Digital Economy Act 2010

2 (1) Section 4 (authority to determine suitability of video works for classification) is amended as follows.

(2) In subsection (1)(b)—

(a) in sub-paragraph (i), after “issue” insert “or revocation”, and

(b) in sub-paragraph (ii), after “issuing” insert “and revoking”.

(3) After subsection (1B) insert—

“(1C) The arrangements made under this section may require a person requesting a classification certificate for a video work to agree to comply with a code of practice, which may, in particular, include provision relating to the labelling of video recordings.”

(4) After subsection (3) insert—

“(3A) The Secretary of State must not make a designation under this section unless satisfied that adequate arrangements will be made for taking account of public opinion in the United Kingdom.”

(5) For subsection (5) substitute—

“(5) No fee is recoverable by, or in accordance with arrangements made by, the designated authority in connection with a determination in respect of a video work or the issue of a classification certificate unless the designated authority has consulted the Secretary of State about such fees.”

(6) Omit subsection (6).

(7) After that subsection insert—

“(6A) When making arrangements under this section, the designated authority must have regard to any guidance issued by the Secretary of State.

(6B) The Secretary of State may not issue guidance about the matters to be taken into account when determining the suitability of a video work for the issue of a classification certificate or a classification certificate of a particular description.”

(8) In subsection (8)—

(a) after “Act” insert—

(a)” , and

(b) at the end insert

“, and

(b) references to the designated authority, in relation to a classification certificate, are references to the person or persons designated under this section when the certificate is issued,

(but see also section 4ZA(2)).”