1960
8&9 Eliz.2 c.14
Repealed by and
consolidated in Films Act 1960.
THE FILMS ACT 1960
8&9 Eliz.2 c.57
An Act to consolidate the Cinematograph Films Acts 1938 to 1960
All distribution or exhibition in UK cinemas had to be licensed. Renters and
exhibitors had to keep record books and exhibitors had to make regular returns. Rentals
of registered films had to be recorded separately for each film in the show.
Exhibitors had to show registered British quota films for a fixed number of days per
year but could claim exemption if the net box office was not more than £150 a week.
A fine up to £250 per offence on summary conviction or up to £500 on
indictment could be imposed.
It was illegal to distribute or screen unregistered
films and films could not be obtained from unlicensed distributors. A detailed list
of registered films was to be published in the Board of Trade Journal [later
called Trade & Industry] as soon as possible.
The renter (distributor) was not allowed to
deliver to an exhibitor a film that varied by ±10 per cent of registered playing time.
The question of whether a film should be registered as British or foreign was
determined as follows: 'British' films are
made by the government, a Commonwealth government or Irish government; or if the maker of
the film is British or Irish and the film is made in a Commonwealth or Irish studio and a
specified proportion of labour costs goes to British, Commonwealth or Irish citizens.
Films made in accordance with international agreements could also be registered. These
agreements were defined in Statutory Instruments. Newsreels could also be
counted as British and quota films if qualifying.
Films with labour costs of less than £50 per minute
of playing time did not have to be registered.
No booking was allowed before a film was trade shown (so-called 'blind booking')
and the distributor could not make an exhibitor take a particular film, the penalty
for contravention being a fine not exceeding £250.
The Cinematograph Films Council was established, consisting of representatives
of trade bodies and a few independent members. This was disbanded in 1985 and its
functions (and some members) were taken up on a non-statutory basis by the newly
renamed British Screen Advisory Council.
This Act was repealed by
Films Act 1985.
Click for details
Return to alphabetical list.
THE FINANCE ACT 1960
8&9 Eliz.2 c.44
Repealed
Entertainments Duty Act 1958.
THE PUBLIC HEALTH ACT 1961
9 & 10 Eliz. 2 c. 64
PART III: Prevention and notification of disease.
40 Exclusion of children from places of
entertainment or assembly. 'Including a cinematograph theatre'.
THE SOUTH AFRICA ACT 1962
10&11 Eliz.2 c.23
§2(3) and Sch.5 exclude South Africa from the
Commonwealth qualification for British quota film registration.
Return to alphabetical list.
THE FILMS ACT 1964
1964 c.52
Repealed by Films Act 1985
An Act to amend the Films Act 1960 in its application to Newsreels
Return to alphabetical list.
THE GREATER LONDON COUNCIL (GENERAL POWERS) ACT 1966
1966 c. 28
Return to alphabetical list.
THE LOCAL GOVERNMENT ACT 1966
1966 c. 42
SI
1968/170 Miscellaneous Fees (Variation) 0.
1978/1387 Fees for Cinematograph Licences (Variation) 0.
Return to alphabetical list.
THE FILMS ACT 1966
1966 c. 48
An Act to extend the periods under which loans,
advances and orders may be made under the Cinematograph Film Production (Special Loans)
Acts 1949 to 1957, a levy is to be imposed under the
Cinematograph Films Act 1957 and a quota of British films is to be maintained under the
Films Acts 1960 and 1964; to raise the limit of exemptions from the quota; to increase the
maximum fee payable on an application for the registration of a co-production film; and for
connected purposes
Repealed
by Films Act 1985
§
1, 3, 4 and 6 repealed by Films Act 1970
2 amends Cinematograph Films Act 1957 §12(1)
and Cinematograph Film Production (Special Loans)
Act 1949
5 amends Films Act 1960 §4(3), (4)
7 repeals Cinematograph Films Act 1957 §10(2)
Return to alphabetical list.
THE CRIMINAL JUSTICE ACT 1967
1967 c.80
§§92, 106(2)(e) and Sch.3 Part I increase fine
for contravention of Cinematograph Act 1909 §3 from £20
plus £5 for each day of the offence to £200.
Return to alphabetical list.
