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Statutory Instruments

2013 No. 1831

Corporation Tax

The Cultural Test (Television Programmes) Regulations 2013

Made

18th July 2013

Laid before the House of Commons

22nd July 2013

Coming into force

13th August 2013

M1 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1216CB and 1216CC(7) of the Corporation Tax Act 2009 .

Regulations 3 to 5 of, and Schedule 1 to, these Regulations are made with the approval of the Treasury in accordance with section 1216CB(2) of that Act.

PART 1 Introductory

Citation and commencement

1. —(1) These Regulations may be cited as the Cultural Test (Television Programmes) Regulations 2013.

(2) These Regulations come into force on 13th August 2013.

Interpretation

2. —(1) In these Regulations—

“ the Act ” means the Corporation Tax Act 2009;

“ cast ” means the actors and performers in a drama or animation, but not any extras;

“ heads of department ” has the meaning given by paragraph (2);

“ participant ” means a presenter, narrator, subject, or any other person who both participates and appears in a documentary [F1 or a children’s programmeF1] ;

“ production crew ” means all the persons directly involved in the production of a programme who do not appear in the programme;

M2,M3 “ programme ” means a drama , a documentary [F2 , an animation or a children’s programmeF2] which is a relevant programme ;

“ qualifying person ” means a national of, or a person ordinarily resident in, [F3 the United Kingdom or F3] an EEA state;

“ recognised regional or minority language ” means Welsh, Scottish-Gaelic, Irish, Scots, Ulster Scots, Cornish or British Sign Language;

“ special effects ” means artificial techniques or processes, which are not visual effects, used to create an illusion in a programme; and

“ visual effects ” means digital alterations to a programme's images.

(2) “ Heads of department ” means—

(a) in relation to a drama, lead cinematographer, lead production designer, lead costume designer, lead editor, lead sound designer, lead visual effects supervisor and lead hair and makeup supervisor;

(b) in relation to a documentary, lead camera operator, lead sound recordist, lead editor and lead researcher;

(c) in relation to an animation, lead layout supervisor, lead production designer, lead character designer, lead editor, lead sound designer, lead visual effects supervisor and lead modelling supervisor [F4 ; and

(d) in relation to a children’s programme, lead cinematographer, lead production designer, lead costume designer, lead editor, lead sound designer, lead visual effects supervisor, lead hair and makeup supervisor and lead researcher F4] .

PART 2 The Cultural Tests

Cultural test: dramas and documentaries

3. —(1) A drama or documentary will be certified by the Secretary of State as a British programme under section 1216CB(1) of the Act only if it passes the following cultural test.

(2) A drama or documentary passes the cultural test if it meets either of the following conditions—

(a) subject to paragraph (3), it is awarded at least [F5 18 points F5] in total under paragraphs (4) to (7); or

(b) M4 it is a qualifying co-production made in accordance with an international agreement specified in Schedule 1.

(3) A drama or documentary that is awarded all the points available under paragraphs (4)(d) (language), (6) (where work carried out) and (7) (personnel) will not pass the cultural test unless it is awarded—

(a) at least 2 points under paragraph (4)(a) (setting);

(b) at least 2 points under paragraph (4)(b) (characters); or

(c) 4 points under paragraph (4)(c) (story).

(4) Up to [F6 18 points F6] will be awarded in respect of the content of the drama or documentary as follows—

(a) up to 4 points depending on the percentage of the drama or documentary that is set in the [F7 United Kingdom or an EEA state F7] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the characters depicted in the drama or documentary that are from the [F8 United Kingdom or an EEA state F8] as follows—

(i) if there are more than three characters depicted in the drama or documentary—

(aa) if two or three of the three lead characters are from the [F9 United Kingdom or an EEA state F9] , 4 points;

(bb) if only one of the three lead characters is from the [F10 United Kingdom or an EEA state F10] , 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(ii) if there are only three characters depicted in the drama or documentary—

(aa) if two or three of the characters are from the [F11 United Kingdom or an EEA state F11] , 4 points;

(bb) if only one of the characters is from the [F12 United Kingdom or an EEA state F12] , 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(iii) if there are only two characters depicted in the drama or documentary—

(aa) if both of the characters are from the [F13 United Kingdom or an EEA state F13] , 4 points;

