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Scotland Act 1998

Section B5: Entertainment
Purpose and Effect

This Section reserves certain matters which relate to entertainment.

General

The reservation covers licensing of premises for film exhibition and the classification of video recordings.

The classification of films for public exhibition, which is carried out by the British Board of Film Classification, is also to be reserved.  The Board is a non-statutory body established by the film industry in 1912 which certifies films as suitable for different categories of audience (or refuses a certificate).

Legislative competence in respect of the classification and supply of video recordings is also reserved.  The matter of broadcasting is reserved separately by Section K1.

Parliamentary Consideration
StageDateColumn
CC30-Mar-98958
CC30-Mar-98982
LC23-Jul-981077
LR3-Nov-98186
Details of Provisions

The subject-matter of the following are reserved:

(a)

the Video Recordings Act 1984.  This Act makes provision for regulating the distribution of video recordings.  In particular it makes provision for the classification and labelling of recordings and the supply and possession of videos that are not classified; and

(b)

sections 1 to 3 and 5 to 16 of the Cinemas Act 1985.  This Act makes provisions relating to the licensing of premises for use for film exhibition (including provision for certain exemptions from the requirements to hold a licence).

In addition, legislative competence in respect of the classification of films for public exhibition as carried out at present by the British Board of Film Classification, is reserved.

Executive Devolution

The following functions have been included in the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Cinemas Act 1985 (c.13), section 6(6) and (7).

The function of the Secretary of State to give a certificate on payment of such reasonable fee as he may determine to such an organisation which is not conducted or established for profit (section 6(6)); and the function of the Secretary of State to revoke a certificate given under section 6(6) (section 6(7)).

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