Video Recordings Act 1984

Contents

Preliminary

1Interpretation of terms.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(2)Notwithstanding paragraph (1), regulation 4 of those Regulations (and the provisions of regulation 1 of, and the Schedule to, those Regulations so far as they relate to regulation 4) shall have effect in relation to the school year beginning in 1996 and any pupil who enters the first year of the fourth key stage in that year as if regulation 4(2)(b) of those Regulations referred to an examination to be held in that school year.

(a)

(b)

(3)

(4)

2Exempted works.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(1A)In paragraph (1) of regulation 41, the reference to a departure direction shall be construed as a reference to any departure direction that would be given if the application had been made solely on the grounds that the case falls within paragraph 2 of Schedule 4B to the Act, and the reference to the absent parent’s assessable income shall be construed as a reference to the assessable income calculated in consequence of such a direction.

(a)

(b)

(c)working families' tax credit ;

(1ZA)Where the requirement for a marine licence, or variation of a marine licence, under Part 4 of the 2009 Act for an activity in an area beyond national jurisdiction depends on the application of these Regulations (including the doing or not doing of anything under these Regulations), these Regulations have effect as if such a licence or variation were required unless and until the application of these Regulations produces a different result.

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(f)a jobseeker’s allowance.

(g)a debt incurred by the applicant to pay any of the items listed in sub-paragraphs (c) to (f) and (j);

(h)amounts payable by the applicant under a mortgage or loan taken out on the security of any property except where that mortgage or loan was taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which is the home of the parent with care and any child in respect of whom the current assessment was made;

(i)amounts payable by the applicant in respect of a policy of insurance of a kind referred to in paragraph 3(4) or (5) of Schedule 3 to the Maintenance Assessments and Special Cases Regulations ^note (eligible housing costs) except where that policy of insurance was obtained or retained to discharge a mortgage or charge taken out to facilitate the purchase of, or to pay for repairs or improvements to, any property which is the home of the parent with care and any child in respect of whom the current assessment was made;

(j)a bank overdraft except where the overdraft was, at the time it was taken out, agreed to be for a specified amount repayable over a specified period;

(k)a loan obtained by the applicant, other than a loan obtained from a qualifying lender or the applicant’s current or former employer;

(l)a debt in respect of which a departure direction has already been given and which has not been repaid during the period for which that direction was in force except where the maintenance assessment in respect of which that direction was given was cancelled or ceased to have effect and, during the period for which that direction was in force, a further maintenance assessment was made in respect of the same applicant, non-applicant and qualifying child with respect to whom the earlier assessment was made; or

(m)any other debt which the Secretary of State is satisfied it is reasonable to exclude.

(n)a body not falling within sub-paragraph (m) above, one of whose purposes is to reduce crime and disorder in that area;

(o)a body established for religious purposes within that area;

(1ZB)For the purposes of subsection (1ZA), a video work promotes something if the work is likely (to any extent) to stimulate or encourage that thing.

(1ZC)In subsection (1ZA)—• “human or animal character” means a character that is or whose appearance is similar to that of—(a) a human being, or(b) an animal that exists or has existed in real life,but does not include a simple stick character or any equally basic representation of a human being or animal;• “imitable dangerous activity” means an activity which—(a) if imitated by a person, may endanger the welfare or health of any person or animal, and(b) may be easily imitated by a person; and• “violence” does not include any violence that is—(a) mild, or(b) not directed towards human or animal characters,unless it is sexual violence..

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(3)

(4)The Secretary of State may by regulations amend this section—

(a)by adding or removing a case in which a video work is not an exempted work, or

(b)by amending a description of such a case.

2AConditions relating to video games#

(1)The conditions referred to in section 2(1A)(c) are as follows.

(2)The first condition is that the video game does not include any of the following—

(a)depictions of violence towards human or animal characters, whether or not the violence looks realistic and whether or not the violence results in obvious harm,

(b)depictions of violence towards other characters where the violence looks realistic,

(c)depictions of criminal activity that are likely, to any extent, to stimulate or encourage the commission of offences,

(d)depictions of activities involving illegal drugs or the misuse of drugs,

(e)words or images that are likely, to any extent, to stimulate or encourage the use of alcohol or tobacco,

(f)words or images that are intended to convey a sexual message,

(g)swearing, or

(h)words or images that are intended or likely, to any extent, to cause offence, whether on the grounds of race, gender, disability, religion or belief or sexual orientation or otherwise.

(3) In subsection (2) “ human or animal character ” means a character that is, or whose appearance is similar to that of—

(a)a human being, or

(b)an animal that exists or has existed in real life,

but does not include a simple stick character or any equally basic representation of a human being or animal.

