Preliminary
1 Interpretation of terms.
1
The provisions of this section shall have effect for the interpretation of terms used in this Act.
2
“Video work” means any series of visual images (with or without sound)—
a
b
shown as a moving picture.
3
4
“Supply” means supply in any manner, whether or not for reward, and, therefore, includes supply by way of sale, letting on hire, exchange or loan; and references to a supply are to be interpreted accordingly.
2 Exempted works.
1
Subject to subsection (2) F5or (3) below, a video work is for the purposes of this Act an exempted work if, taken as a whole—
a
it is designed to inform, educate or instruct;
b
it is concerned with sport, religion or music; or
c
it is a video game.
2
A video work is not an exempted work for those purposes if, to any significant extent, it depicts—
a
human sexual activity or acts of force or restraint associated with such activity;
b
mutilation or torture of, or other acts of gross violence towards, humans or animals;
c
human genital organs or human urinary or excretory functions;
F6d
techniques likely to be useful in the commission of offences;
F83
A video work is not an exempted work for those purposes if, to any significant extent, it depicts criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences.
E23 Exempted supplies.
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 F16a 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 F17a film exhibition to which Article 8 of the Cinemas (Northern Ireland) Order 1991 applies (similar provision for Northern Ireland),
is an exempted supply.
F187
The premises referred to in subsection (6) above are—
F25za
premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,
a
premises F23in Scotland in respect of which a licence under section 1 of the Cinemas Act 1985 is in force,
b
premises F24in Scotland falling within section 7 of that Act (premises used only occasionally and exceptionally for film exhibitions), or
c
premises F23in Scotland 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— F19a 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
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 F20the Health Professions Order 2001F21the Nursing and Midwifery Order 2001F22the Medical Act 1983, the M8 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.
E13 Exempted supplies.
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 F9a 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 F10a film exhibition to which Article 8 of the Cinemas (Northern Ireland) Order 1991 applies (similar provision for Northern Ireland),
is an exempted supply.
F117
The premises referred to in subsection (6) above are—
F25za
premises in England and Wales which, by virtue of an authorisation within the meaning of section 136 of the Licensing Act 2003, may be used for the exhibition of a film within the meaning of paragraph 15 of Schedule 1 to that Act,
a
premises F23in Scotland in respect of which a licence under Article 3 of the Cinemas (Northern Ireland) Order 1991 is in force,
b
premises F24in Scotland falling within Article 9 of that Order (premises used only occasionally and exceptionally for film exhibitions), or
c
premises F23in Scotland 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— F12a 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
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 F13the Health Professions Order 2001F14the Nursing and Midwifery Order 2001F15the Medical Act 1983, the M4Osteopaths 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.