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CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - LONG TITLE

An Act to extend and amend the Cinematograph Act, 1909, and, as
respects cinematograph entertainments, to modify the enactments
relating to music and dancing licences, and for purposes connected
with those matters.
[15th December 1959]
Extension of 1909 c.30 to cinematograph exhibitions using
non-inflammable films or television, etc.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 1

1. Subject to section seven of the Cinematograph Act, 1909 (in this
Act referred to as "the Act of 1909"), and to the exemptions
hereinafter provided, that Act and, except so far as they otherwise
provide, any regulations made thereunder shall apply as respects all
cinematograph exhibitions, whether given by means involving the use
of inflammable films or non-inflammable films, or by means not
involving the use of films.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 2
Exercise and scope of power to make regulations under Act of 1909.

2.(1) The power of the Governor to make regulations under the Act
of 1909 shall be exercisable by the Minister of Home Affairs (in
this Act referred to as "the Minister") and accordingly, for
references in that Act to, or which are to be construed as
references to, the Governor, there shall be substituted references to
the Minister of Home Affairs.

(2) The said power shall be exercisable in respect of

(a)safety, in connection with the giving of cinematograph exhibitions
(including the keeping and handling, in premises where other
entertainments are being given or meetings held, of cinematograph
film used or to be used for the purposes of cinematograph
exhibitions or other articles or equipment so used or to be used);

(b)the health and welfare of children in relation to attendance at
cinematograph exhibitions.

(3) Regulations under the Act of 1909 shall be subject to negative
resolution.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 3
Provisions as to conditions in licences.

3.(1) It shall be the duty of the licensing authority, in granting
a licence under the Act of 1909 as respects any premises

(a)to impose conditions or restrictions prohibiting the admission of
children to cinematograph exhibitions involving the showing of works
designated, by the licensing authority or such other body as may be
specified in the licence, as works unsuitable for children; and

(b)to determine what, if any, conditions or restrictions shall be
imposed as to the admission of children to other cinematograph
exhibitions involving the showing of works designated by the
authority or such other body as aforesaid as of such other
description as may be specified in the licence.

(2) Neither section two nor sub-section (1) shall be construed as
derogating from the generality of the power of the licensing
authority, as respects any premises, to impose conditions or
restrictions.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 4
Control of cinematograph exhibitions for children.

4.(1) Subject to the provisions of this Act, no premises shall be
used, except with the consent of the licensing authority, for a
cinematograph exhibition organised wholly or mainly as an exhibition
for children.

(2) Subject to the regulations of the Minister under the Act of
1909, and without prejudice to any conditions or restrictions imposed
by the licensing authority on the granting of a licence, the
authority may impose special conditions or restrictions on the
granting of any consent under this section.

(3) Sub-sections (2) to (5) of section two of the Act of 1909
(which contain supplemental provisions as to licences) shall apply,
with the necessary modifications, for the purposes of this section
as they apply for the purposes of that section; and sections three
and four of that Act (which impose penalties and confer powers of
entry for purposes of inspection) shall have effect as if references
to that Act included references to this section and references to
licences included references to consents.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 5
Exceptions for non-commercial exhibitions.

5.(1) Subject to sub-section (2), the following exemptions shall have
effect in the case of cinematograph exhibitions (in this section
referred to as "exempted exhibitions") to which the public are not
admitted or to which the public are admitted without payment:

(a)a licence under the Act of 1909 shall not be required by reason
only of the giving of an exempted exhibition, and for the purposes
of sub-section (2) of section seven of that Act (which exempts
premises used only occasionally for cinematograph exhibitions) the
giving in any premises of an exempted exhibition shall be
disregarded;

(b)section four shall not apply to an exempted exhibition;

(c)regulations made by the Minister under the Act of 1909, being
regulations made by virtue of paragraph (b) of sub-section (2) of
section two of this Act, shall not apply in relation to an
exempted exhibition, and regulations made by the Minister under that
Act, being regulations made by virtue of paragraph (a) of the said
sub-section (2), shall not apply in relation to an exempted
exhibition unless given in premises in respect of which a licence
under the Act of 1909 is in force;

(d)in connection with the giving of an exempted exhibition in
premises in respect of which a licence under the Act of 1909 is
in force no condition or restriction on or subject to which the
licence was granted shall apply except in so far as it relates to
the matters specified in paragraph (a) of sub-section (2) of section
two.

