Commentary on Sections Section 1: Repeal and revival of provisions of the Video Recordings Act 1984
9.Subsection (1) provides for sections 1 to 17, 19, 21 and 22 of the 1984 Act to cease to be in force and, having been notified to the European Commission in accordance with the Technical Standards Directive, immediately to come into force again.
10.Sections 1 to 17, 19, 21 and 22 of the 1984 Act, which together make up the main provisions of that Act, provide for a system of age classification for video works, such as a film stored on DVD, in the UK. The purpose is to prohibit the supply of video works, particularly those with sexual or violent content, to persons below certain ages, and to prohibit generally the supply of unclassified video works. Sections 1 to 3 of the 1984 Act define key terms and exemptions. Sections 4 to 6 of the 1984 Act relate to the role of the classification authority (the British Board of Film Classification (“BBFC”) has been designated in this role). Sections 7 and 8 of the 1984 Act relate to classification certificates and labelling requirements. Sections 9 to 15 of the 1984 Act contain offences relating to the supply of video recordings in breach of classification and labelling requirements. Section 16 of the 1984 Act relates to offences by corporate bodies. Section 16A of the 1984 Act provides for enforcement by local weights and measures authorities, and sections 16B to 16D of the 1984 Act provide for the extension of jurisdiction of magistrates’ courts, sheriffs and magistrates’ courts in Northern Ireland in linked cases. Section 17 of the 1984 Act provides for powers of entry, search and seizure in relation to suspected offences under the Act. Section 19 of the 1984 Act provides for evidence relating to classification of a video work to be given by certificate. Section 21 of the 1984 Act provides for forfeiture of video recordings following conviction under the Act. Sections 18 and 20 of the 1984 Act have been repealed by earlier legislation.