cinemas and film Citation and commencement 1 1 These Regulations may be cited as the Films (Certification) Regulations 2006. 2 This Order shall come into force only if the Films (Definition of “British Film”) ( No. 2) Order 2006 comes into force, and shall do so on the day that Order comes into force . 3 If the Films (Definition of “British Film”) (No. 2) Order 2006 does not come into force before 31st March 2007, this Order is revoked with effect from that date. Interpretation 2 In these Regulations— “ the Act ” means the Films Act 1985; “co-production film” means a film which by virtue of any Order in Council made under paragraph 4(5) of Schedule 1 to the Act is to be treated as if it is a British film for the purposes of Schedule 1 to the Act; “core expenditure” has the same meaning as in section 34(1) of the Finance Act 2006 ; “film production company” has the same meaning as in section 32 of the Finance Act 2006. “group of companies” means a company and all other companies which are its subsidiaries within the meaning of section 736 of the Companies Act 1985 . “other expenditure” means all the expenditure on the work carried out in the making of the film which is not core expenditure; “producer” means the person by whom the arrangements necessary for the making of the film are undertaken; “theatrical release” means exhibition to the paying public at the commercial cinema; “ UK expenditure” has the same meaning as in section 35(1) of the Finance Act 2006. Applications 3 An application under paragraph 2(1) of Schedule 1 to the Act for the certification of a film as a British film, other than a co-production film, shall be made in writing to the Secretary of State. Particulars 4 The application shall set out the particulars of the film described in the Schedule. Evidence 5 1 The application shall be accompanied by a statutory declaration made by the applicant as to the truth of the particulars given in the application. 2 A statutory declaration shall be deemed to be properly made by the applicant if it has been made on behalf of the company by the Secretary or one of the directors of the company or a by any person duly authorised by the company to make the declaration on its behalf. 6 1 The application for final certification shall be accompanied by a report prepared by a person referred to in paragraph (2)— a verifying the particulars in paragraphs 18 to 24 of the Schedule; and b stating whether, in the opinion of that person, any point should be awarded under paragraphs 4A(5), 4B(5) or 4C(5) of Schedule 1 to the Act . 2 The person referred to in this paragraph is a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 and is not and was not at any time while the film was being made— a in partnership with the applicant or any officer or servant of the applicant; b in the employment of the applicant or any officer or servant of the applicant; or c an officer or servant of the applicant or, if the applicant is a member of a group of companies, of any other company in that group. Transitional provision 7 1 Subject to paragraphs (2) and (3), the following Regulations are revoked— a the Films (Certification) Regulations 1985 (No. 994) ; b the Films (Certification) (Amendment) Regulations 1999 (No. 2224) c the Films (Certification) (Amendment) (No. 2) Regulations 1999 (No. 2334) . d the Films (Certification) (Amendment) Regulations 2006 (No. 642) . 2 If an application falls to be determined by the Secretary of State in accordance with Schedule 1 to the Act as in force immediately before 1st April 2006 the Films (Certification) Regulations 1985 shall continue to have effect to the application as if the Films (Certification) (Amendment) Regulations 2006 had not been made. 3 If an application falls to be determined by the Secretary of State in accordance with Schedule 1 to the Act as in force immediately before the commencement of these Regulations the Films (Certification) Regulations 1985 shall continue to have effect to the application as if these Regulations had not been made. Shaun Woodward Parliamentary Under Secretary of State Department for Culture, Media and Sport 7th December 2006