Guidance

Film & TV Production Restart Scheme: scheme rules

Updated 13 April 2023

1. Introduction

This document sets out the rules of a scheme (the “Scheme Rules”) to be known as the Film and Television Production Restart Scheme (the “Scheme”).

2. Definitions and Interpretation

These Scheme Rules are to be interpreted in accordance with paragraph 2 of Annex 1 (Definitions and interpretation) and capitalised terms used in these Scheme Rules have the meaning given to them in paragraph 1 of Annex 1 (Definitions and interpretation).

3. Description of the Scheme

3.1 In response to the national lockdown measures introduced to contain the COVID-19 pandemic in early 2020, film and television production within the UK ceased to a significant extent, with many production businesses suffering significant losses as a result of delaying or abandoning existing and planned productions. Following the subsequent easing of these lockdown measures, many producers were unable to restart or, for new productions, commence production due to the lack of availability of insurance coverage for COVID-19 related risks, which prevented them from accessing funding from their finance provider(s).

3.2 The objective of the Scheme is therefore to support the film and television industry to restart production in the UK, by making direct compensation available to eligible film and television producers that incur losses during the course of producing eligible productions as a result of certain COVID-19 related risks, in respect of which they would otherwise be unable to self-insure or access insurance or indemnity in the commercial market on commercially viable terms. The Scheme will be available to new eligible productions (which have been unable to meaningfully commence production).

3.3 The Scheme is to be established by the Secretary of State for Digital, Culture, Media and Sport (“DCMS”) and DCMS will meet all payment commitments under the Scheme under section 8 of the Industrial Development Act 1982.

4. Scheme commencement

The Scheme shall commence and open for the registration of Eligible Participants on 16 October 2020 (the “Launch Date”).

5. State aid

To the extent that DCMS has provided unlawful State aid (under the laws of the European Union or any other applicable law) to any Eligible Participant under or in connection with the Scheme, DCMS may (as required by applicable law) by notice in writing require that Eligible Participant to repay to DCMS such aid, together with interest calculated thereon in accordance with the requirements of applicable law.

6. Compensation available

6.1 All compensation available under the Scheme is provided at the sole and absolute discretion of DCMS, whose decision in these matters shall be final and binding. These Scheme Rules shall not, under any circumstances, be construed as implying that any contract of insurance exists between any person and DCMS or that any compensation available under the Scheme is not discretionary.

6.2 Subject to Rules 16 (Excess), 17 (Production Limit) and 18 (Scheme Limit), DCMS may, in relation to each Request, determine whether or not to provide any compensation to an Eligible Participant under the Scheme and, in doing so, may have regard to the information provided under Rule 24 (Provision of information) and to such other factors as DCMS considers to be relevant to this determination.

7. Eligible Participant

7.1 The Scheme will be available to any producer (or co-producer) of an Eligible Production that is either:

(A) an incorporated entity that is resident solely in the UK or an EEA State for tax purposes (but excluding, for the avoidance of doubt, a permanent establishment of such an entity that is located in a Non-EEA State and whose profits, or any part thereof, are subject to tax in that Non-EEA State); or

(B) a partnership, provided that all of the profits of the business carried on by the partnership are subject to tax in the UK or one or more EEA States, (each, an “Eligible Participant”).

7.2 In order to make a Request under the Scheme, an Eligible Participant must have successfully completed the registration process described in Rule 19 (Registration) by the Registration Cut-Off Date in respect of the Eligible Production to which the Request relates. In the case of an Eligible Production that is produced by an Eligible Participant and one or more other persons (each, a “Co-producer”), only one application for registration to the Scheme may be made in respect of such Eligible Production by a single Eligible Participant and such Eligible Participant will be required to register the interests of all of the other Co-producers of that Eligible Production who are also Eligible Participants and wish to utilise the Scheme in respect of the Eligible Production.

8. Eligible Productions

8.1 An Eligible Participant may apply to register and make a Request under the Scheme in respect of any Pre-Existing Production or New Production that:

(A) is produced solely by that Eligible Participant or by that Eligible Participant and one or more Co-producers (whether or not such Co-producers are Eligible Participants);

(B) will incur at least fifty per cent. (50%) of the Production Budget on UK Expenditure;

(C) meets the Cultural Test in accordance with Rule 8.2 below;

(D) meets the Commercial Viability Criteria; and

(E) is not an Excluded Production,

(an “Eligible Production”).

8.2 Compliance with the Cultural Test will:

(A) in circumstances where the Eligible Participant has made a successful application in respect of the Eligible Production for UK Corporation Tax High-end Television, Animation, Children’s Television or Film Tax Relief, be evidenced through the submission by the Eligible Participant as part of the registration process of a copy of the interim certificate issued by the BFI, certifying the Eligible Production as “British” for the purposes of the applicable cultural test for such tax relief; and

(B) in all other circumstances, be self-assessed by the Eligible Participant in accordance with Annex 2 and the Eligible Participant will be required as part of the registration process to submit a declaration signed by a duly authorised representative of the Eligible Participant which confirms that the Eligible Production meets the Cultural Test. This declaration may be subject to verification by DCMS and shall constitute a representation made by the Eligible Participant, on which DCMS will place reliance.

9. Commercial Viability Criteria

9.1 Each Eligible Production must meet the following requirements (the “Commercial Viability Criteria”):

(A) the Eligible Participant is not able to obtain insurance cover for COVID-19 Risks under any insurance policy entered into in respect of the production (if applicable) and, in any event, the Eligible Participant has sought to secure insurance cover for COVID-19 Risks in respect of the production either: (i) through one regulated insurance broker; or (ii) directly, through at least two regulated insurers, and in either case its request(s) for such insurance cover have been rejected or the only insurance cover that was offered was not on commercially viable terms;

(B) the Eligible Participant is unable to obtain cover for COVID-19 Risks on commercially viable terms pursuant to a Group Insurance Policy, Self-Insurance Structure or any alternative compensation or insurance scheme or fund established in any territory outside of the UK for purposes similar to those of the Scheme;

(C) the Eligible Participant has obtained insurance cover in respect of the production from a regulated insurer on arms’ length commercial terms for all risks that would customarily be insured against for such a production other than COVID-19 Risks or the terms of such insurance cover have been agreed with such an insurer in principle such that the Eligible Participant will be in a position to (and shall) put such cover in place immediately after confirming its registration for the Scheme;

(D) the Eligible Participant has in place a Production Contract in respect of the production; and

(E) either:

(i) solely due to the Eligible Participant’s inability to obtain cover for COVID-19 Risks (as described in Rules 9.1(A) and 9.1(B)), the Eligible Participant has been unable to secure approval from the commissioning broadcaster to release any part of the agreed licence fee or the agreement of any other provider of finance to release, on customary terms, financing pertaining to its agreed share of the Production Budget and has, therefore, been unable to commence or restart Principal Photography (as applicable); or

(ii) the Eligible Participant has been able to restart or commence Principal Photography (as applicable) after the Effective Date by securing approval from the commissioning broadcaster to release any part of the agreed licence fee or the agreement of any other provider of finance to release, on customary terms, financing pertaining to its agreed share of the Production Budget, in either case in reliance on anticipated eligibility for the Scheme.

9.2 A duly authorised representative of the Eligible Participant will be required to submit, on behalf of the Eligible Participant, a declaration confirming that the requirements of the Commercial Viability Criteria are met in respect of the relevant production as part of the registration process for the Scheme pursuant to Rule 19 (Registration). Such declaration shall constitute a representation made by the Eligible Participant, on which DCMS will place reliance.

9.3 The Commercial Viability Criteria will be self-assessed by the Eligible Participant in respect of any production with a Production Budget of less than £30 million and evidenced through the declaration signed by the duly authorised representative of the Eligible Participant. This self-assessment may be reviewed and subject to verification by DCMS to confirm that the Commercial Viability Criteria have been met, using information requested from and provided by the Eligible Participant (including, but not limited to, the Production Budget, information on any finance provider(s) and the description of the production).

