Theatres Act 1968

7 Exceptions for performances given in certain circumstances. E+W+S

(1) Nothing in sections 2 to 4 of this Act shall apply in relation to a performance of a play given on a domestic occasion in a private dwelling.

(2) Nothing in sections 2 to 6 of this Act shall apply in relation to a performance of a play given solely or primarily for one or more of the following purposes, that is to say—

(a) rehearsal; or

(b) to enable—

(i) a record or cinematograph film to be made from or by means of the performance; or

(ii) the performance to be broadcast; or

[F1 (iii) the performance to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;]

but in any proceedings for an offence under section 2, 5 or 6 of this Act alleged to have been committed in respect of a performance of a play F2 ..., if it is proved that the performance was attended by persons other than persons directly connected with the giving of the performance or the doing in relation thereto of any of the things mentioned in paragraph (b) above, the performance shall be taken not to have been given solely or primarily for one or more of the said purposes unless the contrary is shown.

(3) In this section—

• “broadcast” means broadcast by wireless telegraphy (within the meaning of [F3 the Wireless Telegraphy Act 2006]), whether by way of sound broadcasting or television;

• “cinematograph film” means any print, negative, tape or other article on which a performance of a play or any part of such a performance is recorded for the purposes of visual reproduction;

• “record” means any record or similar contrivance for reproducing sound, including the sound-track of a cinematograph film;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 S. 7(2)(b)(iii) substituted by Broadcasting Act 1990 (c. 42, SIF:96), s. 203(1), sch. 20, para. 13

F2 Words in s. 7(2) repealed (12.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(2)(e)(vii), Sch. 23 Pt. 2 (with s. 180)

F3 Words in s. 7(3) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 3

F4 Words repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 21(2), Sch. 6

Modifications etc. (not altering text)

C1 The references to section 5 repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3