Section 1218ZAC | Primary production company

(1)In this Part a company is the primary production company for an exhibition if the company (acting otherwise than in partnership) meets conditions A and B.

(2)Condition A is that the company—

(a)makes an effective creative, technical or artistic contribution to the exhibition, and

(b)directly negotiates for, contracts for and pays for rights, goods and services in relation to the exhibition.

(3)Condition B is that—

(a)where the exhibition is held at just one venue, the company is responsible for the production of the exhibition at that venue;

(b)where the exhibition is held at two or more venues, the company is responsible for the production of the exhibition at one or more of those venues.

(4)For the purposes of this section and section 1218ZAD, a company is responsible for the production of the exhibition at a venue if—

(a)it is responsible for producing and running the exhibition at the venue,

(b)where the exhibition is at the venue for a limited time, it is responsible for deinstalling and closing the exhibition at the venue, and

(c)it is actively engaged in decision-making in relation to the exhibition at the venue.

(5)If more than one company meets conditions A and B in relation to the production of the exhibition, the company that most directly meets those conditions is the primary production company for the exhibition.

(6)If no company meets conditions A and B in relation to the production of the exhibition, there is no primary production company for the exhibition.