9.4 With respect to any production with a Production Budget of £30 million or more, the assessment of the Commercial Viability Criteria will be carried out by DCMS and the Eligible Participant will be required to submit to DCMS additional documentary evidence demonstrating that each of the relevant requirements has been met, including, but not limited to:

(A) relevant correspondence with the provider(s) of any existing insurance policy in respect of the production (if applicable) and with the regulated insurance broker or the two regulated insurers (as applicable) from whom cover for COVID-19 Risks was sought by the Eligible Participant in accordance with Rule 9.1(A));

(B) documentary evidence demonstrating that the production is not, for the purposes of Rule 9.1(B), included in the scope of any Group Insurance Policy or Self-Insurance Structure and is not eligible to participate in any alternative compensation or insurance scheme or fund established in any territory outside of the UK for purposes similar to those of the Scheme;

(C) formal notifications from the commissioning broadcaster and/or finance provider(s) (as applicable) evidencing that:

(i) the production was not able to commence or restart (as applicable) as a result of the Eligible Participant’s inability to obtain cover for COVID-19 Risks (as described in Rules 9.1(A) and 9.1(B)); or

(ii) the production was able to commence or restart (as applicable) after the Effective Date on the basis of anticipated eligibility for the Scheme; and

(D) any other documentation requested by DCMS that might reasonably evidence that the Eligible Production meets the Commercial Viability Criteria (or any individual limb of such criteria).

9.5 With respect to any production with a Production Budget of £30 million or more and unless otherwise agreed with DCMS, it shall be assumed that the Commercial Viability Criteria are not met if such production continued to be filmed during the period beginning on 24 March 2020 and ending on the Effective Date.

9.6 Where a production is produced by two or more Co-producers, references to the “Production Budget” in Rules 9.3 to 9.5 above shall mean the value of the aggregate of the Financial Interests of each Co-producer who is an Eligible Participant and wishes to utilise the Scheme in respect of the production, as initially declared at the time of registration for the Scheme in accordance with Rule 19.9.

10. Excluded Productions

The following types of production will not be eligible to participate in the Scheme (each, an “Excluded Production”):

(A) productions involving the reporting or discussion of news or current affairs, which are broadcast live;

(B) productions that provide coverage of live events (including sport) or theatrical, musical or artistic performances given otherwise than for the purpose of being filmed (or that would typically be so given, but for social distancing measures introduced in response to the COVID-19 pandemic);

(C) productions that are filmed (whether in whole or in part) in front of a paying live audience;

(D) productions that are advertisements or other promotional programmes;

(E) productions that are produced for training purposes that will not be publicly broadcast; and

(F) productions that are Pornographic in nature.

11. Social Commitments

11.1 An Eligible Participant must at all times comply with the following social commitments in respect of an Eligible Production that is a New Production (each a “Social Commitment” and together the “Social Commitments”):

(A) not to employ individuals on unpaid internships on the Eligible Production;

(B) to ensure that all employees and contractors of the Eligible Participant engaged on the Eligible Production are paid the National Living Wage;

(C) to consider meaningfully how the Eligible Participant can:

(i) where the Eligible Production is of a feature film, meet at least two of the BFI’s Diversity Standards and Set of Principles to Tackle and Prevent Bullying, Harassment and Racism in the Screen Industries;

(ii) where the Eligible Production is of a series or television programme, meet any relevant requirements or policies relating to diversity, bullying, harassment and racism published by the commissioning broadcaster of the Eligible Production; or

(iii) if the Eligible Participant is not reasonably able to meet the criteria described in (i) or (ii) above (as applicable), develop and implement its own policies to promote diversity and tackle bullying, harassment and racism in the workplace and apply them to the Eligible Production;

(D) to publish on the Eligible Participant’s website the Eligible Participant’s diversity targets and policies on bullying, harassment and racism in the workplace;

(E) if the Eligible Participant will benefit from UK Corporation Tax High-end Television Tax Relief or Film Tax Relief in respect of the Eligible Production, meaningfully to consider making payments into the appropriate ScreenSkills funds;

(F) to explore meaningfully the possibility of offering ScreenSkills or equivalent recognised training, organisation placements on shoots, or upskilling to the workforce engaged on the Eligible Production.

11.2 Compliance with the Social Commitments in respect of any Eligible Production that is a New Production will be self-assessed by the Eligible Participant as part of the registration process and must be monitored by the Eligible Participant on an ongoing basis.

11.3 In respect of any Eligible Production that is a Pre-Existing Production, the Eligible Participant shall, prior to registration for the Scheme, consider meaningfully how the Social Commitments might be implemented in respect of such Eligible Production and shall, to the extent that it is commercially reasonable to do so, use reasonable efforts to so implement the Social Commitments in respect of such Eligible Production and comply with any Social Commitments so implemented on an ongoing basis.

11.4 An Eligible Participant that wishes to register any Eligible Production that is a Pre-Existing Production for the Scheme will be required as part of the registration process to provide to DCMS details of how the Eligible Participant has complied with and/or proposes to comply with its obligations under Rule 11.3.

11.5 DCMS may amend or update the Social Commitments from time to time during the Scheme Period. If, following registration of an Eligible Production for the Scheme by an Eligible Participant, the Social Commitments are subsequently amended by DCMS, the Eligible Participant shall consider meaningfully how the amended Social Commitments might be implemented in respect of such Eligible Production and shall, to the extent that it is commercially reasonable to do so, use reasonable efforts to so implement the amended Social Commitments in respect of such Eligible Production.

11.6 The provision of compensation to an Eligible Participant in respect of an Eligible Production shall be conditional upon the Eligible Participant’s compliance with its obligations under this Rule 11. DCMS reserves the right to: (i) refuse any Request made by an Eligible Participant; and/or (ii) require the return of any monies paid to an Eligible Participant pursuant to a Request under the Scheme, in respect of any Eligible Production where there has been a material or persistent failure by the Eligible Participant to comply with its obligations under this Rule 11.

12. Eligible Losses

Eligible Participants may only apply for compensation under the Scheme in respect of Cast Losses and Civil Authority Losses that are incurred on or after the Effective Date but prior to the Closure Date (together, the “Eligible Losses” and each an “Eligible Loss”).

13. Testing Requirement

Compensation in respect of Cast Losses or losses falling within limb (B) of the definition of Civil Authority Losses will only be provided under the Scheme to an Eligible Participant if the Eligible Participant is able to provide evidence in a form reasonably satisfactory to DCMS that in respect of each individual to whom the relevant Losses relate:

(A) a Test approved for use by the MHRA (or, if the individual is outside of the UK, by the equivalent competent authority in the relevant jurisdiction where the individual is situated) was either: (i) self-administered by the individual after being received via post from the National Health Service (or equivalent competent authority in the relevant jurisdiction where the individual is situated); or (ii) administered to the individual by a healthcare professional who was qualified to administer and had been appropriately trained to carry out such a Test, as soon as reasonably practicable (but in any event within the period of 48 hours) following the onset of the relevant individual’s COVID-19 symptoms or the individual otherwise being required to self-isolate or quarantine;

(B) all reasonable steps were taken by the Eligible Participant to ensure that the results of the test were obtained as soon as practicable thereafter; and

(C) in circumstances where the test result delivered was negative for COVID-19, the Eligible Participant ensures that the relevant individual commenced or continued (as applicable) their duties in the production as soon as practicable thereafter.

14. BFC and PACT Guidance

14.1 An Eligible Participant must at all times comply with the BFC Safety Guidelines or the equivalent published guidance from PACT in respect of an Eligible Production.

14.2 The provision of compensation to an Eligible Participant in respect of an Eligible Production shall be conditional upon the Eligible Participant’s compliance with its obligations under this Rule 14. DCMS reserves the right to: (i) refuse any Request made by an Eligible Participant; and/or (ii) require the return of any monies paid to an Eligible Participant pursuant to a Request under the Scheme, in respect of any Eligible Production where there has been a material or persistent failure by the Eligible Participant to comply with its obligations under this Rule 14.