(4)The second condition is that the designated authority, or a person nominated by the designated authority for the purposes of this section, has confirmed in writing that the video game is suitable for viewing by persons under the age of 12.

(5)The Secretary of State may by regulations amend this section—

(a)by amending the first condition, or

(b)by adding a further condition (or by amending or removing such a condition).

(6)Regulations under this section may make provision by reference to documents produced by the designated authority.

3Exempted supplies.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(iii)in the case of a person to whom regulation 12 applies (couples who separate where the separated partner has attained the age of 60), the date of separation;

(c)working families' tax credit ;

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(c)working families' tax credit ;

(za)in the heading, omit “of Member States”;

(8)

(8A)The light signals shown in diagram 4003.4 may be placed only in conjunction with—

(a)

(b)

(8B)The light signals shown in diagram 4003.4A may be placed only in conjunction with the light signals shown in diagram 4003.4 and the light signals prescribed by regulation 33(1).

(9)

(10)Where the amount of a bonus would, but for this paragraph, include a fraction of a penny, that fraction shall be disregarded if it is less than a half penny and shall otherwise be treated as a penny.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(c)working families' tax credit ;

(11)Subject to paragraphs (6) to (10), the amount of the bonus payable shall be the whole of the amount calculated in accordance with this regulation.

(11A)In paragraphs (6) to (11) “claimant” does not include—

but Article 6A, which contains corresponding provisions relating to joint-claim couples, applies instead.

(12)In paragraph (5), “official error" means a mistake made or something done or omitted to be done by an officer of the Department for Work and Pensions acting as such where the person claiming the qualifying benefit or any person acting on his behalf has not caused, or materially contributed to, that mistake or omission.

(13)The Secretary of State may by regulations amend this section and the regulations may, in particular—

(a)add a case in which the supply of a video recording is an exempted supply for the purposes of this Act, or

(b)repeal a provision of this section.

Classification and labelling

7Classification certificates.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(c)working families' tax credit ;

(3)For the purposes of this Act, a video work is not a video work in respect of which a classification certificate has been issued if every classification certificate issued in respect of the video work has been revoked.

7AClassification certificates for particular video recordings#

(1)A classification certificate issued in respect of a video work may be issued so as to have effect only for the purposes of a video recording that is described in the certificate (whether by reference to its contents, to the manner in which it is, or is to be, supplied or otherwise).

(2)For the purposes of this Act, a video recording contains a video work in respect of which a classification certificate has been issued if (and only if) a classification certificate that has been issued in respect of the video work has effect for the purposes of the video recording.

8Requirements as to labelling etc.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(3)

Designated authority

4Authority to determine suitability of video works for classification.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ia)Article 5A(1);

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(c)working families' tax credit ;

(a)

(b)

(1B)Where the sign shown in diagram 7014.1 is placed in connection with works involving a temporary reduction, it may be retained only until completion of those works.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(1C)Where the sign shown in diagram 7014.1 is placed in connection with works involving a permanent reduction, it may be retained not later than the end of the period of 6 months beginning with completion of those works.

(a)

(b)

(3)

(a)

(b)

(3A)Subject to paragraph (3B), where an application is determined in accordance with regulation 14 and is one to which paragraph (7) of that regulation applies, a departure direction given in response to that application shall take effect—

(4)

(5)

(6)

(6A)Where an application for acceptance of a variety onto a GB Variety List is yet to be determined, the Secretary of State shall not publish in the Gazette details of any proposed maintainer or proposed substitution or addition of a maintainer of that variety.

(6B)During the additional transitional period—

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)In this Act,

(a)references to the designated authority, in relation to any transaction, are references to the person or persons designated under this section at the time of that transaction, and

(b)references to the designated authority, in relation to a classification certificate, are references to the person or persons designated under this section when the certificate is issued,

(but see also section 4ZA(2)).

4ACriteria for suitability to which special regard to be had.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(2)The default rate for the purposes of Article 14(5)(b) of the Order shall be—• £30 where there is one qualifying child of the non-resident parent;• £40 where there are two qualifying children of the non-resident parent;• £50 where there are three or more qualifying children of the non-resident parent,

4BReview of determinations as to suitability.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

(e)income support;

(f)a jobseeker’s allowance.

(g)a debt incurred by the applicant to pay any of the items listed in sub-paragraphs (c) to (f) and (j);

(3)

(4)

(5)

(6)

4ZADesignated authorities for video games and other video works#

(1)The power to designate a person by notice under section 4 includes power to designate different persons—

(a)as the authority responsible for making arrangements in respect of video games (“the video games authority”), and

(b)as the authority responsible for making arrangements in respect of other video works (“the video works authority”).

(2)Where there are two designated authorities, references in this Act to the designated authority, in relation to a video work, are references to the designated authority responsible for making arrangements in respect of the video work, taking account of any allocation in force under section 4ZB.

