- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Video Recordings Act 1984, Section 12.
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[F1(1)Where a classification certificate issued in respect of a video work states that no video recording [F2, or no video recording described in the certificate, that contains ] that work is to be supplied other than in a licensed sex shop, a person who at any place other than in a sex shop for which a licence is in force under the relevant enactment—
(a)supplies [F3such a video recording], or
(b)offers to do so,
is guilty of an offence unless the supply is, or would if it took place be, an exempted supply.
(2)It is a defence to a charge of committing an offence under subsection (1) above to prove—
(a)that the accused neither knew nor had reasonable grounds to believe that the classification certificate contained the statement concerned,
(b)that the accused believed on reasonable grounds that the place concerned was a sex shop for which a licence was in force under the relevant enactment, or
(c)that the accused believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) of this Act or subsection (6) below.
(3)Where a classification certificate issued in respect of a video work states that no video recording [F4, or no video recording described in the certificate, that contains ] that work is to be supplied other than in a licensed sex shop, a person who has [F5such a video recording] in his possession for the purpose of supplying it at any place other than in such a sex shop is guilty of an offence, unless he has it in his possession for the purpose only of a supply which, if it took place, would be an exempted supply.
(4)It is a defence to a charge of committing an offence under subsection (3) above to prove—
(a)that the accused neither knew nor had reasonable grounds to believe that the classification certificate contained the statement concerned,
(b)that the accused believed on reasonable grounds that the place concerned was a sex shop for which a licence was in force under the relevant enactment, or
(c)that the accused had the video recording in his possession for the purpose only of a supply which he believed on reasonable grounds would, if it took place, be an exempted supply by virtue of section 3(4) of this Act or subsection (6) below.
[F6(4A)A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.]
(5) In this section “ relevant enactment ” means Schedule 3 to the M1 Local Government (Miscellaneous Provisions) Act 1982 or, in Scotland, Schedule 2 to the M2 Civic Government (Scotland) Act 1982 [F7 or, in Northern Ireland, Schedule 2 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 ] , and “ sex shop ” has the same meaning as in the relevant enactment.
(6)For the purposes of this section, where a classification certificate issued in respect of a video work states that no video recording [F8, or no video recording described in the certificate, that contains] that work is to be supplied other than in a licensed sex shop, the supply of [F9such a video recording]—
(a)to a person who, in the course of a business, makes video works or supplies video recordings, and
(b)with a view to its eventual supply in sex shops, being sex shops for which licences are in force under the relevant enactment,
is an exempted supply.]
Textual Amendments
F1Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch. paras. 2(2), 6)
F2Word in s. 12(1) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(2)(a); S.I. 2012/1164, art. 2(b)
F3Words in s. 12(1)(a) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(2)(b); S.I. 2012/1164, art. 2(b)
F4Word in s. 12(3) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(2)(a); S.I. 2012/1164, art. 2(b)
F5Words in s. 12(3) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(2)(b); S.I. 2012/1164, art. 2(b)
F6S. 12(4A) inserted (3.2.1995) by 1994 c. 33, s. 88(5)(7); S.I. 1995/127 art. 1, Sch. 1
F7Words inserted by S.I. 1985/1208 (N.I. 15), art. 42, Sch. 4
F8Word in s. 12(6) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(3)(a); S.I. 2012/1164, art. 2(b)
F9Words in s. 12(6) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 7(3)(b); S.I. 2012/1164, art. 2(b)
Marginal Citations
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