15. Exclusions

15.1 No compensation in respect of Eligible Losses will be provided to an Eligible Participant under the Scheme to the extent that:

(A) the Eligible Losses are incurred by or are otherwise contractually the financial responsibility of a Co-producer of the relevant Eligible Production and not such Eligible Participant;

(B) such Eligible Losses are recoverable by the Eligible Participant under any compensation or insurance scheme or fund established in any territory outside of the UK for purposes similar to those of the Scheme;

(C) such Eligible Losses are recoverable by the Eligible Participant under an Existing Insurance Arrangement;

(D) the Eligible Losses relate to an Eligible Production (or where the Eligible Production is of a series, the current series of that Eligible Production) which had not meaningfully commenced Principal Photography by 23:59 on 5 May 2022 by completing at least: (i) 5 days; or (ii) 20 per cent. (20%) of the total number of days of filming scheduled for the Eligible Production,

(whichever is the lower) prior to such date, unless the failure to complete such period of Principal Photography was due to the interruption, delay or abandonment of the Eligible Production solely for a reason set out in limbs (A) or (B) of the definition of Cast Losses or in limbs (A), (B) or (C) of the definition of Civil Authority Losses and, in each such case, all reasonable steps were taken to reschedule or complete such period of Principal Photography before 23:59 on 5 May 2022, in which case this exclusion shall not apply;

(E) the Eligible Losses relate to an Eligible Production (or where the Eligible Production is of a series, the current series of that Eligible Production) in respect of which Principal Photography had been paused due to production scheduling or public holidays and was originally scheduled to continue in 2021 or 2022, but such Principal Photography had not resumed within 8 weeks of the date on which it first commenced, unless such failure to resume Principal Photography was due to the interruption, delay or abandonment of the Eligible Production solely for a reason set out in limbs (A) or (B) of the definition of Cast Losses or in limbs (A), (B) or (C) of the definition of Civil Authority Losses and, in each such case, all reasonable steps were taken to resume Principal Photography before 23:59 on 5 May 2022, in which case this exclusion shall not apply; or

(F) a request for compensation in respect of the Eligible Loss was not submitted by the Eligible Participant in accordance with Rule 23 (Requests for Compensation) by the Request Cut-Off Date (unless otherwise determined by DCMS, in circumstances where DCMS considers that the Request could not reasonably have been made prior to the Request Cut-Off Date).

15.2 No compensation in respect of Cast Losses will be provided to an Eligible Participant under the Scheme in respect of an Eligible Production in circumstances where the relevant individual to whom the Cast Losses relate:

(A) was over seventy (70) years of age at the time the relevant Cast Losses were incurred, unless the Eligible Participant has obtained a Specific Age Extension in respect of the relevant individual in accordance with the procedure described in Annex 4 (Specific Age Extension);

(B) was in material breach of UK Civil Authority Restrictions or Overseas Authority Restrictions (as were then applicable to the relevant individual in the jurisdiction within which the individual was situated) at or around the time of contracting COVID-19, other than as was reasonably required in the performance of his or her duties whilst on the set of the Eligible Production, provided that he or she was at all times acting in material compliance with the applicable BFC Safety Guidelines or the equivalent published guidance from PACT; or

(C) was in material breach of applicable BFC Safety Guidelines or the equivalent published guidance from PACT at or around the time of contracting COVID-19; or

(D) is prevented or hindered from performing his or her duties as a result of an illness, infection or condition unrelated to COVID-19.

15.3 No compensation in respect of Losses falling within limb (B) of the definition of Cast Losses will be provided to an Eligible Participant under the Scheme in respect of an Eligible Production in circumstances where:

(A) the Eligible Participant failed to declare to DCMS (in accordance with the applicable procedure described in Rules 19.6 to 19.8) the full name of the relevant Named Person to whom the Losses relate, prior to such Losses being incurred; or

(B) the Eligible Participant declared more than five (5) persons as Named Persons at the time of registering the Eligible Production for the Scheme, in breach of the requirements of Rule 19.6.

15.4 No compensation in respect of Civil Authority Losses will be provided to an Eligible Participant under the Scheme in respect of an Eligible Production:

(A) to the extent that such Civil Authority Losses arise as a result of, or are otherwise increased by, any restriction imposed by a UK Civil Authority on international travel between the UK (or any part of it) and any other jurisdiction, including any quarantine or social distancing measures imposed by a UK Civil Authority on persons or property following their entry into the UK from any other jurisdiction;

(B) in respect of losses falling within limbs (A) and (C) of the definition of Civil Authority Losses, to the extent that such Civil Authority Losses arise as a result of, or are otherwise increased by, any action taken by any Overseas Authority or any Overseas Authority Restrictions; or

(C) in respect of losses falling within limb (B) of the definition of Civil Authority Losses, in circumstances where the individual to whom such Losses relate:

(i) was in material breach of applicable UK Civil Authority Restrictions or Overseas Authority Restrictions (as were then applicable to the relevant individual in the jurisdiction within which the individual was situated) at or around the time of the individual becoming subject to a requirement to self-isolate or the individual contracting COVID-19, other than as was reasonably required in the performance of his or her duties whilst on the set of the Eligible Production, provided that the relevant individual was at all times acting in material compliance with the applicable BFC Safety Guidelines or the equivalent published guidance from PACT; or

(ii) was in material breach of applicable BFC Safety Guidelines or the equivalent published guidance from PACT at or around the time of contracting COVID-19 or otherwise being required to self-isolate.

15.5 Each Eligible Participant must exercise due diligence and take all reasonable steps and precautions to avoid or diminish any Eligible Loss or any circumstances likely to give rise to an Eligible Loss by taking all reasonable steps to continue work on the Eligible Production, including, so far as is reasonably practicable in the circumstances:

(A) the making of adjustments to the planned production schedule of the Eligible Production; and/or

(B) the substitution or replacement (whether temporary or permanent) of any individual that has been necessarily hindered from commencing, continuing or completing their role(s) in the Eligible Production.

15.6 If an Eligible Participant materially fails to comply with its obligations under Rule 15.5, the value of any compensation payable to the Eligible Participant in respect of the Request to which the Eligible Participant’s failure relates will be reduced by DCMS to the same extent as the Eligible Losses of the Participant were increased by such failure.

15.7 If, after a payment of compensation in respect of an Eligible Loss has been made to an Eligible Participant pursuant to a Request under the Scheme, the Eligible Participant subsequently is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party any sum which indemnifies or compensates the Eligible Participant (in whole or in part) for the Eligible Loss that was the subject matter of the Request, the Eligible Participant shall promptly notify DCMS and procure that all steps are taken as DCMS may reasonably require to enforce such recovery and shall repay to DCMS, as soon as reasonably practicable after receipt, an amount equal to any sum recovered from such third party less any costs and expenses incurred by the Eligible Participant in obtaining such recovery.

16. Excess

Subject to paragraph 5 of Annex 4 (Specific Age Extension), compensation under the Scheme shall only be provided to an Eligible Participant in respect of a Request where the value of all Eligible Losses of the Eligible Participant in respect of which the Request is made in aggregate exceeds the value of the applicable Retention and then only in the sum that such Eligible Losses exceed the value of such Retention.

17. Production Limit

17.1 Without prejudice to Rule 16 (Excess), compensation under the Scheme shall only be provided to an Eligible Participant in respect of Eligible Losses relating to an Eligible Production up to and including the following values:

(A) for Cast Losses relating to the interruption, postponement or abandonment of the Eligible Production following the death or critical illness of the Immediate Family Member of a Named Person resulting from COVID-19, the Losses incurred in respect of five (5) consecutive days of production;

(B) in respect of any other interruption or postponement of the Eligible Production, twenty per cent. (20%) of the Production Budget of the Eligible Production or (if the Eligible Participant is a Co-producer) twenty per cent. (20%) of that Eligible Participant’s Financial Interest in the Eligible Production; and

(C) in respect of any other abandonment of the Eligible Production, seventy per cent. (70%) of the Production Budget of the Eligible Production or (if the Eligible Participant is a Co-producer) seventy per cent. (70%) of that Eligible Participant’s Financial Interest in the Eligible Production, subject to a maximum value of compensation, per Eligible Production, of £5 million (the “Production Limit”).