4ZBDesignated authorities: allocation of responsibility for video games#

(1)Where there are two designated authorities, the video games authority may, with the consent of the video works authority, allocate to that authority responsibility—

(a)for a class of video games, or

(b)for video games, or a class of video games, when (and only when) they are contained in a video recording that is described in the allocation (whether by reference to its contents, to the manner in which it is, or is to be, supplied or otherwise).

(2)If an allocation is in force—

(a)the video works authority is responsible for making arrangements under this Act in respect of the allocated video games, and

(b)the video games authority ceases to be responsible for making such arrangements.

(3)An allocation—

(a)must be made by a notice, and

(b)may be withdrawn at any time by a notice given by the video games authority with the consent of the video works authority.

(4)When making or withdrawing an allocation under this section, the video games authority must have regard to any guidance issued by the Secretary of State.

(5)A notice under this section must be—

(6)A question as to which designated authority is responsible for making arrangements in respect of a video game may be conclusively determined by the video games authority.

(a)sent to the Secretary of State, and

(b)published in such manner as the video games authority considers appropriate.

4ZCDesignated authorities: video works included in video games#

(1)The video games authority may make such arrangements in respect of video works included in video games as it considers are necessary for the purposes of fulfilling its responsibilities in respect of video games.

(2)Where there are two designated authorities, the arrangements made by the video games authority under section 4 must, to the extent that the video games authority considers appropriate, include either or both of the following—

(a)arrangements for having regard to any classification certificate issued by the video works authority in respect of a video work included in a video game;

(b)arrangements for obtaining and having regard to a determination by the video works authority as to the suitability of all or part of a video work included in a video game.

(3)For the purpose of determining the extent to which arrangements described in subsection (2)(a) or (b) are appropriate, the video games authority must—

(a)consult the video works authority, and

(b)have regard to any guidance issued by the Secretary of State.

(4)In this section, “suitability” means suitability for the issue of a classification certificate or suitability for the issue of a classification certificate of a particular description.

5Parliamentary procedure for designation.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(3)

(a)

(b)

6Annual report.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

Miscellaneous and supplementary

16Offences by bodies corporate.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

16AEnforcement.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(1B)Where the sign shown in diagram 7014.1 is placed in connection with works involving a temporary reduction, it may be retained only until completion of those works.

(3)

(4)

(4A)Where day to day care of the relevant child is shared between the current partner of the person making an application under this regulation and the other parent of that child, the amounts referred to in paragraph (4) shall be reduced by the proportion of those amounts which is the same as the proportion of the week in respect of which the child is not living in the same household as the applicant.

(4ZA)In a case to which paragraph (1A) applies, the regulator must not grant regulatory approval unless it has determined that to do so would be compatible with the United Kingdom’s obligations under Part 4 of the Biodiversity Beyond National Jurisdiction Agreement.

(5)

• section 27 (power to make test purchases),• section 28 (power to enter premises and inspect and seize goods and documents),• section 29 (obstruction of authorised officers), and• section 33 (compensation for loss, &c. of goods seized under s. 28).

16BExtension of jurisdiction of magistrates’ courts in linked cases.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(3)

(a)

(b)

16CExtension of jurisdiction of sheriff in linked cases.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

16DExtension of jurisdiction of magistrates’ courts in Northern Ireland in linked cases.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Entry, search and seizure.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(3)

(a)

(b)

18Arrest.#

(1)If a constable has reasonable grounds for suspecting that a person has committed an offence under this Act, he may require him to give his name and address and, if that person refuses or fails to do so or gives a name and address which the constable reasonably suspects to be false, the constable may arrest him without warrant.

(2)This section does not extend to Scotland.

19Evidence by certificate.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(a)

(b)

(3)

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(a)

(b)

(3B)For the purposes of paragraph (3A), paragraph (8) of regulation 14 shall not apply.

(a)

(b)

(4)

(5)

(a)

(b)

(c)working families' tax credit ;

(d)disabled person’s tax credit ;

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Forfeiture.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(3)

(4)

(a)

(b)

(5)

22Other interpretation.#

(1)In this regulation—• “cone” means the sign shown in diagram 7101.1;• “delineator” means the sign shown in diagram 7102;• “cylinder” means the sign shown in diagram 7103.

(2A)For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(3)

22ARegulations#

(1)Regulations under this Act are to be made by statutory instrument.

(2)Every power of the Secretary of State to make regulations under this Act includes—

(a)power to make different provision for different purposes, and

(b)power to make transitional or saving provision.

(3)A statutory instrument containing regulations under section 2, 2A or 3 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

23Short title, commencement and extent.#

(1)This Act may be cited as the Video Recordings Act 1984.