(bb) if one of the characters is from the [F14 United Kingdom or an EEA state F14] , 2 points;

(iv) if there is only one character depicted in the drama or documentary, 4 points if that character is from the [F15 United Kingdom or an EEA state F15] ;

(c) 4 points if the drama or documentary depicts a British story or a story which relates to [F16 an EEA state F16] ;

(d) up to [F17 6 points F17] depending on the percentage of the original dialogue that is recorded in [F18 a language recognised for official purposes in the [F19 United Kingdom or an EEA state F19,F18]] —

(i) [F17 6 points F17] for at least 75%;

(ii) [F20 4 points F20] for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(5) Up to 4 points will be awarded in respect of the contribution of the drama or documentary to the promotion, development and enhancement of [F21 one or more of the following—

(a) British creativity;

(b) British heritage; or

(c) diversity F21] .

[F22 (6) Up to 5 points will be awarded in respect of work carried out in the making of the drama or documentary as follows—

(a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under sub-paragraphs (b) or (c) below, in which case nil)—

(i) in relation to a drama—

(aa) principal photography;

(bb) visual effects;

(cc) special effects;

(ii) in relation to a documentary—

(aa) shooting;

(bb) visual effects;

(cc) research and development;

(dd) special effects;

(b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) in relation to a drama—

(aa) principal photography;

(bb) special effects;

(ii) in relation to a documentary—

(aa) shooting;

(bb) research and development;

(cc) special effects;

(c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

(d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score created for the drama or documentary;

(ii) audio post production;

(iii) picture post production. F22]

(7) Up to 8 points will be awarded in respect of the personnel involved in the making of the drama or documentary as follows—

(a) 1 point if a director (or, if there are more than three, one of the three lead directors) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, one of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, one of the three lead producers) is a qualifying person;

(d) 1 point if a composer (or, if there are more than three, one of the three lead composers) is a qualifying person;

(e) 1 point if at least one of the actors or participants (as the case may be) (or, if there are more than three, one of the three lead actors or participants) is a qualifying person;

(f) 1 point if at least 50% of the cast or participants (as the case may be) are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

Cultural test: animation

4. —(1) An animation will be certified by the Secretary of State as a British programme under section 1216CB(1) of the Act only if it passes the following cultural test.

(2) An animation passes the cultural test if it meets either of the following conditions—

(a) subject to paragraph (3), it is awarded at least 16 points in total under paragraphs (4) to (7); or

(b) M5 it is a qualifying co-production made in accordance with an international agreement specified in Schedule 1.

(3) An animation that is awarded all the points available under paragraphs (4)(d) (language), (6) (where work carried out) and (7) (personnel) will not pass the cultural test unless it is awarded—

(a) at least 2 points under paragraph (4)(a) (setting);

(b) at least 2 points under paragraph (4)(b) (characters); or

(c) 4 points under paragraph (4)(c) (story).

(4) Up to 16 points will be awarded in respect of the content of the animation as follows—

(a) up to 4 points depending on the percentage of the animation that is set in the [F23 United Kingdom or an EEA state F23] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the characters depicted in the animation that are from the [F24 United Kingdom or an EEA state F24] as follows—

(i) if there are more than three characters depicted in the animation—

(aa) if two or three of the three lead characters are from the [F25 United Kingdom or an EEA state F25] , 4 points;

(bb) if only one of the three lead characters is from the [F26 United Kingdom or an EEA state F26] , 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(ii) if there are only three characters depicted in the animation—

(aa) if two or three of the characters are from the [F27 United Kingdom or an EEA state F27] , 4 points;

(bb) if only one of the characters is from the [F28 United Kingdom or an EEA state F28] , 2 points if that character is the first or second lead, or 1 point if that character is the third lead;

(iii) if there are only two characters depicted in the animation—

(aa) if both of the characters are from the [F29 United Kingdom or an EEA state F29] , 4 points;

(bb) if one of the characters is from the [F30 United Kingdom or an EEA state F30] , 2 points;

(iv) if there is only one character depicted in the animation, 4 points if that character is from the [F31 United Kingdom or an EEA state F31] ;

(c) 4 points if the animation depicts a British story or a story which relates to [F32 an EEA state F32] ;

(d) up to 4 points depending on the percentage of the original dialogue that is recorded in the English language or a recognised regional or minority language as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(5) Up to 4 points will be awarded in respect of the contribution of the animation to the promotion, development and enhancement of British culture.

