(1) Section 2 of the Video Recordings Act 1984 (exempted video works) is amended as follows.
(2) In subsection (1)—
(a) after “video work” insert “ other than a video game ”,
(b) after paragraph (a) insert “ or ”, and
(c) omit paragraph (c) (and the word “or” before it).
(3) After that subsection insert—
(1A) Subject to subsection (2) or (3) below, a video game is for the purposes of this Act an exempted work if—
(a) it is, taken as a whole, designed to inform, educate or instruct;
(b) it is, taken as a whole, concerned with sport, religion or music; or
(c) it satisfies one or more of the conditions in section 2A.
(4) After subsection (3) insert—
(4) The Secretary of State may by regulations amend this section—
(a) by adding or removing a case in which a video work is not an exempted work, or
(b) by amending a description of such a case.
(5) After section 2 of that Act insert—
Conditions relating to video games
2A (1) The conditions referred to in section 2(1A)(c) are as follows.
(2) The first condition is that the video game does not include any of the following—
(a) depictions of violence towards human or animal characters, whether or not the violence looks realistic and whether or not the violence results in obvious harm,
(b) depictions of violence towards other characters where the violence looks realistic,
(c) depictions of criminal activity that are likely, to any extent, to stimulate or encourage the commission of offences,
(d) depictions of activities involving illegal drugs or the misuse of drugs,
(e) words or images that are likely, to any extent, to stimulate or encourage the use of alcohol or tobacco,
(f) words or images that are intended to convey a sexual message,
(g) swearing, or
(h) words or images that are intended or likely, to any extent, to cause offence, whether on the grounds of race, gender, disability, religion or belief or sexual orientation or otherwise.
(3) In subsection (2) “human or animal character” means a character that is, or whose appearance is similar to that of—
(a) a human being, or
(b) an animal that exists or has existed in real life,
but does not include a simple stick character or any equally basic representation of a human being or animal.
(4) The second condition is that the designated authority, or a person nominated by the designated authority for the purposes of this section, has confirmed in writing that the video game is suitable for viewing by persons under the age of 12.
(5) The Secretary of State may by regulations amend this section—
(a) by amending the first condition, or
(b) by adding a further condition (or by amending or removing such a condition).
(6) Regulations under this section may make provision by reference to documents produced by the designated authority.
(6) In section 3 of that Act (exempted supplies), after subsection (8) insert—
(8A) The supply of a video recording in the form of a machine of a type designed primarily for use in an amusement arcade is an exempted supply unless the video game (or, if more than one, any of the video games) that it contains—
(a) depicts, to any significant extent, anything falling within section 2(2)(a), (b), (c) or (d) or (3), or
(b) is likely to any significant extent to stimulate or encourage anything falling within section 2(2)(a) or, in the case of anything falling within section 2(2)(b), is likely to any extent to do so.
(8B) The supply of any other video recording is an exempted supply if the recording is supplied for the purpose only of its use in connection with a supply that is an exempted supply under subsection (8A).
(7) At the end of that section insert—
(13) The Secretary of State may by regulations amend this section and the regulations may, in particular—
(a) add a case in which the supply of a video recording is an exempted supply for the purposes of this Act, or
(b) repeal a provision of this section.
(1) After section 4 of the Video Recordings Act 1984 insert—
Designated authorities for video games and other video works
4ZA (1) The power to designate a person by notice under section 4 includes power to designate different persons—
(a) as the authority responsible for making arrangements in respect of video games (“the video games authority”), and
(b) as the authority responsible for making arrangements in respect of other video works (“the video works authority”).
(2) Where there are two designated authorities, references in this Act to the designated authority, in relation to a video work, are references to the designated authority responsible for making arrangements in respect of the video work, taking account of any allocation in force under section 4ZB.
Designated authorities: allocation of responsibility for video games
4ZB (1) Where there are two designated authorities, the video games authority may, with the consent of the video works authority, allocate to that authority responsibility—
(a) for a class of video games, or
(b) for video games, or a class of video games, when (and only when) they are contained in a video recording that is described in the allocation (whether by reference to its contents, to the manner in which it is, or is to be, supplied or otherwise).