THE FILMS ACT 1970
1970 c.26
An Act to amend the enactments relating to the financing and exhibition of films
§
1.—Extended functions of National Film Finance Corporation. Allows loans to acquire rights or to repay
other loans. Time limit of 1980 is imposed on all loan arrangements. [cf Cinematograph Films Act 1957 §2.]
3.—Remission of further interest on certain advances.
Sch.
Repeals
Cinematograph Film Production (Special Loans) Act 1949 §l(l)(b), 2(3);
Cinematograph Film Production (Special Loans) Act 1950;
Cinematograph Films Act 1957 §10;
Films Act 1960 §27,31(3), Sch.2, Sch.3 paras 4 and S;
Films Act 1966 §1,3,4,6.
SI
1975/1884 Cinematograph Films (Limits of Levy) Order
Repealed
by Films Act 1985
Return to alphabetical list.
THE COURTS ACT 1971
1971 c. 23
§§56(2)(4), Sch.9 Part I, Sch.II Part IV puts
jurisdiction for hearings brought under Cinematograph Act
1952 under Quarter Sessions rather than Crown Court
Return to alphabetical list.
THE FIRE PRECAUTIONS ACT 1971
1971 c. 40
§§12(12)(a),(b) takes on responsibility for
fire prevention in cinemas. Existing regulations under Cinematograph Acts 1909 to 1952 are
to be construed as if under this Act but no new regulations are to be made under the
Cinematograph Act 1952
Return to alphabetical list.
THE SUNDAY CINEMA ACT 1972
1972 c.19
An Act to amend the Sunday Entertainments Act 1932
Allows unconditional licensing of cinema exhibitions on Sundays in England and Wales
and winds up the Cinematograph Fund, from which the British Film Institute benefited.
Click for details
Repealed by
Cinemas Act 1985
Return to alphabetical list.
THE EUROPEAN COMMUNITIES ACT 1972
1972 c.68
PART II: Amendment of law
B.—Cinematograph films. Community films are not to be classed as
foreign films but as quota films under
the terms of the Films Acts 1960 to 1970.
SI
1974/2131 Films (Registration) (Amendment)Regs [revokes
1972/1925, revoked by 1975/1657—see under Films Act 1960]
Return to alphabetical list.
THE LOCAL GOVERNMENT ACT 1972
1972 c. 70
PART IX: Functions
§204.—Licensing: licensed premises, cinemas, theatres and refreshment houses.
(5)
Outside Greater London, licences under the Cinematograph Act
1909 and Sunday Entertainment Act 1932 §1
shall be granted by district councils.
Return to alphabetical list.
FILMS ACT 1979
Repealed by
Films Act 1985
FILMS ACT 1980
Repealed by
Films Act 1985
Return to alphabetical list.
FILM LEVY FINANCE ACT 1981
Return to alphabetical list.
NATIONAL FILM FINANCE CORPORATION ACT 1981
Return to alphabetical list.
INDECENT DISPLAYS (CONTROL) ACT 1981
c. 42
FINANCE ACT 1982
section 72
Return to alphabetical list.
CINEMATOGRAPH (AMENDMENT) ACT 1982
Repealed
by Cinemas Act 1985
This Act was re-drafted
following a letter to The Times.
Return to alphabetical list.
CINEMAS ACT 1985
1985 c.13
An Act to consolidate the
Cinematograph Acts 1909 to 1982 and certain related enactments, with an amendment to give
effect to a recommendation of the Law Commission.
This Act pulled together legislation
spread through a number of Acts concerning cinema licensing, including compliance with health and safety
regulations, allowing the repeal of four whole Acts.
Click for details
Return to alphabetical list.
FILMS ACT 1985
1985 c.21
An Act to repeal the Films Acts 1960 to 1980; to make further provision with respect to the
financing of films; and for connected purposes.
This Act
repealed the Films Acts 1960 to 1980, abolished the
National Film Finance Corporation, the
Eady Levy and the British Film Fund Agency that
collected it, and government advisory panel the Cinematograph Films Council. It
also had the regrettable effect of ending the collection of an extensive data
about British film exhibition set that was produced in connection with
administering the levy and quota.
Click for details
See also Quotas and levies
Alphabetical list of statutes.