(6) Up to 3 points will be awarded in respect of work carried out in the making of the animation as follows—

(a) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) shooting;

(ii) visual design;

(iii) layout and storyboarding;

(iv) visual effects;

(v) special effects;

(b) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score created for the animation;

(ii) voice recording;

(iii) audio post production;

(iv) picture post production.

(7) Up to 8 points will be awarded in respect of the personnel involved in the making of the animation as follows—

(a) 1 point if a director (or, if there are more than three, one of the three lead directors) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, one of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, one of the three lead producers) is a qualifying person;

(d) 1 point if a composer (or, if there are more than three, one of the three lead composers) is a qualifying person;

(e) 1 point if at least one of the actors (or, if there are more than three, one of the three lead actors) is a qualifying person;

(f) 1 point if at least 50% of the cast are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

(8) An animation which is set in, or in which any character is from, an undetermined location is eligible to be awarded points under paragraphs (4)(a)(ii)-(iv) (setting) and (4)(b) (characters) as if that location were in the [F33 United Kingdom or an EEA state F33] , provided it complies with the following condition.

(9) The condition is that that animation is awarded at least one point under any of—

(a) paragraph (4)(c) (story);

(b) paragraph (4)(d) (language); or

(c) paragraph (5) (culture).

[F34 Cultural test: children’s programme

4A.—(1) A children’s programme will be certified by the Secretary of State as a British programme under section 1216CB(1) of the Act only if it passes the following cultural test.

(2) A children’s programme passes the cultural test if it meets either of the following conditions—

(a) subject to paragraph (3), it is awarded at least 18 points in total under paragraphs (4) to (7); or

(b) it is a qualifying co-production made in accordance with an international agreement specified in Schedule 1.

(3) A children’s programme that is awarded all the points available under paragraphs (4)(d) (language), (6) (where work carried out) and (7) (personnel) will not pass the cultural test unless it is awarded—

(a) at least 2 points under paragraph (4)(a) (setting);

(b) at least 2 points under paragraph (4)(b) (characters); or

(c) 4 points under paragraph (4)(c) (story).

(4) Up to 18 points will be awarded in respect of the content of the children’s programme as follows—

(a) up to 4 points depending on the percentage of the children’s programme that is set in the [F35 United Kingdom or an EEA state F35] as follows—

(i) 4 points for at least 75%;

(ii) 3 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%;

(b) up to 4 points depending on the number of the characters or participants in the children’s programme that are from the [F36 United Kingdom or an EEA state F36] as follows—

(i) if there are more than three characters or participants in the children’s programme—

(aa) if two or three of the three lead characters or participants are from the [F37 United Kingdom or an EEA state F37] , 4 points;

(bb) if only one of the three lead characters or participants is from the [F38 United Kingdom or an EEA state F38] , 2 points if that character or participant is the first or second lead, or 1 point if that character or participant is the third lead;

(ii) if there are only three characters or participants in the children’s programme—

(aa) if two or three of the characters or participants are from the [F39 United Kingdom or an EEA state F39] , 4 points;

(bb) if only one of the characters or participants is from the [F40 United Kingdom or an EEA state F40] , 2 points if that character or participant is the first or second lead, or 1 point if that character or participant is the third lead;

(iii) if there are only two characters or participants in the children’s programme—

(aa) if both of the characters or participants are from the [F41 United Kingdom or an EEA state F41] , 4 points;

(bb) if one of the characters or participants is from the [F42 United Kingdom or an EEA state F42] , 2 points;

(iv) if there is only one character or participant in the children’s programme, 4 points if that character is from the [F43 United Kingdom or an EEA state F43] .

(c) 4 points if the children’s programme depicts a British story or a story which relates to [F44 an EEA state F44] ;

(d) up to 6 points depending on the percentage of the original dialogue that is recorded in a language recognised for official purposes in the [F45 United Kingdom or an EEA state F45] as follows—

(i) 6 points for at least 75%;

(ii) 4 points for at least 66%;

(iii) 2 points for at least 50%;

(iv) 1 point for at least 25%.

