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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.
© 1959 Crown Copyright
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