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Video Recordings Act 1984

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3 Exempted supplies.E+W+S

(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 [F1a 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 [F2a film exhibition to which Article 8 of the Cinemas (Northern Ireland) Order 1991 applies] (similar provision for Northern Ireland),

is an exempted supply.

[F3(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— [F4a 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 M1National Health Service Act 1977 or the M2National Health Service (Scotland) Act 1978, or

(ii)such of the services provided in pursuance of the M3Health 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 [F5the Health Professions Order 2001][F6the Nursing and Midwifery Order 2001][F7the Medical Act 1983, the M4 Osteopaths Act 1993 or the Chiropractors Act 1994].

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F2Words in s. 3(6)(b) substituted (N.I.) (27.8.1991) by S.I. 1991/1462 (N.I. 12), art. 19(1), Sch. 2 para. 3(1).

F4Words substituted for paras. (a) and (b) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20, para. 39

F5Words in s. 3(11) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 4 (with art. 3(19))

F6Words in s. 3(11) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 9 (with art. 3(18))

F7Words in s. 3(11) substituted (13.5.1999) by 1994 c. 17, s. 39; S.I. 1999/1309 art. 2

Marginal Citations

3 Exempted supplies.N.I.

(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 [F8a 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 [F9a film exhibition to which Article 8 of the Cinemas (Northern Ireland) Order 1991 applies] (similar provision for Northern Ireland),

is an exempted supply.

[F10(7)The premises referred to in subsection (6) above are—

(a)premises in respect of which a licence under Article 3 of the Cinemas (Northern Ireland) Order 1991 is in force,

(b)premises falling within Article 9 of that Order (premises used only occasionally and exceptionally for film exhibitions), or

(c)premises falling within Article 10 of that Order (building or structure of a movable character) in respect of which such a licence as is mentioned in paragraph (1)(a) of that Article has been granted.]

(8)The supply of a video recording with a view only to its use for or in connection with— [F11a 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 M5National Health Service Act 1977 or the M6National Health Service (Scotland) Act 1978, or

(ii)such of the services provided in pursuance of the M7Health 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 [F12the Health Professions Order 2001][F13the Nursing and Midwifery Order 2001][F14the Medical Act 1983, the M8Osteopaths Act 1993 or the Chiropractors Act 1994].

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F9Words in s. 3(6)(b) substituted (N.I.) (27.8.1991) by S.I. 1991/1462 (N.I. 12), art. 19(1), Sch. 2 para. 3(1).

F11Words substituted for paras. (a) and (b) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20, para. 39

F12Words in s. 3(11) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 4 (with art. 3(19))

F13Words in s. 3(11) substituted (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 9 (with art. 3(18))

F14Words in s. 3(11) substituted (13.5.1999) by 1994 c. 17, s. 39; S.I. 1999/1309, art. 2

Marginal Citations

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