17.2 Where an Eligible Production is co-produced by more than one Eligible Participant and the value of the Eligible Losses of such Eligible Participants in aggregate exceed the Production Limit, then any compensation to be paid by DCMS in respect of such Eligible Losses shall be allocated between the Eligible Participants pro rata on the basis of their respective Financial Interests in the Eligible Production.

18. Scheme Limit

18.1 The aggregate value of compensation available under the Scheme to meet all Requests shall be £500 million (the “Scheme Limit”).

18.2 If DCMS (in its sole and absolute discretion) determines that the aggregate value of estimated claims payable under the Scheme in respect of Requests is nearing the Scheme Limit, DCMS may (in its sole and absolute discretion) close the Scheme to new registrations and/or review the value of the Scheme Limit.

19. Registration

19.1 The Scheme shall open for the registration of Eligible Productions by Eligible Participants on the Launch Date and shall close to new registrations on the Registration Cut-Off Date.

19.2 DCMS shall be responsible for processing all applications made by Eligible Participants and registering Eligible Productions for the Scheme.

19.3 In the case of an application for registration made on or after 1 April 2021, an Eligible Participant must apply to register an Eligible Production for the Scheme before Principal Photography has meaningfully commenced, by completing at least: (1) 5 days; or (ii) 20 per cent (20%) of the total number of days of filming scheduled for the Eligible Production, whichever is lower.

19.4 In order to register an Eligible Production for the Scheme, an Eligible Participant must submit an application in accordance with the process defined by DCMS, setting out the details of the production and how the production satisfies the Eligibility Criteria.

19.5 An Eligible Participant will also be required as part of the application process for the Scheme to declare to DCMS (and, if requested by DCMS, provide evidence of) the Production Budget of the Eligible Production, including full details of any Applicable Deductions applied.

19.6 If the Eligible Participant wishes to be able to request compensation under the Scheme for any Losses falling within limb (B) of the definition of Cast Losses in respect of an Eligible Production, the Eligible Participant must declare to DCMS at the time of registering the Eligible Production for the Scheme:

(A) the full names of ; or

(B) in circumstances where one or more of the relevant positions in the Eligible Production have not been cast at the time of registration for the Scheme, the full job titles of such positions to be filled by,

up to five (5) persons, in respect of whom the Eligible Participant wishes to be able to request compensation for such Losses, and each such person must be either a key cast member or a director of the Eligible Production (each a “Named Person” and together the “Named Persons”).

19.7 If an Eligible Participant declares to DCMS the full job title of the position to be filled by a Named Person in accordance with Rule 19.6(B), the Eligible Participant must provide DCMS with the full name of that Named Person as soon as the relevant position is filled, and, in any event, within two (2) Business Days of that Named Person entering into a contractual arrangement to fill such position.

19.8 If, after an Eligible Participant has registered for the Scheme, a person ceases to qualify as a Named Person as a result of ceasing to have any duties in relation to the Eligible Production, DCMS may, in its sole and absolute discretion, permit such Eligible Participant to nominate an additional person as a Named Person in respect of the Eligible Production, provided that the Eligible Participant:

(A) submits its request to nominate another Named Person to DCMS in writing and provides an explanation of the reasons for the requested change;

(B) produces such evidence as DCMS might require to make its determination; and

(C) declares the full name of any person proposed to be so nominated.

19.9 Where the Eligible Participant is applying to register an Eligible Production that will be produced by two or more Co-producers, the Eligible Participant will be required as part of the application process for the Scheme to declare (and, if requested by DCMS, provide evidence of) the value of the Financial Interest of each Co-Producer who is also an Eligible Participant and who wishes to utilise the Scheme in respect of the Eligible Production.

19.10 Provided that the Eligibility Criteria are met and all applicable Fees are paid in respect of the Eligible Production in accordance with Rule 20 below, each registered Eligible Participant will receive a certificate of eligibility with respect to the Eligible Production (an “Eligibility Certificate”), which will document their declared Production Budget (or, in the case of Co-Producers, their declared Financial Interest in the Eligible Production), which will form the basis of their making a claim for compensation in the event that they incur Eligible Losses.

19.11 Subject to Rule 21 (Production Budget increase), the conditions of any compensation provided under the Scheme shall refer to the value of the Eligible Participant’s declared Production Budget or (in the case of Co-Producers) Financial Interest, as documented in their Eligibility Certificate and (where applicable) Supplementary Eligibility Certificate.

19.12 An Eligible Participant who has successfully registered for the Scheme will not be permitted to withdraw from the Scheme. DCMS will not refund any Fee and/or Increase Fee paid in respect of an Eligible Participant’s participation in the Scheme.

19.13 An Eligible Participant who has failed to pay the Fee in accordance with Rule 20 below is not entitled to make another application for registration for the Scheme for the same Eligible Production.

20. Fee

20.1 Each Eligible Participant must pay a fee to DCMS in respect of each Eligible Production that the Eligible Participant applies to register for the Scheme.

20.2 The fee shall be an amount in pounds sterling equal to one per cent. (1%) of:

(A) the Production Budget of the relevant Eligible Production that is to be registered; or

(B) where the Eligible Production will be produced by two or more Co-producers, the aggregate value of the Financial Interests of each Co-producer who is an Eligible Participant and who wishes to utilise the Scheme, (the “Fee”).

20.2A In the case of an application for registration made after 23:59 on 31 October 2021, the percentage figure used in Rule 20.2 to calculate the Fee shall be two and a half per cent. (2.5%), rather than one per cent. (1%).

20.2B In the case of an application for registration made on or after 1 April 2021, the Fee must be paid by the end of the period of 14 days beginning with the day on which an invoice for the Fee is issued to the eligible production.

20.2C In the case of an application for registration made before 1 April 2021, the Fee must be paid by the end of a period of 14 days beginning with 1 April 2021.

20.2D The period of 14 days mentioned in Rule 20.2B and in Rule 20.2C may be extended on an exceptional basis, at the discretion of DCMS, to a period of 30 days maximum.

20.3 An Eligible Participant may not make a Request under the Scheme in respect of an Eligible Production unless and until the full value of the Fee that is payable in respect of such Eligible Production has been paid to DCMS in accordance with Rules 20.1 to 20.2C.

20.4 The Fee shall be paid by the Eligible Participant that applies to register an Eligible Production for the Scheme. The Fee shall be payable only after DCMS has approved the Eligible Participant’s application to register an Eligible Production for the Scheme. No Eligibility Certificate shall be delivered to any Eligible Participant in respect of an Eligible Production until the full value of the applicable Fee has been paid.

21. Production Budget increase

21.1 If following the successful registration of an Eligible Production by an Eligible Participant, the Eligible Participant subsequently identifies that the Eligible Production will exceed its Production Budget, the Eligible Participant may apply to DCMS to increase the value of such Production Budget for the purposes of these Scheme Rules (an “Increase Application”).

21.2 Only one Increase Application may be made by an Eligible Participant in respect of each registered Eligible Production.

21.3 An Increase Application submitted by an Eligible Participant may not be made after an Eligible Participant has made a Request in respect of the Eligible Production or following an Eligible Participant becoming aware of any matter or circumstance that may give rise to the Eligible Participant making such a Request (and an Eligible Participant will be required to submit to DCMS a declaration signed by a duly authorised representative of the Eligible Participant confirming that the Eligible Participant is not aware of any such matter or circumstance as a condition to the Increase Application being granted, and the declaration shall constitute a representation made by the Eligible Participant, on which DCMS will place reliance).

21.4 If, by virtue of an Increase Application, the value of the Production Budget of the Eligible Production would exceed £30 million, the Eligible Participant must comply with the requirements set out in Rule 9.4 as a condition to such Increase Application being granted.

21.5 As a condition to any Increase Application becoming effective, the Eligible Participant must pay an Increase Fee to DCMS in respect of the Eligible Production to which such Increase Application relates. The Increase Fee shall be paid after DCMS has approved the Increase Application, following which DCMS shall deliver a supplementary certificate of eligibility to the Eligible Participant, reflecting the approved increase in the Production Budget (a “Supplementary Eligibility Certificate”).

