Cinemas Act 1985

6 Other non-commercial exhibitions. E+W+S

(1) Subject to subsections (4) and (5) below, this section applies to any film exhibition (other than one to which section 5 above applies) which—

(a) is one to which the public are not admitted or are admitted without payment, or

(b) does not fall within paragraph (a) above but is given by an exempted organisation,

and (in either case) satisfies the condition mentioned in subsection (2) below.

(2) The condition referred to in subsection (1) above is that either—

(a) the exhibition is not promoted for private gain, or

(b) the sole or main purpose of the exhibition is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction.

(3) The following exemptions have effect in relation to any film exhibition to which this section applies, that is to say—

(a) a licence under section 1 above shall not be required by reason only of the giving of the exhibition unless the pictures are produced by means specified in regulations under section 4 above as means involving such risk that it is inexpedient that this paragraph should have effect;

(b) where the exhibition is given in premises in respect of which a licence under section 1 above is in force, no condition or restriction on or subject to which the licence was granted shall apply to the exhibition except so far as it relates to the matters specified in section 4(2)(a) above;

(c) a consent under section 2 above shall not be required by reason only of the giving of the exhibition;

(d) where the exhibition is given in premises in respect of which a consent under section 2 above is in force, no condition or restriction on or subject to which the consent was granted shall apply to the exhibition;

(e) regulations under section 4 above making such provision as is mentioned in subsection (2)(b) of that section shall not apply to the exhibition and regulations under that section making such provision as is mentioned in subsection (2)(a) of that section shall not apply to the exhibition unless it is given in premises in respect of which a licence under section 1 above is in force.

(4) A film exhibition is excluded from being one to which this section applies if it is organised solely or mainly as an exhibition for children who are members of a club, society or association the principal object of which is attendance at film exhibitions, unless the exhibition is given in a private dwelling-house or as part of the activities of an educational or religious institution.

(5) A film exhibition is excluded from being one to which this section applies by virtue of paragraph (b) of subsection (1) above if on more than three out of the last preceding seven days the premises in question were used for the giving of a film exhibition to which this section applied by virtue of that paragraph.

(6) In this section “exempted organisation” means a society, institution, committee or other organisation with respect to which there is in force at the time of the exhibition in question a certificate given by the Secretary of State certifying that he is satisfied that the organisation is not conducted or established for profit; and there shall be paid to the Secretary of State in respect of the giving of such a certificate such reasonable fee as he may determine.

(7) The Secretary of State shall not give such a certificate with respect to any organisation—

(a) the activities of which appear to him to consist of or include the giving of film exhibitions promoted for private gain, or

(b) the objects of which do not appear to him to consist of or include the giving of film exhibitions to which the public are admitted;

and the Secretary of State may revoke such a certificate at any time if it appears to him that, since the certificate was given, the activities of the organisation have consisted of or included the giving of film exhibitions promoted for private gain.

(8) Any certificate given by the Commissioners of Customs and Excise under section 5(4) of the M1 Cinematograph Act 1952 before the commencement of the M2 Cinematograph (Amendment) Act 1982 shall have effect as if given by the Secretary of State.

Modifications etc. (not altering text)

C1 S. 6(6)(7) functions transferred (S) (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1

Marginal Citations

M1 1952 c. 68.

M2 1982 c. 33.