Explanatory note

This Order brings into force in England, Wales and Northern Ireland on 1st September 1985 sections 2, 3, 6, 11 to 19 and 21 (Article 2) and, for certain purposes only, sections 9 and 10 of the Video Recordings Act 1984 (Article 3). With the exception of section 18, which does not extend to Scotland, and with the substitution of section 20 for section 19 (these two sections make comparable provision for, respectively, Scotland and England, Wales and Northern Ireland), the same sections are brought into force in Scotland on the same date by the Video Recordings Act 1984 (Scotland) (Commencement No. 2) Order 1985 (S.I. 1985/1265).

Section 2 defines “exempted work” and section 3 “exempted supplies” for the purposes of the Act. Section 6 provides for an annual report to be made by the authority designated under section 4 to the Secretary of State which must be laid by him before Parliament. Sections 11 to 14 create offences of supplying or offering to supply a video recording in breach of the classification certificate issued in respect of a work contained in the recording (sections 11 and 12); which does not comply with labelling requirements under regulations made under section 8 (section 13); or containing a false indication as to the classification of a video work contained in the recording (section 14). Section 15 deals with penalties for offences under the Act and section 16 makes provision for offences by bodies corporate. Section 17 provides for entry, search and seizure and section 18 for arrest. Section 19 makes provision for evidence, notably as to the designated authority's record, to be given by certificate. Section 21 provides for the forfeiture of a video recording.

Sections 9 and 10 create the offences of supplying, offering to supply and possession for the purpose of supply of a video recording containing an unclassified video work. This Order brings these sections into force in respect of any work which, before 1st September 1985, has not been sold, let on hire or offered for sale or hire in the United Kingdom to the public in a video recording.