Video Recordings Act 1984

Preliminary U.K.

1 Interpretation of terms. U.K.

(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 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. U.K.

(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. U.K.

(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 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 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 [F1 a film exhibition to which section 6 of the Cinemas Act 1985 applies (film]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 M1 Cinematograph Act (Northern Ireland) 1959 (similar provision for Northern Ireland),

is an exempted supply.

[F2 (7) The premises referred to in subsection (6) above are—

(a) premises in respect of which a licence under section 2 of the M2 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.]

[F2 (7) The premises referred to in subsection (6) above are—

(a) premises in respect of which a licence under section 1 of the Cinemas Act 1985 is in force,

(b) premises falling within section 7 of that Act (premises used only occasionally and exceptionally for film exhibitions), or

(c) premises falling within section 8 of that Act (building or structure of a movable character) in respect of which such a licence as is mentioned in subsection (1)(a) of that section has been granted.]

(8) The supply of a video recording with a view only to its use for or in connection with— [F3 a programme service (within the meaning of the Broadcasting Act 1990)]

(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 relate occupation,

(b) for the purpose of—

(i) services provided in pursuance of the M3 National Health Service Act 1977 or the M4 National Health Service (Scotland) Act 1978, or

(ii) such of the services provided in pursuance of the M5 Health and Personal Social Services (Northern Ireland) Order 1972 as are health services (within the meaning of that Order), or

(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 M6 Professions Supplementary to Medicine Act 1960, the M7 Nurses, Midwives and Health Visitors Act 1979 or the M8 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.

Textual Amendments

F1 Words commencing "a film exhibition" substituted (E.W.S.) by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 18(1)(2).

F2 S. 3(7) containing the words “Cinemas Act 1985” substituted (E.W.S.) for s. 3(7) containing the words “Cinematograph Act 1909” by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 18(3)

F3 Words substituted for paras. (a) and (b) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20, para. 39

Marginal Citations

M1 1959 c. 20 (N.I.).

M2 1909 c. 30.

M3 1977 c. 49.

M4 1978 c. 29.

M5 S.I. 1972/1265 (N.I.14).

M6 1960 c. 66.

M7 1979 c. 36.

M8 1983 c. 54.