21.6 An Eligible Participant may not make a Request under the Scheme on the basis of the higher Production Budget (as increased by an Increase Application) until after the full value of the applicable Increase Fee has been paid in accordance with Rule 21.5 and the Supplementary Eligibility Certificate has been issued to the Eligible Participant.

22. UK Government credit

22.1 Each Eligible Participant undertakes to publicly recognise the support provided to the Eligible Participant via the Scheme by displaying onscreen within the opening or closing credits of each Eligible Production that is registered for the Scheme the text and logo set out in Annex 3 (Form of UK Government credit), unless the Eligible Production is a BBC Production, in which case the Eligible Participant shall instead follow such alternative procedure for crediting the UK Government as DCMS may in its sole and absolute discretion determine and notify to the Eligible Participant from time to time.

22.2 Subject to Rule 22.3, unless an Eligible Production is abandoned (and therefore is never completed), the provision of compensation to an Eligible Participant in respect of an Eligible Production shall be conditional upon the Eligible Participant complying with its obligations under Rule 22.1 in respect of that Eligible Production. DCMS reserves the right to: (i) refuse any Request made by an Eligible Participant; and/or (ii) require the return of any monies paid to an Eligible Participant pursuant to a Request, in respect of any Eligible Production where the Eligible Participant has failed to comply with its obligation under Rule 22.1.

22.3 No casual or inadvertent failure by an Eligible Participant or any third party to accord credit in respect of an Eligible Production in accordance with Rule 22.1 shall constitute a failure of the Eligible Participant to comply with Rule 22.1, provided that in the event that the Eligible Participant is notified of any such casual or inadvertent failure by DCMS, the Eligible Participant shall use all reasonable endeavours (to the extent that it is commercially practicable for the Eligible Participant to do so, without incurring substantial costs) prospectively to cure such failure and comply with its obligations under Rule 22.1 in respect of the Eligible Production.

23. Requests for compensation

23.1 In order to make a Request under the Scheme, an Eligible Participant must submit a claim in such form as may be specified by DCMS from time to time.

23.2 Prior to any payment of compensation to an Eligible Participant in respect of an Eligible Loss that relates to the abandonment of an Eligible Production, DCMS may, at DCMS’ sole and absolute discretion, require the Eligible Participant (as a condition to the payment of such compensation) to:

(A) procure the surrender, assignment and transfer to DCMS (or its nominee) of all rights, title and interest in the Eligible Production, including all underlying works and Materials; or

(B) give a legally binding contractual undertaking to DCMS (in such form as may be acceptable to DCMS) not to, within the period of ten (10) years following the payment of any compensation to the Eligible Participant in respect of such Eligible Loss:

(i) utilise or disseminate, or permit or cause any other person to utilise or disseminate, for any purpose any of the underlying works or Materials; or

(ii) sell, transfer, charge or in any other way exploit for any purpose any of its rights, title or interest in the Eligible Production, including all underlying works and Materials,

in each case without DCMS’ express prior written consent, which (at DCMS’ election) may be conditional upon the repayment in full by the Eligible Participant to DCMS of the total amount of compensation paid to the Eligible Participant under the Scheme in respect of such Eligible Production.

23.3 Where Rule 23.2(A) applies, an Eligible Participant may subsequently require DCMS to surrender, assign and transfer back to the Eligible Participant all rights, title and interest in the Eligible Production, including all underlying works as well as films, negatives and tapes and all copies and related material thereof, provided that:

(A) the Eligible Participant has either repaid in full all compensation received under the Scheme in respect of the Eligible Production or has otherwise agreed with DCMS (on terms acceptable to DCMS) a contractual arrangement pursuant to which such compensation shall be so repaid; and

(B) in such circumstances DCMS shall be entitled to retain the full value of the Fee and any Increase Fee paid in respect of the Eligible Production.

24. Provision of information

24.1 Applicants applying to register for the Scheme and registered Eligible Participants making a Request shall fully co-operate and liaise with DCMS and take such steps as DCMS may request in connection with, inter alia, the administration of the Scheme including, without limitation, by responding promptly to any requests for information required by DCMS for verification purposes.

24.2 Applicants and Eligible Participants shall act in good faith and all information provided by and all declarations made on behalf of applicants and Eligible Participants pursuant to these Scheme Rules as part of the Scheme registration process and/or in the process of making a Request (to the best knowledge of the applicants and Eligible Participants, having made all reasonable enquiries) shall be true and accurate and shall not contain any omissions which would make the information provided misleading in any material respect.

24.3 If an applicant or Eligible Participant materially breaches any obligation set out in this Rule 24, DCMS shall be entitled to reject any application made by such applicant, withdraw access to the Scheme from such registered Eligible Participant and/or deny any existing or future Request made by such registered Eligible Participant (as applicable). In such circumstances, any Fee and (if applicable) any Increase Fee paid by the applicant or Eligible Participant may be retained by DCMS and DCMS may require the return of any monies already paid to the Eligible Participant pursuant to any Request under the Scheme.

25. Data protection, information sharing and Freedom of Information

25.1 The Eligible Participant shall ensure that it complies at all times with applicable Data Protection Legislation.

25.2 DCMS may from time to time share information relating to the operation of the Scheme (including information provided by applicants and/or registered Eligible Participants pursuant to Rule 24) with its profession advisers and with any other relevant part(s) of the UK Government.

25.3 Public bodies are subject to the requirements of the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”) and information provided to DCMS under the Scheme (the “Relevant Information”) may be subject to disclosure obligations pursuant to the FOIA and EIR. DCMS (or, if the Relevant Information has been shared by DCMS with another part of the UK Government, that relevant part of the UK Government) shall be responsible for determining, in its absolute discretion, the disclosure obligations applicable to the Relevant Information and may be required to disclose such Relevant Information (acting in accordance with the Minister for the Cabinet Office’s Freedom of Information Code of Practice issued under section 45(1) of the FOIA):

(A) without consulting the party who provided the information to DCMS (although DCMS shall, and shall procure that any part of the UK Government with which the Relevant Information is shared by DCMS will, take reasonable steps, where appropriate, to give that party advanced notice, or failing that, to draw the disclosure to the party’s attention after any such disclosure); or

(B) following consultation with the disclosing party and having taken its views into account.

26. Management of claims

26.1 An Eligible Participant must co-operate with DCMS and provide all such assistance and information which DCMS may reasonably request in respect of a Request made by such Eligible Participant.

26.2 In addition, and at no charge, the Eligible Participant must give DCMS full access to all documents, records, computer databases or other property or information, to premises and to employees, reasonably required for the purposes of enabling DCMS to manage any Request effectively. The Eligible Participant’s obligations under this Rule 26.2 shall be subject to the Eligible Participant’s:

(A) obligation to comply at all times with applicable Data Protection Legislation under Rule 25.1;

(B) confidentiality obligations, provided that, where access to any documents, records, computer databases or other property or information, to premises or to employees is withheld, the Eligible Participant uses its best endeavours to extract any relevant information and give this to DCMS so that DCMS can make an informed assessment of any Request; and

(C) health and safety obligations in respect of access to premises only.

26.3 DCMS may appoint, on its own behalf and on behalf of any Eligible Participant, legal and other advisers (including loss adjusters) selected by DCMS to act in connection with a Request. In the event that DCMS appoints any legal adviser pursuant to this Rule, then DCMS may appoint and pay such legal adviser on whatever terms it considers appropriate.

26.4 The Eligible Participant agrees to take all reasonable steps to eliminate or mitigate any cost, expense or liability in respect of any Request, including using reasonable endeavours to find a replacement for a cast member or cast members where such individual or individuals are being necessarily hindered from commencing, continuing or completing their duties as a result of COVID-19.

27. Dispute resolution

27.1 In the event of a dispute with an applicant or Eligible Participant over the handling of any application for registration for, or any Request under, the Scheme (including the amount of any compensation payable or any other calculation), the matter will first be escalated to a senior manager of the Administrator.

