Equity's response re theatrical performance:
 

anjuli

Thu, April 24, 2008 - 10:41 AM
I wrote to Equity to see what they thought and just got this (have omitted their name as I haven't asked permission to post this...but it
seems promising:


"We have many belly dancers who are members of Equity who join under the ‘variety’ guidelines. To join you would need to complete the application form and return it with evidence of four past paid gigs and one future date. You can download the application form from our website or, if you prefer, we can post one to you.

In terms of samurai swords, our understanding is that the definition ‘theatrical’ does apply to most types of performance including cabaret performances, television, film etc. rather than just performances in a theatre. The ban is on sale, manufacture, import and hire and there should be no change in use of swords for performance as stated above. If you wish to buy a new sword then you should be able to do so if it is for a legitimate purpose such as for use in entertainment. Showing a valid Equity card may convince a seller that you are above board or Equity may have to write a letter on your behalf if they need further evidence. Obviously swords would need to be carried securely wrapped when in public when travelling to and from a job.

Equity is still seeking clarification from the minister at the Home Office that our understanding of the legislation, as indicated above, is correct and we will report this to our members once we have received this.

Please do not hesitate to contact me if you require any further information. "
 

also see Mark Hurd's article on:

http://myweb.tiscali.co.uk/hurdweb/LBD/swords.html

 

http://tribes.tribe.net/bellydanceuk/thread/101ba76c-98c6-4258-bb0d-e0c23b93ce9f

extracts taken from the above link:

Denise

"In practice, the public liability insurance will be held by the re-enactment society with the aim of the defence being that the insurance covers any liabilities that the society has to participants if they are injured during a re-enactment. The insurance does not have to cover situations where one participant is injured by another for which the society has no liability. The definition of “third parties” is the same as that used in the context of realistic imitation firearms in the Violent Crime Reduction Act 2006 therefore we are following this precedent of what is a working defence.

We envisage that a shop keeper would need to satisy themselves that any person wishing to buy a sword with a curved blade of over 50 centimetres in length after 6 April 2008 meets the criteria of one of the defences in the Order covering collectors, martial artists and historical re-enactors. For martial artists and re-enactors, this could be a membership card of a genuine club or organisation plus/or a copy of that club or organisation’s public liability insurance. The onus would be on the shopkeeper as it would be them committing the offence if sell to wrong person and not the buyer.

Regards,
Jonathan Batt
Public Order and Offensives Weapons section
Public Order Unit "

 

also:

Denise

Tue, April 22, 2008 - 12:11 AM
I've had a new reply from Jonathan Batt. Obviously the messages you're sending are starting to take some effect, but we need to push this more and get a definite answer:-

Denise

Further to my email of 17 April, I should add that section 43 of the Violent Crime Reduction Act 2006 did introduce a defence for those supplying offensive weapons for TV, theatrical performances and film productions. This measure provides those companies and retailers who sell and hire any items on the Offensive Weapons Order for film, television and theatre productions with a defence from prosecution. This measure came into force on 6 April 2008.

I cannot offer a definitive view on whether belly dancing constitutes “theatrical performances”. You could contact the trade union for artists and performers, Equity, for advice. It is important to remember that the offence is not on purchase but on sale or hire, and production of an Equity membership card may provide a retailer with the necessary confidence that he is acting within the law in selling a curved sword for use in TV, theatrical and film productions.

The Home Office can only offer guidance on the legislation – it would be for Individuals to take legal advice if they have any doubts as to whether they are captured by the legislation. I would be grateful if you could add this response to any belly dancing forums etc so it would attract wider coverage.

Regards

Jonathan Batt
Public Order and Offensives Weapons section
Public Order Unit

020 7035 1807