(2) Without prejudice to paragraph (d) of sub-section (1), paragraph
(a) of that sub-section shall not have effect in the case of
exhibitions where the pictures are produced by means specified by
regulations of the Minister under the Act of 1909 as means
involving risk such that it is inexpedient that paragraph (a) of
sub-section (1) should have effect.

(3) For the purposes of this section an exhibition shall not be
treated as an exempted exhibition if organised wholly or mainly as
an exhibition for children who are members of a club, society or
association the principal object of which is attendance at
cinematograph exhibitions, so, however, that this sub-section shall
not apply to any exhibition given in a private dwelling-house or
any exhibition given as part of the activities of an educational or
religious institution.

(4) Subject to sub-sections (3) and (5), an exhibition given by an
exempted organisation in any premises shall be treated for the
purposes of this section as an exempted exhibition, notwithstanding
payment for admission thereto.

(5) An exhibition shall not be treated for the purposes of this
section as an exempted exhibition by virtue of sub-section (4) if
on more than three out of the last preceding seven days the
premises in question were used for the giving of a cinematograph
exhibition which fell to be treated as an exempted exhibition by
virtue of sub-section (4).

(6) In sub-section (4) "exempted organisation" means a society,
company, institution, committee or other organisation as respects
which there is in force at the time of the exhibition in question
a certificate of the Ministry of Home Affairs certifying that that
Ministry is satisfied that the organisation is not conducted or
established for profit.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 6
Appeals.

6.(1) Any person aggrieved

(a)by the refusal or revocation of a licence under the Act of 1909
or of a consent under section four; or

(b)by any terms, conditions and restrictions on or subject to which
any such licence or consent is granted;

(2) Where the decision against which the appeal is brought is given
on an application of which (in accordance with sub-section (4) of
section two of the Act of 1909) notice was required to be given
to a county inspector, any notice of an appeal under this section
against that decision shall be given to that inspector as well as
to any other person to whom it is required to be given apart from
this sub-section.

(3) Where a licence under the Act of 1909, or a consent under
section four, is revoked, the licence or consent shall be deemed to
remain in force during the period within which an appeal under this
section may be brought and, if such an appeal is brought, until
the determination or abandonment of the appeal.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 7
Music and dancing licences not required for cinematograph exhibitions.

7.(1) A licence shall not be required for any premises under any
enactment for the regulation of places kept or ordinarily used for
public dancing, singing, music, boxing or other public entertainment
of the like kind by reason only of the giving of a cinematograph
exhibition which includes representations of persons boxing or of
persons playing music, dancing or singing or which otherwise includes
or is accompanied by music.

(2) For the purposes of this section any music played in any
premises by way of introduction to, in any interval between parts
of, or by way of conclusion of, a cinematograph exhibition or in
the interval between two cinematograph exhibitions shall be treated
as music accompanying the exhibition or exhibitions, as the case may
be, if the total time taken by music so played on any day amounts
to less than one-quarter of the total time taken by the
cinematograph exhibition or exhibitions given in the premises on that
day.

S.8, with Schedule, effects amendments

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 9
Interpretation.

9. In this Act

"the Act of 1909" has the meaning assigned to it by section one;

"child" means a person under the age of sixteen;

"cinematograph exhibition" means an exhibition of moving pictures
produced on a screen by means which include the projection of
light;

"licensing authority", in relation to any premises, means the
authority which for the time being has power to grant licences for
the premises under section two of the Act of 1909;

"the Minister" has the meaning assigned by section two.

CINEMATOGRAPH ACT (NORTHERN IRELAND) 1959 - SECT 10
Short title, citation and commencement.

10.(1) This Act may be cited as the Cinematograph Act (Northern
Ireland), 1959, and the Act of 1909 and this Act may be cited
together as the Cinematograph Acts (Northern Ireland), 1909 and 1959.

(2) Commencement

ScheduleAmendments