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Video Recordings Act 1984

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4Authority to determine suitability of video works for classification

(1)The Secretary of State may by notice under this section designate any person as the authority responsible for making arrangements—

(a)for determining for the purposes of this Act whether or not video works are suitable for classification certificates to be issued in respect of them, having special regard to the likelihood of video works in respect of which such certificates have been issued being viewed in the home,

(b)in the case of works which are determined in accordance with the arrangements to be so suitable—

(i)for making such other determinations as are required for the issue of classification certificates, and

(ii)for issuing such certificates, and

(c)for maintaining a record of such determinations (whether determinations made in pursuance of arrangements made by that person or by any person previously designated under this section), including video recordings of the video works to which the determinations relate.

(2)The power to designate any person by notice under this section includes power—

(a)to designate two or more persons jointly as the authority responsible for making those arrangements, and

(b)to provide that any person holding an office or employment specified in the notice is to be treated as designated while holding that office or employment.

(3)The Secretary of State shall not make any designation under this section unless he is satisfied that adequate arrangements will be made for an appeal by any person against a determination that a video work submitted by him for the issue of a classification certificate—

(a)is not suitable for a classification certificate to be issued in respect of it, or

(b)is not suitable for viewing by persons who have not attained a particular age,

or against a determination that no video recording containing the work is to be supplied other than in a licensed sex shop.

(4)The Secretary of State may at any time designate another person in place of any person designated under this section and, if he does so, may give directions as to the transfer of any record kept in pursuance of the arrangements referred to in subsection (1) above; and it shall be the duty of any person having control of any such record or any part of it to comply with the directions.

(5)No fee shall be recoverable by the designated authority in connection with any determination falling within subsection (1)(a) or (b) above or the issue of any classification certificate unless the fee is payable in accordance with a tariff approved by the Secretary of State.

(6)The Secretary of State may for the purposes of subsection (5) above approve a tariff providing for different fees for different classes of video works and for different circumstances.

(7)Any notice under this section shall be published in the London, Edinburgh and Belfast Gazettes.

(8)In this Act, references to the designated authority, in relation to any transaction, are references to the person or persons designated under this section at the time of that transaction.

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