[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 to any person who has not attained the age specified in the certificate, a person who supplies or offers to supply [F3such a video recording] to a person who has not attained the age so specified is guilty of an offence unless
[F4(a)the video work is an exempted work, or
(b)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 this section 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 neither knew nor had reasonable grounds to believe that the person concerned had not attained that age,
[F5(ba)that the accused believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was an exempted work,] 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) or (5) of this Act.
[F6(3)A person guilty of an offence under this section 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.]]
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F1Ss. 1-17 repealed and revived (21.1.2010) by Video Recordings Act 2010 (c. 1), ss. 1(1), 2(2) (with Sch.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)
F2Words in s. 11(1) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 6(2)(a); S.I. 2012/1164, art. 2(b)
F3Words in s. 11(1) substituted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 6(2)(b); S.I. 2012/1164, art. 2(b)
F4Words in s. 11(1) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 6(2)(c); S.I. 2012/1164, art. 2(b)
F5S. 11(2)(ba) inserted (1.5.2012) by Digital Economy Act 2010 (c. 24), s. 47(3)(c), Sch. 1 para. 6(3); S.I. 2012/1164, art. 2(b)
F6S. 11(3) inserted (3.2.1995) by 1994 c. 33, s. 88(4)(7); S.I. 1995/127, art. 2, Sch. 1