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Films Act 1985

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Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the Films Act 1985, Cross Heading: British films for purposes of the Schedule. Help about Changes to Legislation

British films for purposes of the ScheduleU.K.

[F14[F2(1)A film is a British film for the purposes of this Schedule if it passes the relevant cultural test (see paragraph 4A, 4B or 4C).]U.K.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Her Majesty may by Order in Council provide for films to be treated as British films for the purposes of this Schedule if they are made in accordance with the terms of any agreement between Her Majesty’s Government in the United Kingdom and any other government, international organisation or authority.

(6)This paragraph has effect subject to paragraph 5 (excluded films).

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 )

F2Sch. 1 para. 4(1) substituted for Sch. 1 para. 4(1)-(3) (1.1.2007) by Finance Act 2006 (c. 25), s. 53(1), Sch. 5 para. 20; S.I. 2006/3399, art. 2

[F44A(1)The cultural test for a film other than a documentary (see paragraph 4B) or an animation (see paragraph 4C) is as follows.U.K.

(2)Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F518 points] in total.

(3)Up to [F618 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 [F7United 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 [F8are 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 [F8are qualifying persons] or, if only one of the three lead characters [F9is 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 if two or three of them [F8are qualifying persons] or, if only one of them [F9is 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 if both of them [F8are qualifying persons], 2 points if one of them is;

(iv)if there is only one character depicted in the film, 4 points if he [F9is a qualifying person];

(c)4 points if the film depicts a [F10qualifying] story;

(d) up to [F116 points] depending on the percentage of the original dialogue that is recorded in [F12a language recognised for official purposes in the [F13United Kingdom or an EEA state]] as follows—

(i)[F116 points] for at least 75%;

(ii)[F144 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 [F15one or more of the following—

(a)British creativity;

(b)British heritage;

(c)diversity].

(5)[F16Up 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 paragraphs (b) or (c) below, in which case nil)—

(i)principal photography;

(ii)visual effects;

(iii)special effects;

(b)2 points if at least 50% of the work carried out on either of the following is carried out in the United Kingdom—

(i)principal photography;

(ii)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)audio post production;

(iii)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).

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 )

F4 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 )

F5Words in Sch. 1 para. 4A(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(2) (with art. 2)

F6Words in Sch. 1 para. 4A(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(a) (with art. 2)

F8Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(i) (with art. 2)

F9Words in Sch. 1 para. 4A(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(c)(ii) (with art. 2)

F10Word in Sch. 1 para. 4A(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(d) (with art. 2)

F11Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(i) (with art. 2)

F12Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(ii) (with art. 2)

F14Words in Sch. 1 para. 4A(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(3)(e)(iii) (with art. 2)

F15Words in Sch. 1 para. 4A(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(4) (with art. 2)

F16Sch. 1 para. 4A(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 3(5) (with art. 2)

4B(1)The cultural test for a documentary is as follows.U.K.

(2)Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F1718 points] in total.

(3)Up to [F1818 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 [F19United 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 [F20participants] F21... in the film that [F22are qualifying persons] as follows—

(i)if there are more than three [F20participants] F21... in the film, 4 points if two or three of the three lead [F20participants] [F22are qualifying persons] or, if only one of the three lead [F20participants] [F23is 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 [F20participants] F21... in the film, 4 points if two or three of them [F22are qualifying persons] or, if only one of them [F23is 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 [F20participants] F21... in the film, 4 points if both of them [F22are qualifying persons], 2 points if one of them is;

(iv)if there is only one [F24participant] F21... in the film, 4 points if he [F23is a qualifying person];

(c)4 points if the film depicts a [F25qualifying] story;

(d) up to [F266 points] depending on the percentage of the original dialogue that is recorded in [F27a language recognised for official purposes in the [F28United Kingdom or an EEA state]] as follows—

(i)[F266 points] for at least 75%;

(ii)[F294 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 [F30one or more of the following—

(a)British creativity;

(b)British heritage;

(c)diversity].

(5)[F31Up 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)principal photography;

(ii)visual effects;

(iii)research and development;

(iv)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)principal photography;

(ii)research and development;

(iii)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)audio post production;

(iii)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 participants (or, if there are more than three, of the three lead participants) is a qualifying person;

(f)1 point if at least 50% of the participants 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) ([F32participants]), or

(c)it is awarded 4 points under sub-paragraph (3)(c) (story).

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 )

F4 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 )

F17Words in Sch. 1 para. 4B(2) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(2) (with art. 2)

F18Words in Sch. 1 para. 4B(3) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(a) (with art. 2)

F20Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(i) (with art. 2)

F21Word in Sch. 1 para. 4B(3)(b) omitted (29.1.2015) by virtue of The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(ii) (with art. 2)

F22Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iii) (with art. 2)

F23Words in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(iv) (with art. 2)

F24Word in Sch. 1 para. 4B(3)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(c)(v) (with art. 2)

F25Word in Sch. 1 para. 4B(3)(c) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(d) (with art. 2)

F26Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(i) (with art. 2)

F27Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(ii) (with art. 2)

F29Words in Sch. 1 para. 4B(3)(d) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(3)(e)(iii) (with art. 2)

F30Words in Sch. 1 para. 4B(4) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(4) (with art. 2)

F31Sch. 1 para. 4B(5) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(5) (with art. 2)

F32Word in Sch. 1 para. 4B(7)(b) substituted (29.1.2015) by The Films (Definition of British Film) Order 2015 (S.I. 2015/86), arts. 1, 4(6) (with art. 2)

4C(1)The cultural test for an animation is as follows.U.K.

(2)Subject to sub-paragraph (7), a film passes the cultural test if it is awarded at least [F3318 points] in total.

(3)Up to [F3418 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 [F35United 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 [F36are 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 [F36are qualifying persons] or, if only one of the three lead characters [F37is 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 [F36are qualifying persons] or, if only one of them [F37is 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 [F36are qualifying persons], 2 points if one of them is;

(iv)if there is only one character depicted in the film, 4 points if he [F37is a qualifying person];

(c)4 points if the film depicts a [F38qualifying] story;

(d) up to [F396 points] depending on the percentage of the original dialogue that is recorded in [F40a language recognised for official purposes in the [F41United Kingdom or an EEA state]] as follows—

(i)[F396 points] for at least 75%;

(ii)[F424 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 [F43one or more of the following—

(a)British creativity;

(b)British heritage;

(c)diversity].

(5)[F44Up 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).]

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 )

F4 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 )

F33Words 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)

F34Words 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)

F36Words 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)

F37Words 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)

F38Word 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)

F39Words 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)

F40Words 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)

F42Words 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)

F43Words 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)

F44Sch. 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)

4D(1)In paragraphs 4A to 4C—U.K.

  • “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, [F45the United Kingdom or] [F46an EEA state];

  • F47...

  • “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)[F48For the purposes of paragraphs 4A to 4C—

(a) a film is set in the [F49United Kingdom or an EEA state] if it is set in a country which is now part of the [F49United 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 [F50United 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 [F51paragraphs 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;

[F52(b)for the purposes of the rest of [F53paragraphs 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 [F54paragraph 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.]

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 )

F46Words 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)

F47Definition 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)

F48Sch. 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)

F51Words 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)

F52 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 )

F53Words 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)

F54 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 )

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