European Communities Act 1972

8Cinematograph films

(1)On and after the entry date Community films shall be registered under the Films Acts 1960 to 1970 as a class distinct from other foreign films, and be registered as quota films, and the register shall be kept accordingly; and—

(a)references in those Acts to a foreign film, except in sections 11 and 17 of the [1960 c. 57.] Films Act 1960 (which relate to registration) shall have effect as references to a foreign film other than a Community film; and

(b)references to a British film shall in the following pro visions of the Films Act 1960 have effect as references to a British or Community film, that is to say, in sections 1(1), 2(2) (as set out in section 10(1) of the [1970 c. 26.] Films Act 1970), 30(3)(b), 32(1)(b) and 44(1)(b).

In this subsection and in subsection (2) below " Community film " means any such film as in accordance with any relevant Community instrument is to be regarded as a film of a member State.

(2)Where a film which on the entry date is registered under the Films Act 1960 as a foreign film is a Community film, a person who has the right to distribute the film or is in a position to confer that right may apply for the register to be amended by registering the film as a Community film; and if the application is accompanied by the requisite particulars and evidence to show the film is a Community film, and by such fee as may be prescribed for this purpose under section 44 of the Act, the register shall be amended accordingly and there shall be issued to the applicant, in substitution for any certificate of registration previously issued, a certificate of registration specifying the particulars of the film as recorded in the register after the amendment.

In relation to a film registered as a Community film by virtue of this subsection, section 2 of the [1960 c. 57.] Films Act 1960 (disregard of old films for quota purposes) shall have effect as if in subsection (2), whether as originally enacted or as set out in section 10(1) of the [1970 c. 26.] Films Act 1970, the reference to a film being first registered as a British film were a reference to its being first registered.

(3)The requirements for the registration of a film as a British film under section 17 of the Films Act 1960 shall be modified, with effect from the entry date, by inserting after the words " of the Republic of Ireland " , wherever those words occur in section 17(2)(a) and (3), the words " or of any country that is a member State ".

(4)If, on the application of an exhibitor in respect of a cinema, the Secretary of State is satisfied that during the year 1973 or any later year it is proposed to exhibit at the cinema no films other than foreign language films, he may (after consultation with the Cinematograph Films Council) direct that section 1 of the Films Act 1960 shall not apply to the exhibition of films at that cinema during that year; but section 1 shall nevertheless apply as if no such direction had been given—

(a)where during the year any film other than a foreign language film is exhibited at the cinema; and

(b)where, on the application of an exhibitor who exhibits films at the cinema, the Secretary of State substitutes for the direction a direction under section 4(1) of the Act.

In this subsection " foreign language film " means a film in which the dialogue is mainly in a foreign language.

(5)This section shall be construed as one with the Films Act 1960.