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Video Recordings Bill


 

Video Recordings Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Culture, Media and

Sport, are published separately as Bill 14—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Siôn Simon has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Video Recordings Bill are compatible with the

Convention rights.

 
Bill 1454/5
 

 


Video Recordings Bill

1

 

A

Bill

To

Repeal and revive provisions of the Video Recordings Act 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:—

1       

Repeal and revival of provisions of the Video Recordings Act 1984

(1)   

On the commencement of this Act, sections 1 to 17, 19, 21 and 22 of the Video

Recordings Act 1984 (regulation of the distribution of video recordings)—

(a)   

cease to be in force, and

(b)   

having been notified to the European Commission in accordance with

5

the Technical Standards Directive on 10 September 2009, come into

force again by virtue of this subsection.

(2)   

In subsection (1) “the Technical Standards Directive” means Directive 98/34/

EC of the European Parliament and of the Council of 22 June 1998 laying down

a procedure for the provision of information in the field of technical standards

10

and regulations.

(3)   

The Schedule to this Act contains transitional provision.

2       

Short title, commencement and extent

(1)   

This Act may be cited as the Video Recordings Act 2010.

(2)   

This Act comes into force on the day on which it is passed.

15

(3)   

This Act extends to England and Wales, Scotland and Northern Ireland.

 

Bill 14                                                                                                 

54/5

 
 

2

Video Recordings Bill
Schedule — Transitional provision

 

Schedule

Section 1

 

Transitional provision

“Relevant provisions”

1          

In this Schedule “a relevant provision” of the Video Recordings Act 1984

means provision contained in any of sections 1 to 17, 19, 21 and 22 of that

5

Act.

References to enactments etc

2     (1)  

References (however expressed) to a relevant provision of the Video

Recordings Act 1984, whether in that Act or in any other enactment,

instrument or document, have effect in relation to times after the

10

commencement of this Act as references to that provision as it has effect by

virtue of this Act.

      (2)  

Nothing in this Act affects the operation or exercise in relation to the Video

Recordings Act 1984 (or a relevant provision of that Act) of—

(a)   

an enactment that operates in relation to Acts passed before or in the

15

same Session as that enactment (or in relation to provision contained

in such Acts), or

(b)   

a power conferred by an enactment that is exercisable in relation to

Acts passed before or in the same Session as the enactment

conferring the power (or in relation to provision contained in such

20

Acts).

      (3)  

“Enactment” includes an enactment contained in an Act of the Scottish

Parliament, Northern Ireland legislation or a Measure of the National

Assembly for Wales.

Savings for action taken under the Video Recordings Act 1984

25

3     (1)  

Where anything mentioned in sub-paragraph (2) has been made, issued,

assigned or given (and not revoked, withdrawn or cancelled) before the

commencement of this Act, it has effect in relation to times after the

commencement of this Act as if made, issued, assigned or given under the

Video Recordings Act 1984 as it has effect by virtue of this Act.

30

      (2)  

Those things are—

(a)   

a designation under section 4 of the Video Recordings Act 1984

(person to be authority responsible for making arrangements

referred to in that section),

(b)   

arrangements and determinations made, and classification

35

certificates issued and titles assigned, by the designated authority in

accordance with that Act,

(c)   

an approval of tariffs by the Secretary of State for the purposes of

section 4(5) of that Act, and

 

 

Video Recordings Bill
Schedule — Transitional provision

3

 

(d)   

an order under section 4B of that Act (power to review certain

determinations).

      (3)  

Sub-paragraph (1) does not affect the date on which anything mentioned in

paragraphs (a) to (d) of sub-paragraph (2) is treated as having been made,

issued, assigned or given.

5

Power to enable designated authority to review certain determinations

4          

The reference in section 4B(1) of the Video Recordings Act 1984 (power to

enable designated authority to review certain determinations) to the coming

into force of section 4A of that Act is to be treated as a reference to 3

November 1994 (date on which section 4A first came into force).

10

Civil sanctions

5          

For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act

2008 (civil sanctions), the offences in sections 9 to 14 of the Video Recordings

Act 1984, as they have effect by virtue of this Act, are to be treated as having

been contained in those sections immediately before the day on which the

15

Regulatory Enforcement and Sanctions Act 2008 was passed.

Extent and application

6          

Nothing in this Act affects the extent or application of a relevant provision.

 
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