(5) Up to 4 points will be awarded in respect of the contribution of the children’s programme to the promotion, development and enhancement of one or more of the following—

(a) British creativity;

(b) British heritage; or

(c) diversity.

(6) Up to 5 points will be awarded in respect of the work carried out in the making of the children’s programme as follows—

(a) 4 points if at least 80% of the work carried out on any of the following is carried out in the United Kingdom (unless points are awarded under sub-paragraphs (b) or (c) below, in which case nil)—

(i) principal photography;

(ii) animation shooting;

(iii) visual design;

(iv) layout and storyboarding;

(v) research and development;

(vi) visual effects;

(vii) special effects;

(b) 2 points if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) principal photography;

(ii) animation shooting;

(iii) visual design;

(iv) layout and storyboarding;

(v) research and development;

(vi) special effects;

(c) 2 points if at least 50% of the work carried out on visual effects is carried out in the United Kingdom;

(d) 1 point if at least 50% of the work carried out on any of the following is carried out in the United Kingdom—

(i) performing and recording the music score for the children’s programme;

(ii) voice recording;

(iii) audio post production;

(iv) picture post production.

(7) Up to 8 points will be awarded in respect of the personnel involved in the making of the children’s programme as follows—

(a) 1 point if a director (or, if there are more than three, one of the three lead directors) is a qualifying person;

(b) 1 point if at least one of the scriptwriters (or, if there are more than three, one of the three lead scriptwriters) is a qualifying person;

(c) 1 point if at least one of the producers (or, if there are more than three, one of the three lead producers) is a qualifying person;

(d) 1 point if a composer (or, if there are more than three, one of the three lead composers) is a qualifying person;

(e) 1 point if at least one of the actors or participants (or, if there are more than three, one of the three lead actors or participants) is a qualifying person;

(f) 1 point if at least 50% of the cast are qualifying persons;

(g) 1 point if at least one of the heads of department is a qualifying person;

(h) 1 point if at least 50% of the production crew are qualifying persons.

(8) A children’s programme which is set in, or in which any character or participant is from, an undetermined location is eligible to be awarded points under paragraphs (4)(a)(ii)-(iv) (setting) and (4)(b) (characters or participants) as if that location were in the [F46 United Kingdom or an EEA state F46] , provided that it complies with the following condition.

(9) The condition is that that children’s programme is awarded at least one point under any of—

(a) paragraph (4)(c) (story);

(b) paragraph (4)(d) (language); or

(c) paragraph (5) (culture). F34]

Excluded programmes

5. —(1) A programme must not be certified as a British programme under these Regulations if parts of the programme whose playing time exceeds 10% of the total playing time are derived from a previous programme, unless—

(a) M6 the two programmes have the same television production company or producer; and

(b) the previous programme has not been certified under these Regulations.

(2) The Secretary of State may direct that paragraph (1) does not apply in relation to a programme if in the opinion of the Secretary of State—

(a) it is a documentary within the meaning of section 1216AB(3)(b) of the Act; and

(b) its subject matter makes it appropriate for paragraph (1) not to be applied.

(3) For the purposes of this regulation—

(a) no account may be taken of the programme soundtrack;

(b) “ producer ” means the person by whom the arrangements necessary for the making of a programme are undertaken.

PART 3 Applications for Certification

Applications

M76. —(1) An application under section 1216CC(1) for the certification of a relevant programme (other than a co-production) as a British programme must be made in writing to the Secretary of State.

(2) For the purposes of this regulation—

(a) “ in writing ” includes text which is—

(i) transmitted by electronic means;

(ii) received in legible form; and

(iii) capable of being used for subsequent reference;

(b) M8 “ co-production ” means a programme which passes the cultural test by satisfying the condition in [F47 regulation 3(2)(b), 4(2)(b) or 4A(2)(b) F47] .

Particulars

7. An application in relation to a programme must set out the particulars (where applicable) described in Schedule 2 for that programme.

Evidence

8. —(1) An application must 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 will 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 by any person duly authorised by the company to make the declaration on its behalf.

9. —(1) Where an application for final certification seeks to rely on any point that may be awarded under [F48 any of regulations 3(6), 3(7), 4(6), 4(7), 4A(6) or 4A(7) F48] , the application must be accompanied by a report prepared by a person referred to in paragraph (2) verifying (where applicable) the particulars in paragraphs 17 to 19 of Schedule 2.