27.2 If the senior manager of the Administrator is not able to resolve the dispute within a reasonable period, the dispute shall be referred to a person of appropriate seniority within DCMS for resolution, which may (in circumstances that DCMS, in its absolute discretion, considers appropriate) include the referral of the dispute to a suitably qualified independent expert selected by DCMS for determination.

28. Variation

28.1 DCMS may amend these Scheme Rules from time to time in any manner as DCMS deems fit. DCMS shall provide Eligible Participants with advance written notice (via announcement on the Scheme Website) of any material changes to these Scheme Rules as DCMS deems adequate to allow Eligible Participants to implement such changes as may be necessary to ensure their compliance.

28.2 The most current version of the Scheme Rules will be made available on the Scheme Website and Eligible Participants should check the Scheme Website on a periodic basis for updates to these Scheme Rules.

29. Governing law

29.1 These Scheme Rules shall be governed by and shall be construed in accordance with the laws of England and Wales. Any matter, claim or dispute arising out of or in connection with these Scheme Rules is to be governed by and determined in accordance with English law.

29.2 Without prejudice and subject to the provisions of Rule 27 (Dispute resolution), the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Scheme Rules. Each Eligible Participant irrevocably submits and agrees to submit to the jurisdiction of the courts of England and Wales.

Annex 1 - Definitions and interpretation

Definitions

In these Scheme Rules:

Additional Fee has the meaning given to it in paragraph 4 of Annex 4 (Specific Age Extension);

Additional Retention means a sum equal to five per cent. (5%) of the value of the Cast Losses which relate to an individual in respect of whom a Specific Age Extension has been obtained in accordance with the procedure described in Annex 4 (Specific Age Extension) and in respect of which DCMS determines that compensation is payable to the Eligible Participant under the Scheme pursuant to a Request in accordance with Clause 6.2, taking into account the application of Rules 17 (Production Limit) and 18 (Scheme Limit) but prior to the application of paragraph 5 of Annex 4 (Specific Age Extension).

Administrator means Marsh Commercial (a trading name of Jelf Insurance Brokers Limited) when exercising the functions of DCMS in administering the Scheme, or such other person as may be appointed from time to time by DCMS to administer the Scheme;

Applicable Deductions means the following costs (and “Applicable Deduction” means any one of them):

(A) costs of acquiring the underlying rights to the Eligible Production and any materials used in respect of those rights, including the story and scenario, music rights, sound rights and any royalties payable in respect thereof;

(B) research and development costs of the Eligible Production;

(C) promotional costs (including marketing and publicity) of the Eligible Production;

(D) costs of providing permanent sets, owned wardrobe items, owned props and owned equipment used in the Eligible Production;

(E) legal and accounting costs of the Eligible Production;

(F) trade association fees payable in respect of the Eligible Production;

(G) the payment of interest under any loan used exclusively to fund the Eligible Production or (where a loan is also used to fund other matters) such portion of the interest under such loan that relates to the value of the loan used to fund the Eligible Production;

(H) the payment of premium under any insurance policy that exclusively insures the Eligible Production or (where an insurance policy also insures other matters) such portion of the premium under such policy that relates to the insurance of the Eligible Production; and

(I) the value of the Fee and (if applicable) any Increase Fee payable to DCMS in respect of the Eligible Production.

Applicable Law and Regulation means all applicable laws, statutes, regulations, binding regulatory guidance, rules, orders or directives of any Governmental Authority and circulars, judgments and written decisions of any Governmental Authority having jurisdiction over and binding the relevant person from time to time, in all cases with respect to any part of the UK;

Affiliate means with respect to any person, each person that controls, is controlled by, or is under common control with, such person. For the purposes of this definition, “control” of a person shall mean the possession, directly or indirectly, of the power to direct or cause the direction of its management or policies, whether through the ownership of voting securities, by power to appoint directors, by contract or otherwise;

BBC Production means an Eligible Production that has been commissioned by the British Broadcasting Corporation;

BFC means the British Film Commission;

BFC Safety Guidelines means guidelines issued from time to time by the BFC relating to working safely during the COVID-19 pandemic;

BFI means the British Film Institute;

Business Day means a day other than a Saturday or Sunday on which banks are generally open for the transaction of normal banking business in London;

Cast Losses means Losses directly sustained by an Eligible Participant as a result of the interruption, postponement or abandonment of its Eligible Production, where such interruption, postponement or abandonment is:

(A) caused by one or more member(s) of the cast or crew of the Eligible Production being necessarily hindered from commencing, continuing or completing their role(s) in the Eligible Production where their performance of such role(s) is material to the Eligible Production, as a consequence of their own death or illness resulting from COVID-19; or

(B) caused by one or more Named Persons being necessarily hindered from commencing, continuing or completing their role(s) in the Eligible Production where their performance of such role(s) is material to the Eligible Production, as a consequence of the death or critical illness of that Named Person’s Immediate Family Member resulting from COVID-19;

Civil Authority Losses means Losses sustained by an Eligible Participant as a result of the interruption, postponement or abandonment of its Eligible Production, where such interruption, postponement or abandonment is:

(A) caused by an action of a UK Civil Authority in response to COVID-19 that prevents or hinders access by the Eligible Participant to or from a production location used by the Eligible Production;

(B) caused by one or more individuals being prevented or hindered from performing their role(s) in the Eligible Production, where their performance of such role(s) is material to the Eligible Production, as a consequence of their acting in accordance with applicable UK Civil Authority Restrictions (including as a result of their self-isolation or quarantine); or

(C) caused by new UK Civil Authority Restrictions or amendments to existing UK Civil Authority Restrictions after the Launch Date which may or may not impact any specific individual’s ability to engage in the Eligible Production, but which have, in any event, a material adverse impact on the ability of the Eligible Participant to complete the production in the manner originally contemplated;

Closure Date means 23:59 on 30 June 2022, or such later date as DCMS may determine;

Co-producer has the meaning given in Rule 7.2;

Commercial Viability Criteria has the meaning given in Rule 9.1;

COVID-19 means the disease caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2) or any disease or illness caused by a mutation of SARS-CoV-2;

COVID-19 Risks means the risks of incurring an Eligible Loss;

CTA 2009 means the Corporation Tax Act 2009;

Cultural Test means the cultural test set by DCMS for the purposes of determining whether a particular production qualifies as “British”, as set out in Annex 2 (Cultural test), as may be amended by DCMS from time to time;

Data Protection Legislation means all Applicable Law and Regulation (as may be amended from time to time) relating to the processing of Personal Data and privacy including (where applicable): (A) the GDPR and any Applicable Law and Regulation of the UK that implements and/or exercises derogations under the GDPR and/or replaces or supersedes the GDPR; (B) the Privacy and Electronic Communications (EC Directive) Regulations 2003; and (C) any binding guidance and codes of practice or conduct issued by a Data Protection Regulator;

Data Protection Regulator means the UK Information Commissioner, any supervisory authority (as defined in the GDPR) or any other competent authority having regulatory or supervisory jurisdiction over the processing of Personal Data;

DCMS has the meaning given to it in Rule 3.3 (Description of the Scheme);

EEA means the European Economic Area;

EEA Agreement means the Agreement on the European Economic Area 1994 (as amended);

EEA State means any state that forms part of the EEA by virtue of being a contracting party to the EEA Agreement, excluding the UK;

Effective Date means the date upon which the Scheme was announced by DCMS, being 28 July 2020;

Eligibility Certificate has the meaning given in Rule 19.10;

Eligibility Criteria means the conditions to be met by an Eligible Participant in order to be registered for the Scheme, which are set out in Rules 8, 9 and 11;

Eligible Loss and Eligible Losses have the meanings given in Rule 12;

Eligible Participant has the meaning given in Rule 7;

Eligible Production has the meaning given in Rule 8;

Excluded Production has the meaning given in Rule 10;

Existing Insurance Arrangement means any existing insurance arrangement pursuant to which the Eligible Participant is entitled to recover, including any:

(A) employers’ liability insurance policy;

(B) public liability insurance policy;