(2)This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3)This Act extends to Northern Ireland.

Offences and penalties

9Supplying video recording of unclassified work.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(3)

(a)

(b)

10Possession of video recording of unclassified work for the purposes of supply.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(c)working families' tax credit ;

(3)

(a)

(b)

11Supplying video recording of classified work in breach of classification.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(ba)the setting of criteria under article 15B;

(c)working families' tax credit ;

(3)

12Certain video recordings only to be supplied in licensed sex shops.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(c)working families' tax credit ;

(3)

(4)

(a)

(b)

(c)working families' tax credit ;

(5)

(6)

(a)

(b)

13Supply of video recording not complying with requirementsas to labels, etc.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(b)

(za)in the heading, omit “of Member States”;

(3)

14Supply of video recording containing false indication as to classification.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(a)

(b)

(a)

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ia)Article 5A(1);

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(3)

(a)

(b)

(4)

(a)

(ai)in point (1), omit the words from “a farmer” to “that Regulation,

(i)in the case of a person who satisfies the 3rd condition in regulation 7, the last day on which he was engaged in training;

(ii)in the case of a person to whom the 4th condition specified in regulation 7 applies (couples who separate), the date of separation;

(b)

(5)

14AGeneral defence to offences under this Act.#

Without prejudice to any defence specified in the preceding provisions of this Act in relation to a particular offence, it is a defence to a charge of committing any offence under this Act to prove—

(a)

(b)

15Time limit for prosecutions.#

(1)The Education (National Curriculum) (Exceptions) Regulations 1994 are hereby revoked.

(3)

(a)

(b)

(c)working families' tax credit ;

Contains public sector information licensed under the Open Government Licence v3.0.

1Interpretation of terms.#

2Exempted works.#

2AConditions relating to video games#

3Exempted supplies.#

7Classification certificates.#

7AClassification certificates for particular video recordings#

8Requirements as to labelling etc.#

4Authority to determine suitability of video works for classification.#

4ACriteria for suitability to which special regard to be had.#

4BReview of determinations as to suitability.#

4ZADesignated authorities for video games and other video works#

4ZBDesignated authorities: allocation of responsibility for video games#

4ZCDesignated authorities: video works included in video games#

5Parliamentary procedure for designation.#

6Annual report.#

16Offences by bodies corporate.#

16AEnforcement.#

16BExtension of jurisdiction of magistrates’ courts in linked cases.#

16CExtension of jurisdiction of sheriff in linked cases.#

16DExtension of jurisdiction of magistrates’ courts in Northern Ireland in linked cases.#

17Entry, search and seizure.#

18Arrest.#

19Evidence by certificate.#

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

21Forfeiture.#

22Other interpretation.#

22ARegulations#

23Short title, commencement and extent.#

9Supplying video recording of unclassified work.#

10Possession of video recording of unclassified work for the purposes of supply.#

11Supplying video recording of classified work in breach of classification.#

12Certain video recordings only to be supplied in licensed sex shops.#

13Supply of video recording not complying with requirementsas to labels, etc.#

14Supply of video recording containing false indication as to classification.#

14AGeneral defence to offences under this Act.#

15Time limit for prosecutions.#

Defined terms · 2

Key facts

History · 12 versions

1Interpretation of terms.#

2Exempted works.#

2AConditions relating to video games#

3Exempted supplies.#

7Classification certificates.#

7AClassification certificates for particular video recordings#

8Requirements as to labelling etc.#

4Authority to determine suitability of video works for classification.#

4ACriteria for suitability to which special regard to be had.#

4BReview of determinations as to suitability.#

4ZADesignated authorities for video games and other video works#

4ZBDesignated authorities: allocation of responsibility for video games#

4ZCDesignated authorities: video works included in video games#

5Parliamentary procedure for designation.#

6Annual report.#

16Offences by bodies corporate.#

16AEnforcement.#

16BExtension of jurisdiction of magistrates’ courts in linked cases.#

16CExtension of jurisdiction of sheriff in linked cases.#

16DExtension of jurisdiction of magistrates’ courts in Northern Ireland in linked cases.#

17Entry, search and seizure.#

18Arrest.#

19Evidence by certificate.#

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

21Forfeiture.#

22Other interpretation.#

22ARegulations#

23Short title, commencement and extent.#

9Supplying video recording of unclassified work.#

10Possession of video recording of unclassified work for the purposes of supply.#

11Supplying video recording of classified work in breach of classification.#

12Certain video recordings only to be supplied in licensed sex shops.#

13Supply of video recording not complying with requirementsas to labels, etc.#

14Supply of video recording containing false indication as to classification.#

14AGeneral defence to offences under this Act.#

15Time limit for prosecutions.#