The Industrial Training (Film Industry Training Board for England and Wales) Order 2007

Prospective

article 4(1)

SCHEDULE 1 E+W The Film Industry

The activities E+W

1.  Subject to paragraph 3, the activities of the film industry are the activities specified in paragraph 2 in so far as they are carried out in England and Wales.

Commencement Information

I1 Sch. 1 para. 1 in force at 7.12.2007, see art. 1

2.  The activities are—

(a) all activities in the development, pre-production, principal photography or post-production of a film intended for theatrical release;

(b) any activities being incidental or ancillary to the activities specified in paragraph (a) carried out by, or on behalf of, the employer engaged in those activities.

Commencement Information

I2 Sch. 1 para. 2 in force at 7.12.2007, see art. 1

3.  The activities specified in paragraph 2 do not include any of the activities specified—

(a) as activities of the construction industry in Schedule 1 to the Industrial Training (Construction Board) Order 1964(1);

(b) as activities of the engineering construction industry in Schedule 1 to the Industrial Training (Engineering Board) Order 1964(2).

Commencement Information

I3 Sch. 1 para. 3 in force at 7.12.2007, see art. 1

Interpretation E+W

4.—(1) In this Schedule—

“development” means progressing a proposal for a film to the point at which a decision can be taken as to whether to proceed to pre-production of that film;

“film” means any record, however made, of a sequence of visual images that is capable of being used as a means of showing that sequence as a moving picture;

“pre-production” means preparation for principal photography;

“principal photography” means the shooting of a film and recording of its soundtrack;

“post-production” means ensuring, after principal photography, that the film and its soundtrack are ready for theatrical release;

“theatrical release” means exhibition to the paying public at the commercial cinema.

(2) For purposes of this Schedule a film is intended for theatrical release—

(a) if it is intended at the time when pre-production of that film begins that it will be given a theatrical release; and

(b) even if it is not given such a release.

(3) References in this Schedule to shooting include the generation of images in a film by computer.

Commencement Information

I4 Sch. 1 para. 4 in force at 7.12.2007, see art. 1

article 5

SCHEDULE 2 E+W Membership and proceedings of the Film Industry Training Board for England and Wales

Membership of the Board E+W

1.  The Secretary of State must determine the term for which each member is appointed and, subject to paragraphs 2 to 4, a member holds and vacates office in accordance with the instrument appointing him as such.

Commencement Information

I5 Sch. 2 para. 1 in force at 7.12.2007, see art. 1

2.  A member is eligible for reappointment.

Commencement Information

I6 Sch. 2 para. 2 in force at 7.12.2007, see art. 1

3.—(1) A member may resign his office by notifying the Secretary of State in writing.

(2) A notice given under sub-paragraph (1) takes effect on the date appointed by the Secretary of State.

Commencement Information

I7 Sch. 2 para. 3 in force at 7.12.2007, see art. 1

4.—(1) The Secretary of State may determine a member’s office to be vacant if he—

(a) is absent from meetings for more than six months consecutively—

(i) for a reason other than illness; and

(ii) without the approval of the Secretary of State; or

(b) becomes, in the Secretary of State’s opinion, unfit to continue in office or incapable of performing his duties.

(2) Where the Secretary of State makes a determination under sub-paragraph (1)—

(a) he must notify, in such form as he considers appropriate, the relevant member and the Board of that determination; and

(b) the relevant office becomes vacant on the date specified by the Secretary of State in the notice given under paragraph (a).

Commencement Information

I8 Sch. 2 para. 4 in force at 7.12.2007, see art. 1

Proceedings of the Board E+W

5.—(1) The Board must have an office at which communications and notices will at all times be received.

(2) The Board must notify the Secretary of State in writing of—

(a) the address of the office mentioned in sub-paragraph (1); and

(b) any subsequent change to that address.

Commencement Information

I9 Sch. 2 para. 5 in force at 7.12.2007, see art. 1

6.  The quorum for a meeting is—

(a) one third of the members; or

(b) if the number of members calculated under paragraph (a) results in a fraction, the nearest higher whole number of the members.

Commencement Information

I10 Sch. 2 para. 6 in force at 7.12.2007, see art. 1

7.—(1) The chairman or, if the chairman is absent, the deputy chairman must preside at all meetings.

