Video Recordings Act 2010

2010 Chapter 1

An Act to repeal and revive provisions of the Video Recordings Act 1984.

[21st January 2010]

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:—

1Repeal 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 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 and regulations.

3

The Schedule to this Act contains transitional provision.

2Short 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.

3

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

SCHEDULETransitional provision

Section 1

1“Relevant provisions”

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 Act.

2References to enactments etc

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 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 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 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.

3Savings for action taken under the Video Recordings Act 1984

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.

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 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

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.

4Power to enable designated authority to review certain determinations

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).

5Civil sanctions

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 Regulatory Enforcement and Sanctions Act 2008 was passed.

6Extent and application

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