M9 (2) The person referred to in this paragraph is a person who is eligible for appointment as a statutory auditor under section 1212 of the Companies Act 2006 and is not and was not at any time while the programme 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.

(3) In this regulation, “ group of companies ” means a company and all other companies which are its subsidiaries within the meaning of section 1159 of the Companies Act 2006.

PART 4 General

10. For the purposes of these Regulations—

(a) a programme is set in the [F49 United Kingdom or an EEA state F49] to the extent that it is set in a country which is now part of the [F49 United Kingdom or an EEA state F49] ;

(b) a programme depicts a British story or a story which relates to [F50 an EEA state F50] if the subject matter of the programme or the underlying material on which the programme is based is British or relates to [F50 an EEA state F50] ;

(c) a person or a character in a programme is from the [F51 United Kingdom or an EEA state F51] if the person or character is a national or resident of the [F51 United Kingdom or an EEA state F51] (or was a national or resident of a country which is now part of the [F51 United Kingdom or an EEA state F51] ).

11. The amount of work that is carried out in the United Kingdom or elsewhere is determined—

(a) for the purposes of [F52 regulations 3(6)(a)(i)(aa), 3(6)(b)(i)(aa), 4A(6)(a)(i), or 4A(6)(b)(i) F52] (principal photography), by reference to the number of days spent on the work;

(b) for the purposes of the rest of [F53 regulations 3(6), 4(6) and 4A(6) F53] (where work carried out), by reference to the amount of expenditure on the work.

12. No points will be awarded under any provision of [F54 regulations 3(6), 4(6) or 4A(6) F54] (where work carried out) in respect of work the expenditure on which is, in the opinion of the Secretary of State, insignificant in relation to the expenditure on all the work carried out in the making of the programme.

Ed Vaisey

Minister of State

Department for Culture, Media and Sport

Address

We approve,

Anne Milton

Mark Lancaster

Two Lords Commissioners of Her Majesty's Treasury

[F55 Regulations 3(2)(b), 4(2)(b), 4A(2)(b) F55]

SCHEDULE 1 INTERNATIONAL AGREEMENTS

The international agreements specified in this Schedule for the purposes of [F56 regulations 3(2)(b), 4(2)(b) and 4A(2)(b) F56] are the agreements made between the UK Government and the Governments of the countries, or the international organisations or authorities, referred to in the first column of the Table on the dates in the second column of the Table and as referred to by the Command Paper numbers in the third column.

[F57 Country/International Organisation/Authority Date of Agreement Command Paper
Australia 12th June 1990 Cm 1758
Brazil 28th September 2012 Cm 9075
Canada 12th September 1975 Cmnd 6380
9th July 1985 Cmnd 9887
5th July 1991 Cm 1807
China 6th December 2016 Cm 9508
Israel 3rd November 2010 Cm 7994
New Zealand 14th April 1993 Cm 2638
Palestinian Liberation Organisation for the benefit of the Palestinian Authority 3rd November 2010 Cm 7995
South Africa 24th May 2006 Cm 6866
28th October 2015 Cm 9158 F57]

Regulation 7

SCHEDULE 2 PARTICULARS

1. Title of the programme.

2. Whether the application relates to a drama, a documentary, [F58 an animation, or a children’s programmeF58] .

3. Total playing time in minutes and seconds of the programme, including credits and titles.

4. Whether the application is for interim or final certification.

5. Whether the programme is intended for broadcast or supply to the general public (as the case may be).

6. Name of the applicant.

7. Address of the applicant's principal place of business.

8. Address of the applicant's registered office.

9. Registered number of the applicant.

10. Date of registration of the applicant.

11. In relation to a drama [F59 or a children’s programmeF59] , the date of the first day of principal photography.

12. Date on which the programme was completed for the purposes of section 1216AA(5) of the Act.

13. A copy of the commissioning agreement.

14. The reasons why it should be considered to be a drama, documentary [F60 , animation, or children’s programmeF60] (as the case may be).

