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Would A "british Film" Have Some Iom Content?


manxchatterbox

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In the House of Lords they have read the "Films (Definition of "British Film")Order 2006"

 

quote:-

Lord Davies of Oldham rose to move, That the draft order laid before the House on 15 February be approved [19th Report from the Joint Committee].

 

The noble Lord said: My Lords, the order modifies the definition of a British film contained in Schedule 1 to the Films Act 1985. The Government's aim in promoting the order is to obtain sustainable production of culturally British films, ensuring that film continues to play an important role in British cultural life, expressing and representing British culture and national identity. This aim is supported through encouraging the production of films that might not otherwise be made, promoting sustainability in British film production and maintaining a critical mass of UK infrastructure, and creative and technical expertise, to facilitate the production of culturally British films.

 

Under the existing structure, to be certified as a British film by the Secretary of State for Culture, Media and Sport under Schedule 1 to the Films Act 1985, a film must meet the following requirements: the "maker" of the film must be resident in an EEA member state throughout the production of the film; 70 per cent of the total film production expenditure must be incurred on activity in the UK; 70 per cent of the labour expenditure must be incurred on labour or services of EEA or Commonwealth citizens or

 

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residents; and the film must not have more than 10 per cent archive footage from previously certified films or other makers' films, unless the film is a documentary.

 

Under the proposals in this order, the "maker" and archive footage requirements remain the same. However, for consistency with film tax relief, the "maker" test will now be amended to reflect the provisions of the Finance Bill. The changes proposed by this order are to remove expenditure requirements on labour and film production activity and to introduce a new points-based cultural test. A regulatory impact assessment has concluded that these amendments will not impose any extra burden on the industry or the Civil Service. Schedule 1 to the Films Act 1985 is being modified to introduce a more effective way of certifying culturally British films and of ensuring that the support given to films is consistent with the European Commission's rules on providing state aid.

 

The cultural test itself has been developed in consultation with the industry to be a simpler and more objective system for film makers, offering them much-needed certainty. The test is widely welcomed and supported by the industry. It awards points for the cultural content of the film, for where the film is made and for who makes the film. The general cultural test is set out in paragraph 4A of Schedule 1 as modified by this order. Paragraphs 4B and 4C set out separate tests for documentary and animation films respectively.

 

Responses to the consultation on the cultural test called for separate tests for animation and documentary films, in recognition of the fact that the unique film-making processes used by these genres of film are not catered for by the general test; for example, documentary films spend a considerable amount of time in research and development and so, for documentaries only, points can be awarded for the specific area of work.

 

To pass the cultural test, a film will require 16 points out of a possible 32. There are three sections to the cultural test. The first section assesses whether the content of the film is British, such as whether the film depicts a British story and has British characters. The second section awards points for where work on the film has taken place; for example, the use of UK studios or locations and UK-based visual effects facilities. The final section looks at who has worked on the film and whether they are British or EEA citizens or residents. A voluntary system of interim approval will also be introduced for Schedule 1 films. That will offer more certainty to film makers who want it and help them to secure financing to begin making their films.

 

The fact that 15 of the points are allocated to where the film is made is a response to the overwhelming view from consultation respondees that greater weight should be given to this section than to the others, so as to incentivise the use of UK talent and facilities and to build a sustainable British infrastructure for film making. Visual effects, in particular, are eligible for more points, as this is the biggest below-the-line spend

for large budget feature films, and the UK's facilities are world leading and need to be incentivised to meet increasing competition from overseas.

 

Following the consultation, the test was also amended to recognise the role of the producer and the entire cast and crew. In addition, the test now awards points for key creative roles as recognised by BAFTA. The final framework of the cultural test was published by DCMS alongside the Treasury's announcement of revised and more generous rates and levels for the new tax relief for film in the Pre-Budget Report on 5 December. The final elements of the new film tax relief for film were announced in the Budget last week, including a reduced minimum UK expenditure threshold, which will allow a wider range of films to qualify for the new relief. This news was well received by the film industry. Accordingly, I beg to move.

 

Moved, That the draft order laid before the House on 15 February be approved [19th Report from the Joint Committee].—(Lord Davies of Oldham.)

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