(2) Despite sub-paragraph (1), if the chairman or any deputy chairman is not present at any meeting within 10 minutes of the time at which that meeting was due to start, the members present must nominate one of their number to act as chairman for that meeting.

Commencement Information

I11 Sch. 2 para. 7 in force at 7.12.2007, see art. 1

8.—(1) Where a resolution relating to a matter other than the imposition of a levy is put to a vote at a meeting, it is to be decided on a show of hands of the members present.

(2) For the purposes of sub-paragraph (1)—

(a) each member has one vote;

(b) if the votes are equally divided, the chairman (or person acting as chairman for that meeting) has a second or casting vote.

Commencement Information

I12 Sch. 2 para. 8 in force at 7.12.2007, see art. 1

9.—(1) Subject to paragraph 6 of Schedule 1 to the 1982 Act, where a resolution relating to the imposition of a levy is put to a vote at a meeting it is to be decided—

(a) on a show of hands of eligible members present at that meeting; or

(b) if an eligible member demands a poll under sub-paragraph (2), on a poll.

(2) An eligible member present and voting at the meeting at which a resolution relating to the imposition of a levy is put to a vote may demand a poll either before or on the declaration of the result on the show of hands.

(3) Where a poll is demanded under sub-paragraph (2)—

(a) that poll is to be carried out immediately; and

(b) votes may be given personally or by valid proxy.

(4) Subject to sub-paragraph (5), a vote is given by valid proxy if it is given in accordance with a qualifying instrument of proxy.

(5) A vote is not given by valid proxy if it is given in accordance with an instrument of proxy in relation to which there is a disqualifying notice.

(6) For the purposes of this paragraph, each eligible member has one vote.

Commencement Information

I13 Sch. 2 para. 9 in force at 7.12.2007, see art. 1

10.—(1) Minutes must be kept of all proceedings of the Board.

(2) If they are signed by a qualifying person, minutes are—

(a) evidence of the proceedings of a meeting; and

(b) unless proved otherwise, evidence that a meeting was properly convened and constituted.

Commencement Information

I14 Sch. 2 para. 10 in force at 7.12.2007, see art. 1

Execution and issue of instruments E+W

11.  The seal of the Board is authenticated by the signature of—

(a) the chairman of the Board or any member authorised to act on his behalf; and

(b) the secretary of the Board or any member authorised to act as secretary of the Board.

Commencement Information

I15 Sch. 2 para. 11 in force at 7.12.2007, see art. 1

Interpretation E+W

12.  In this Schedule—

“the Board” means the Film Industry Training Board for England and Wales;

“disqualifying notice” means, in relation to an instrument of proxy, notice in writing—

(a)

either —

(i)

that the instrument of proxy has been revoked; or

(ii)

of the death or insanity of the principal appointing a proxy under the instrument of proxy; and

(b)

received by the Board at its office before the meeting at which the instrument of proxy was used;

“eligible member” means a member mentioned in paragraph 6 of Schedule 1 to the Act;

“meeting” means a meeting of the Board;

“member” means a member of the Board;

“qualifying instrument of proxy” means an instrument of proxy—

(a)

in writing under the hand of and signed and dated by the eligible member (“the principal”) appointing the proxy;

(b)

appointing another eligible member to act as proxy for the principal; and

(c)

in the following form, or as near to this form as is possible in the circumstances—

“I … … of … being a member of the Film Industry Training Board for England and Wales and mentioned in paragraph 6 of Schedule 1 to the Industrial Training Act 1982, as amended, appoint … … of … or failing him … … of … as my proxy to vote on my behalf on any matter relating to the imposition of a levy at the meeting of the said Board to be held on the … day of … 20.. and at any adjournment of that meeting.”

“qualifying person” means—

(a)

the chairman;

(b)

the person who acted as chairman of the meeting in respect of which the minutes were taken; or

(c)

the person who acted as chairman at the meeting at which the minutes were read.

Commencement Information

I16 Sch. 2 para. 12 in force at 7.12.2007, see art. 1

(1)

S.I. 1964/1079, as amended by S.I. 1988/1100 and S.I. 1992/3048.

(2)

S.I. 1964/1086, as amended by S.I. 1980/1273, S.I. 1988/1100, S.I. 1990/526 and S.I. 1991/1305.