[F61 15. The reasons why any point should be awarded under regulation 3(4) (drama or documentary), 4(4) (animation) or 4A(4) (children’s programme) (as the case may be). F61]

[F62 16. The reasons why any point should be awarded under regulation 3(5) (drama or documentary), 4(5) (animation) or 4A(5) (children’s programme) (as the case may be). F62]

17. If the applicant seeks to rely on regulation 3(6)(a)(i)(aa) [F63 , 3(6)(b)(i)(aa), 4A(6)(a)(i) or 4A(6)(b)(i) F63] , the total number of days of principal photography and the number of days of principal photography carried out in the United Kingdom.

18. If the applicant seeks to rely on any other part of [F64 regulation 3(6), 4(6) or 4A(6) F64] , the total expenditure on such other work and the expenditure on such work as was carried out in the United Kingdom.

19. The nationality or ordinary residence of all the persons mentioned in [F65 regulation 3(7), 4(7) or 4A(7) F65] in relation to whom the applicant is applying for a point to be awarded.

M10 20. Total core expenditure .

M11 21. Total UK expenditure .

22. Total non-UK expenditure by each country the expenditure is carried out in.

23. Other expenditure, meaning all the expenditure on the work carried out in the making of the programme which is not core expenditure.

24. Shooting script in the English language.

25. A complete synopsis or treatment of the screenplay in the English language.

26. Shooting schedule.

27. Production budget.

28. Copy of the chain of title in the programme.

29. The following particulars—

(a) if any part of the programme that is the subject of the application is derived from any previous programme, the playing time in minutes and seconds of that part (the “derived part”) and the combined playing time in minutes and seconds of all derived parts;

(b) the particulars in paragraph (a) are only required in relation to any derived parts which—

(i) do not have the same television production company or producer as the programme that is the subject of the application; or

(ii) are derived from a previous programme that has been certified under these Regulations;

(c) if the applicant seeks to rely on regulation 5(2), the reasons why the subject matter of the documentary makes it appropriate for the Secretary of State to direct that regulation 5(1) does not apply;

(d) for the purposes of sub-paragraph (b)(i), “ producer ” has the same meaning as in regulation 5(3)(b).

