Video Recordings Act 1984
| Year | 1984 |
Video Recordings Act 1984
1984 CHAPTER 39
An Act to make provision for regulating the distribution of video recordings and for connected purposes.
[12th July 1984]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Preliminary
1 Interpretation of terms.
(1) The provisions of this section shall have effect for the interpretation of terms used in this Act.
(2) ‘Video work’ means any series of visual images (with or without sound)—
(a ) produced electronically by the use of information contained on any disc or magnetic tape, and
(b ) shown as a moving picture.
(3) ‘Video recording’ means any disc or magnetic tape containing information by the use of which the whole or a part of a video work may be produced.
(4) ‘Supply’ means supply in any manner, whether or not for reward, and, therefore, includes supply by way of sale, letting on hire, exchange or loan; and references to a supply are to be interpreted accordingly.
2 Exempted works.
(1) Subject to subsection (2) below, a video work is for the purposes of this Act an exempted work if, taken as a whole—
(a ) it is designed to inform, educate or instruct;
(b ) it is concerned with sport, religion or music; or
(c ) it is a video game.
(2) A video work is not an exempted work for those purposes if, to any significant extent, it depicts—
(a ) human sexual activity or acts of force or restraint associated with such activity;
(b ) mutilation or torture of, or other acts of gross violence towards, humans or animals;
(c ) human genital organs or human urinary or excretory functions;
or is designed to any significant extent to stimulate or encourage anything falling within paragraph (a ) or, in the case of anything falling within paragraph (b ), is designed to any extent to do so.
3 Exempted supplies.
(1) The provisions of this section apply to determine whether or not a supply of a video recording is an exempted supply for the purposes of this Act.
(2) The supply of a video recording by any person is an exempted supply if it is neither—
(a ) a supply for reward, nor
(b ) a supply in the course or furtherance of a business.
(3) Where on any premises facilities are provided in the course or furtherance of a business for supplying video recordings, the supply by any person of a video recording on those premises is to be treated for the purposes of subsection (2) above as a supply in the course or furtherance of a business.
(4) Where a person (in this subsection referred to as the ‘original supplier’) supplies a video recording to a person who, in the course of a business, makes video works or supplies video recordings, the supply is an exempted supply—
(a ) if it is not made with a view to any further supply of that recording, or
(b ) if it is so made, but is not made with a view to the eventual supply of that recording to the public or is made with a view to the eventual supply of that recording to the original supplier.
For the purposes of this subsection, any supply is a supply to the public unless it is—
(i) a supply to a person who, in the course of a business, makes video works or supplies video recordings,
(ii) an exempted supply by virtue of subsection (2) above or subsections (5) to (10) below, or
(iii) a supply outside the United Kingdom.
(5) Where a video work—
(a ) is designed to provide a record of an event or occasion for those who took part in the event or occasion or are connected with those who did so,
(b ) does not, to any significant extent, depict anything falling within paragraph (a ), (b ) or (c ) of section 2(2) of this Act, and
(c ) is not designed to any significant extent to stimulate or encourage anything falling within paragraph (a ) of that subsection or, in the case of anything falling within paragraph (b ) of that subsection, is not designed to any extent to do so,
the supply of a video recording containing only that work to a person who took part in the event or occasion or is connected with someone who did so is an exempted supply.
(6) The supply of a video recording for the purpose only of the exhibition of any video work contained in the recording in premises other than a dwelling-house—
(a ) being premises mentioned in subsection (7) below, or
(b ) being an exhibition which in England and Wales or Scotland would be an exempted exhibition within the meaning of section 5 of the Cinematograph Act 1952 (cinematograph exhibition to which public not admitted or are admitted without payment), or in Northern Ireland would be an exempted exhibition within the meaning of section 5 of the Cinematograph Act ( Northern Ireland) 1959 (similar provision for Northern Ireland),
is an exempted supply.
(7) The premises referred to in subsection (6) above are—
(a ) premises in respect of which a licence under section 2 of the Cinematograph Act 1909 is in force,
(b ) premises falling within section 7(2) of that Act (premises used only occasionally and exceptionally for cinematograph exhibitions), or
(c ) premises falling within section 7(3) of that Act (building or structure of a movable character) in respect of which such a licence as is mentioned in paragraph (a ) of that subsection has been granted.
(8) The supply of a video recording with a view only to its use for or in connection with—
(a ) broadcasting services provided by the British Broadcasting Corporation or the Independent Broadcasting Authority, or
(b ) a service authorised by a licence granted or having effect as if granted under section 58 of the Telecommunications Act 1984 (power to license cable programme services) or, until the coming into force of that section, a system licensed under section 89 of the Post Office Act 1969 (licensing of programme distribution systems),
is an exempted supply.
(9) The supply of a video recording for the purpose only of submitting a video work contained in the recording for the issue of a classification certificate or otherwise only for purposes of arrangements made by the designated authority is an exempted supply.
(10) The supply of a video recording with a view only to its use—
(a ) in training for or carrying on any medical or related occupation,
(b ) for the purpose of—
(c ) in training persons employed in the course of services falling within paragraph (b ) above,
is an exempted supply.
(11) For the purposes of subsection (10) above, an occupation is a medical or related occupation if, to carry on the occupation, a person is required to be registered under the Professions Supplementary to Medicine Act 1960 , the Nurses, Midwives and Health Visitors Act 1979 or the Medical Act 1983 .
(12) The supply of a video recording otherwise than for reward, being a supply made for the purpose only of supplying it to a person who previously made an exempted supply of the recording, is also an exempted supply.
Designated authority
4 Authority to determine suitability of video works for classification.
(1) The Secretary of State may by notice under this section designate any person as the authority responsible for making arrangements—
(a ) for determining for the purposes of this Act whether or not video works are suitable for classification certificates to be issued in respect of them, having special regard to the likelihood of video works in respect of which such certificates have been issued being viewed in the home,
(b ) in the case of works which are determined in accordance with the arrangements to be so suitable—
(i) for making such other determinations as are required for the issue of classification certificates, and
(ii) for issuing such certificates, and
(c ) for maintaining a record of such determinations (whether determinations made in pursuance of arrangements made by that person or by any person previously designated under this section), including video recordings of the video works to which the determinations relate.
(2) The power to designate any person by notice under this section includes power—
(a ) to...
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