(C) Group Insurance Policy;

(D) Self-Insurance Structure; and/or

(E) other insurance or indemnity arrangement (including, for the avoidance of doubt, for communicable diseases other than COVID-19);

Fee has the meaning given in Rule 20.2 (Fee);

Financial Interest means, where an Eligible Production is co-produced, the value of the portion of the Production Budget for which that Eligible Participant solely bears the financial risk, as declared by the Eligible Participant at the time of registering for the Scheme;

Further Additional Fee has the meaning given to it in paragraph 4 of Annex 4 (Specific Age Extension);

GDPR means the General Data Protection Regulation (EU) 2016/679 of the European Parliament;

Governmental Authority means any national or state governmental bodies, authorities, courts of judicial authority, arbitrators and public and industry regulatory authorities, or political subdivision thereof, national or supranational body or any person or body exercising executive, legislative, judicial, regulatory, taxing or administrative functions on behalf of any of them and includes all relevant securities commissions, stock exchange authorities, foreign exchange authorities, foreign investment authorities, competition and anti-trust authorities, financial and insurance regulatory authorities, taxation authorities and similar entities or authorities;

Group Insurance Policy means an insurance policy entered into by the relevant person or any of its Affiliates, for the benefit of that person and one or more of its Affiliates;

Immediate Family Member means mother, father, stepmother, stepfather, grandmother, grandfather, sister, brother, stepsister, stepbrother, spouse (including common-law spouse or same sex partner), child, stepchild (including the child or stepchild of a common-law spouse or same sex partner), grandchild, half-sister or half-brother, in each case who is less than seventy (70) years of age;

Increase Application has the meaning given in Rule 21.1;

Increase Fee means:

(A) In the case of an Increase Application made in respect of an Eligible Production for which the application for registration was made by 23:59 on 31 October 2021, an amount in pounds sterling equal to one per cent. (1%) of the amount by which the Production Budget of the relevant Eligible Production is to increase pursuant to the Increase Application;

(B) In the case of an Increase Application made in respect of an Eligible Production for which the application for registration was made after 23:59 on 31 October 2021, an amount in pounds sterling equal to two and a half per cent. (2.5%) of the amount by which the Production Budget of the relevant Eligible Production is to increase pursuant to the Increase Application;

Launch Date has the meaning given in Rule 4;

Loss or Losses means:

(A) if used in the context of Cast Losses:

i. in the case of interruption or postponement of the Eligible Production, the production costs necessarily and reasonably incurred by the Eligible Participant in completing the Eligible Production over and above the expenditure that would otherwise have been incurred, but for the death or illness of the relevant member(s) of the cast or crew, or the death or critical illness of the Named Person’s Immediate Family Member, in each case resulting from COVID-19; and

ii. in the case of abandonment of the Eligible Production, the production costs that have already been incurred by the Eligible Participant and that have been rendered entirely valueless solely and directly by reason of the death or illness of the relevant person(s) resulting from COVID-19;

(B) if used in the context of a Civil Authority Losses:

i. in the case of interruption or postponement of the Eligible Production, the additional production costs necessarily and reasonably incurred by the Eligible Participant in completing the Eligible Production over and above the expenditure that would otherwise have been incurred, but for the action of the UK Civil Authority or the action taken in respect of UK Civil Authority Restrictions (as applicable); and

ii. in the case of abandonment of the Eligible Production, the production costs that have already been incurred by the Eligible Participant and that have been rendered entirely valueless by reason of the action of the UK Civil Authority or the action taken in respect of UK Civil Authority Restrictions (as applicable);

Materials means, in respect of an Eligible Production, all footage, films, negatives and tapes and all copies and related items thereof used in, or created for the purpose of, the production;

MHRA means the Medical and Healthcare Products Regulatory Agency of the UK;

Named Person and Named Persons have the meanings given in Rule 19.6;

New Production means a production, the Production Contract in respect of which was executed by the parties thereto on or after the Effective Date;

Non-EEA State means any jurisdiction other than the UK or an EEA State;

Overseas Authority means a national, local or state government authority of competent jurisdiction outside of the UK;

Overseas Authority Restrictions means regulations, written directions or written guidance issued by an Overseas Authority in response to COVID-19;

PCR Test means a polymerase chain reaction test;

Personal Data has the meaning given to it under Data Protection Legislation;

Pornographic means of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal;

Pre-Existing Production means a production, the Production Contract in respect of which was executed by the parties thereto prior to the Effective Date;

Principal Photography means the phase of production during which the majority of the film or television show is filmed;

Production Budget means:

(A) in respect of an Eligible Production that is a New Production, the gross production budget agreed for the Eligible Production (as documented in the Production Contract for the Eligible Production) less the value of any Applicable Deductions; or

(B) in respect of an Eligible Production that is an Existing Production, such part of the gross production budget agreed for the Eligible Production (as documented in the Production Contract for the Eligible Production) that relates to expenditure incurred or that will be incurred on or after the Effective Date less the value of any Applicable Deductions that are referable to such expenditure), in each case, as declared by the Eligible Participant to DCMS as part of the process of registering the Eligible Production for the Scheme in accordance with Rule 19.5;

Production Contract means a legally binding and effective production contract, financing agreement or trust letter executed by the relevant parties thereto, which includes or appends a gross production budget and an agreed production schedule including dates for the commencement of Principal Photography, the expected completion of Principal Photography and the delivery of the final product;

Production Limit has the meaning given in Rule 17 (Production Limit);

Registration Cut-Off Date means the earlier of (i) 23:59 on 30 April 2022 or (ii) the date on which DCMS closes the Scheme to new applicants pursuant to Rule 18.2;

Request means a request for compensation in respect of Eligible Losses made by an Eligible Participant in respect of an Eligible Production, in accordance with Rule 22 (Requests for compensation);

Request Cut-Off Date means 23:59 on the date falling three calendar months after the Closure Date, or such later date as DCMS may determine;

Retention means the greater of:

(A) £1,000; and

(B) a sum equal to ten per cent. (10%) of the value of the Eligible Losses relating to the Eligible Production in respect of which DCMS determines that compensation is payable to the Eligible Participant under the Scheme pursuant to the relevant Request in accordance with Clause 6.2, taking into account the application of Rules 17 (Production Limit) and 18 (Scheme Limit), but prior to the application of Rule 16 (Excess);

Scheme has the meaning given in Rule 1 (Introduction);

Scheme Limit has the meaning given in Rule 18 (Scheme Limit);

Scheme Period means the period beginning on the Launch Date to and including the Closure Date;

Scheme Rules has the meaning given in Rule 1 (Introduction);

Self-Insurance Structure means the insurance by a person of itself, its Affiliates or its, or its Affiliates’, own interests by maintaining a fund to cover possible losses which would otherwise be covered by an insurance policy;

Social Commitment and Social Commitments have the meanings given to them in Rule 11.1;

Specific Age Extension has the meaning given to it in paragraph 1 of Annex 4;

Supplementary Eligibility Certificate has the meaning given in Rule 21.5;

Test means the PCR Test and/or such other test(s) as may be specified by DCMS from time to time;

Testing Requirement means the obligations relating to testing for COVID-19 specified in Rule 13;

UK means the United Kingdom of Great Britain and Northern Ireland;

UK Civil Authority means the Government of the UK, the UK Parliament, the devolved governments of Scotland, Wales and Northern Ireland, any local government authority within any part of the UK and any police force within the UK;

UK Civil Authority Restrictions means regulations, written directions or written guidance issued by a UK Civil Authority in response to COVID-19;

UK Expenditure means expenditure on goods and services which are used or consumed in the United Kingdom, as determined in accordance with the same principles applied in determining whether or not expenditure constitutes “UK expenditure” for the purposes of sections 1185 and 1216AH of the CTA 2009^{[footnote 1]};

UK Government means the Government of the United Kingdom, including the Government’s departments, non-ministerial departments, non-departmental public bodies, affiliates and the executive agencies as well as the devolved administrations; and

Website means https://www.marshcommercial.co.uk/campaigns/film-and-tv-production-restart-scheme/ or such URL as may be notified to Eligible Participants by DCMS from time to time, from which Eligible Participants will be provided with web-based access to these Scheme Rules and associated information.