Status: There are currently no known outstanding effects for the The Cultural Test (Television Programmes) Regulations 2013.
The Cultural Test (Television Programmes) Regulations 2013 (2013/1831)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(1) inserted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 4(2)(a)(i) (with reg. 2 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F2Words in reg. 2(1) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 4(2)(a)(ii) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3Words in reg. 2(1) inserted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(2) ; 2020 c. 1 , Sch. 5 para. 1(1)inserted
F4Reg. 2(2)(d) and word inserted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 4(2)(b) (with reg. 2 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F5Words in reg. 3(2)(a) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(a) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F6Words in reg. 3(4) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(b)(i) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F7Words in reg. 3(4)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(a) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F8Words in reg. 3(4)(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F9Words in reg. 3(4)(b)(i)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(c) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F10Words in reg. 3(4)(b)(i)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(d) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F11Words in reg. 3(4)(b)(ii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(e) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F12Words in reg. 3(4)(b)(ii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(f) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F13Words in reg. 3(4)(b)(iii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(g) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F14Words in reg. 3(4)(b)(iii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(h) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F15Words in reg. 3(4)(b)(iv) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(i) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F16Words in reg. 3(4)(c) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(j) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F17Words in reg. 3(4)(d) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(b)(ii)(aa) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F18Words in reg. 3(4)(d) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(b)(ii)(bb) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F19Words in reg. 3(4)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(3)(k) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F20Words in reg. 3(4)(d) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(b)(ii)(cc) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F21Words in reg. 3(5) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(c) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F22Reg. 3(6) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(2)(d) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F23Words in reg. 4(4)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(a) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F24Words in reg. 4(4)(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F25Words in reg. 4(4)(b)(i)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(c) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F26Words in reg. 4(4)(b)(i)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(d) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F27Words in reg. 4(4)(b)(ii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(e) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F28Words in reg. 4(4)(b)(ii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(f) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F29Words in reg. 4(4)(b)(iii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(g) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F30Words in reg. 4(4)(b)(iii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(h) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F31Words in reg. 4(4)(b)(iv) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(i) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F32Words in reg. 4(4)(c) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(j) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F33Words in reg. 4(8) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(4)(k) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F34Reg. 4A inserted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 5(3) (with reg. 2 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F35Words in reg. 4A(4)(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(a) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F36Words in reg. 4A(4)(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F37Words in reg. 4A(4)(b)(i)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(c) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F38Words in reg. 4A(4)(b)(i)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(d) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F39Words in reg. 4A(4)(b)(ii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(e) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F40Words in reg. 4A(4)(b)(ii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(f) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F41Words in reg. 4A(4)(b)(iii)(aa) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(g) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F42Words in reg. 4A(4)(b)(iii)(bb) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(h) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F43Words in reg. 4A(4)(b)(iv) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(i) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F44Words in reg. 4A(4)(c) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(j) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F45Words in reg. 4A(4)(d) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(k) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F46Words in reg. 4A(8) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(5)(l) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F47Words in reg. 6(2)(b) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 6(2) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F48Words in reg. 9(1) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 6(3) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F49Words in reg. 10(a) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(6)(a) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F50Words in reg. 10(b) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(6)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F51Words in reg. 10(c) substituted (31.12.2020) by The Cultural Tests (Films, Television Programmes and Video Games) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1105) , regs. 1 , 3(6)(c) ; 2020 c. 1 , Sch. 5 para. 1(1)substituted
F52Words in reg. 11(a) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 6(4) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F53Words in reg. 11(b) substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 6(5) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F54Words in reg. 12 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 6(6) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F55Words in Sch. 1 heading substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 7(2) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F56Words in Sch. 1 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 7(3) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F57Sch. 1 table substituted (15.12.2017) by The Cultural Test (Television Programmes) (Amendment) Regulations 2017 (S.I. 2017/1138) , regs. 1 , 2substituted
F58Words in Sch. 2 para. 2 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(2) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F59Words in Sch. 2 para. 11 inserted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(3) (with reg. 2 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F60Words in Sch. 2 para. 14 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(4) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F61Sch. 2 para. 15 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(5) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F62Sch. 2 para. 16 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(6) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F63Words in Sch. 2 para. 17 inserted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(7) (with reg. 2 )this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted
F64Words in Sch. 2 para. 18 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(8) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F65Words in Sch. 2 para. 19 substituted (23.7.2015) by The Cultural Test (Television Programmes) (Amendment) Regulations 2015 (S.I. 2015/1449) , regs. 1 , 8(9) (with reg. 2 )this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
M12009 c.4 . Part 15A of the Act, which contain sections 1216CB and 1216CC(7), was inserted by Schedule 16 to the Finance Act 2013 (c.29) .
M2“Drama” is defined in section 1216AC(2) of the Act.
M3“Relevant programme” is defined in section 1216AB of the Act.
M4“Qualifying co-production” is defined in section 1216AI(a) of the Act.
M5“Qualifying co-production” is defined in section 1216AI(a) of the Act.
M6The meaning of “television production company” is set out in section 1216AE of the Act.
M7“Relevant programme” is defined in section 1216AB of the Act.
M8The meaning of “ cultural test ” in relation to a programme is set out in section 1216CB(2) of the Act.
M92006 c.46 .
M10“Core expenditure” is defined in section 1216AG(3) of the Act.
M11“UK expenditure” is defined in section 1216AH of the Act.
Defined TermSection/ArticleIDScope of Application
castreg. 2. of PART 1legTermclZSMOQB
co-productionreg. 6. of PART 3legTermTsgdheoo
derived partpara SCHEDULE 2(the_“_prnq3RyA
group of companiesreg. 9. of PART 3legTermFx0DdMNk
heads of departmentreg. 2. of PART 1legTermbjifyUSV
Heads of departmentreg. 2. of PART 1legTermmBxWhUCK
in writingreg. 6. of PART 3legTermK0Snanhq
participantreg. 2. of PART 1legTermBzUjJBlY
producerpara SCHEDULE 2legTerm8UNNaWeH
producerreg. 5. of PART 2legTermlkZRDWUB
production crewreg. 2. of PART 1legTermeY3x4xyY
programmereg. 2. of PART 1legTerm2v7YzTt4
qualifying personreg. 2. of PART 1legTermwOQJH7xa
recognised regional or minority languagereg. 2. of PART 1legTerme8kAlza0
special effectsreg. 2. of PART 1legTermBU9Zo030
the Actreg. 2. of PART 1legTermfuBd2p4y
visual effectsreg. 2. of PART 1legTermMSOlyblR
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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