Interpretation

In these Scheme Rules, unless the context requires otherwise:

(A) the headings to Rules and Annexes are inserted for convenience only and do not affect the interpretation of these Scheme Rules;

(B) references to Rules and Annexes are to Rules of, and Annexes to, these Scheme Rules, and references to a part or paragraph are to a part or paragraph of an Annex to these Scheme Rules;

(C) the Annexes form part of these Scheme Rules and shall have the same force and effect as if expressly set out in the body of these Scheme Rules, and any reference to these Scheme Rules shall include the Annexes;

(D) references to these Scheme Rules or to any specified provision of these Scheme Rules are to these Scheme Rules or that specified provision of these Scheme Rules as from time to time amended in accordance with the terms of these Scheme Rules;

(E) words importing the singular include the plural and vice versa and words importing a gender include every gender;

(F) references to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English legal term;

(G) references to time are to London time;

(H) the rule known as the eiusdem generis rule shall not apply, and accordingly words introduced by words and phrases such as “include”, “including”, “other” and “in particular” shall not be given a restrictive meaning or limit the generality of any preceding words or be construed as being limited to the same class as the preceding words where a wider construction is possible;

(I) the word “company” shall be deemed to include any partnership, undertaking or other body of persons, whether incorporated or not incorporated and whether now existing or formed after the date of these Scheme Rules;

(J) references to a “person” shall be construed so as to include any individual, firm, company, corporation, body corporate, government, state or agency of a state, local or municipal authority or government body or any joint venture, association or partnership (whether or not having separate legal personality), but references to an “individual” shall mean an individual natural person only;

(K) references to “DCMS” shall mean DCMS or any Administrator that DCMS has outsourced the performance of its obligations under the Scheme Rules to in accordance with the terms of these Scheme Rules;

(L) references to writing shall include any modes of reproducing words in a legible and non-transitory form, and accordingly shall exclude e-mail and other transitory modes;

(M) any reference to a “day” (including within the phrase “Business Day”) shall mean a period of 24 hours running from midnight to midnight;

(N) general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words;

(O) any reference to GBP, £ or Sterling will be construed as meaning the lawful currency of the UK;

(P) a reference to any statute or statutory provision (whether of the UK or elsewhere) includes any subordinate legislation (within the meaning of section 21(1) Interpretation Act 1978) made under it; and

(Q) a reference to any other statute or statutory provision (whether of the UK or elsewhere) includes any provision which it has superseded or re-enacted (with or without modification), and any provision superseding it or re-enacting it (with or without modification), before or on the Launch Date, or after the Launch Date, except to the extent that the liability of any person is thereby increased or extended.

Annex 2

Cultural Test

#	Cultural Test	Points
A	Cultural content
A1	Production is set in the UK or EEA or filmed in a UK/EEA studio or on location in the UK/EEA.	4 points
A2	Primary 3 lead actors, presenters, narrators, participants or contributors are UK/EEA citizens or residents.	4 points
A3	Production is based on British or EEA subject matter (on screen), or underlying material by a UK/EEA citizen or resident.	4 points
A4	Original dialogue is recorded mainly in English or UK indigenous language or EEA language.	6 points
	Total Section A	18 points
B	Cultural contribution
	Production demonstrates British creativity, British heritage and/or diversity.	4 points
	Total Section B	4 points
C	Cultural hubs
C1	At least 80% of the Principal Photography or VFX or SFX takes place in the UK.	4 points
C2	1 point may be awarded if at least 50% of music recording or picture post-production or audio post-production or voice recording takes place in the UK.	1 points
	Total Section C	5 points
D	Cultural practitioners (UK or EEA citizens or residents)
D1	Director	1 point
D2	Scriptwriter (or individual already named in this section D who writes the script)	1 point
D3	Producer	1 point
D4	Composer	1 point
D5	Lead actors, presenters, narrators, participants or contributors	1 point
D6	At least 50% of the cast, participants or contributors (on-screen talent)	1 point
D7	At least 1 Head of Department is a qualifying person. The heads of department are: For films other than documentaries or animations: the lead cinematographer, the lead production designer, the lead costume designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead hair and makeup supervisor. The head of the department is the person with responsibility for that department. For documentaries only: the lead cameraman, the lead sound recordist, the lead editor and the lead researcher. For animations only: the lead layout supervisor, the lead production designer, the lead character designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead modelling supervisor.	1 point
D8	At least 50% of the crew	1 point
	Total Section D	8 points
	TOTAL ALL SECTIONS (pass mark: 18 points)	35 points

Annex 3

Form of UK Government credit

Annex 4

Specific Age Extension

A1. If an Eligible Participant wishes to be able to request compensation under the Scheme for Cast Losses in respect of an Eligible Production in circumstances where the relevant individual to whom such Cast Losses relate was over seventy (70) years of age at the time the relevant Cast Losses were incurred, the Eligible Participant must obtain express authorisation from DCMS in relation to the relevant individual (a “Specific Age Extension”) in accordance with this Annex 4.

A2. Each Specific Age Extension will only be valid in respect of a single named individual.

A3. Two (2) Specific Age Extensions will be granted by DCMS in respect of each Eligible Production, subject to the conditions at paragraph 4 below. Further Specific Age Extensions in respect of each Eligible Production beyond two (2) will be subject to the conditions at paragraph 4 below, will be reviewed by DCMS on a case-by-case basis and will be subject to an additional fee (“Further Additional Fee”).

A4. Subject to paragraphs 2 and 3 of this Annex, the grant of a Specific Age Extension by DCMS shall be conditional on the Eligible Participant:

(A) submitting an application for such Specific Age Extension in such form as may be specified by DCMS from time to time;

(B) providing such additional documentation as DCMS may require; and

(C) paying to DCMS an amount in pounds sterling equal to 0.25 per cent. (0.25%) of:

(i) the Production Budget of the relevant Eligible Production; or

(ii) where the Eligible Production is or will be produced by two or more Co-producers, the aggregate value of the Financial Interests of each Co-producer who is an Eligible Participant and who wishes to utilise the Scheme,

(the “Additional Fee”).

(D) For each additional over-70 beyond two (2), paying to DCMS an amount in pounds sterling as equal to 0.275 per cent. (0.275%) of:

(i) the Production Budget of relevant Eligible Production: or

(ii) where the Eligible Production is or will be produced by two or more Co-producers, the aggregate value of the Financial Interests of each Co-producer who is an Eligible Participant and who wishes to utilise the Scheme, (the “Further Additional Fee”).

A5. If an Eligible Participant makes a Request which relates (in whole or in part) to Cast Losses involving an individual in respect of whom a Specific Age Extension has been obtained, compensation shall only be provided where:

(A) the value of all Eligible Losses of the Eligible Participant in respect of which the Request is made in aggregate exceeds the value of the applicable Retention; and

(B) the value of all Cast Losses which relate to an individual in respect of whom a Specific Age Extension has been obtained and in respect of which the Request is made in aggregate exceeds the value of the Additional Retention,

and then only in the sum that all such Eligible Losses exceed the value of an amount equal to the aggregate of the applicable Retention and the Additional Retention.

A6. No compensation in respect of Cast Losses that relate to an individual in respect of whom a Specific Age Extension has been granted will be provided by DCMS to an Eligible Participant under the Scheme where such Cast Losses were incurred prior to the Eligible Participant having submitted an application for the relevant Specific Age Extension in accordance with paragraph 4(A) above, unless:

(A) such Cast Losses were incurred prior to 20 December 2020; and

(B) the Eligible Participant submitted to DCMS, in accordance with Rule 19.4, an application to register the relevant Eligible Production for the Scheme prior to 20 December 2020.

1. Whether or not something constitutes “UK Expenditure” will be determined by applying the same criteria applied by HMRC, when calculating UK expenditure for the purposes of Film, HE-TV, Animation and Children’s tax reliefs. See HMRC guidance. ↩