(2) If an allocation is in force—
(a) the video works authority is responsible for making arrangements under this Act in respect of the allocated video games, and
(b) the video games authority ceases to be responsible for making such arrangements.
(3) An allocation—
(a) must be made by a notice, and
(b) may be withdrawn at any time by a notice given by the video games authority with the consent of the video works authority.
(4) When making or withdrawing an allocation under this section, the video games authority must have regard to any guidance issued by the Secretary of State.
(5) A notice under this section must be—
(a) sent to the Secretary of State, and
(b) published in such manner as the video games authority considers appropriate.
(6) A question as to which designated authority is responsible for making arrangements in respect of a video game may be conclusively determined by the video games authority.
Designated authorities: video works included in video games
4ZC (1) The video games authority may make such arrangements in respect of video works included in video games as it considers are necessary for the purposes of fulfilling its responsibilities in respect of video games.
(2) Where there are two designated authorities, the arrangements made by the video games authority under section 4 must, to the extent that the video games authority considers appropriate, include either or both of the following—
(a) arrangements for having regard to any classification certificate issued by the video works authority in respect of a video work included in a video game;
(b) arrangements for obtaining and having regard to a determination by the video works authority as to the suitability of all or part of a video work included in a video game.
(3) For the purpose of determining the extent to which arrangements described in subsection (2)(a) or (b) are appropriate, the video games authority must—
(a) consult the video works authority, and
(b) have regard to any guidance issued by the Secretary of State.
(4) In this section, “suitability” means suitability for the issue of a classification certificate or suitability for the issue of a classification certificate of a particular description.
(2) Schedule 1 (which contains further amendments of the Video Recordings Act 1984) has effect.
42 Increase of penalties relating to infringing articles or illicit recordings
(1) The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) In section 107 (criminal liability for making or dealing with infringing articles etc.) in subsections (4)(a) and (4A)(a) for “the statutory maximum” substitute “ £50,000 ”.
(3) In section 198 (criminal liability for making, dealing with or using illicit recordings) in subsections (5)(a) and (5A)(a) for “the statutory maximum” substitute “ £50,000 ”.
(1) Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended as follows.
(2) Before the definition of “local library authority” insert—
“author”, in relation to a work recorded as a sound recording, includes a producer or narrator;
“book” includes—
(a) a work recorded as a sound recording and consisting mainly of spoken words (an “audio-book”), and
(b) a work, other than an audio-book, recorded in electronic form and consisting mainly of (or of any combination of) written or spoken words or still pictures (an “e-book”);
“lent out”—
(a) means made available to a member of the public for use away from library premises for a limited time, but
(b) does not include being communicated by means of electronic transmission to a place other than library premises,
and “loan” and “borrowed” are to be read accordingly;
“library premises” has the meaning given in section 8(7) of the Public Libraries and Museums Act 1964;
.
(3) After the definition of “prescribed” insert—
“producer” has the meaning given in section 178 of the Copyright, Designs and Patents Act 1988;
.
(4) At the end of the definition of “the register” omit “and”.
(5) At the end insert—
“sound recording” has the meaning given in section 5A(1) of the Copyright, Designs and Patents Act 1988.
(6) The Copyright, Designs and Patents Act 1988 is amended as follows.
(7) In section 40A (permitted acts in relation to copyright works: lending of copies by libraries or archives), for subsection (1) substitute—
(1) Copyright in a work of any description is not infringed by the following acts by a public library in relation to a book within the public lending right scheme—
(a) lending the book;
(b) in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.
(1A) In subsection (1)—
(a) “book”, “audio-book” and “e-book” have the meanings given in section 5 of the Public Lending Right Act 1979,
(b) “the public lending right scheme” means the scheme in force under section 1 of that Act,
(c) a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and
(d) “lending” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply).
(8) In Schedule 2, in paragraph 6B (permitted acts in relation to performances: lending of copies by libraries or archives)—
(a) at the beginning insert—
(A1) The rights conferred by this Chapter are not infringed by the following acts by a public library in relation to a book within the public lending right scheme—
(a) lending the book;
(b) in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.
(A2) Expressions used in sub-paragraph (A1) have the same meaning as in section 40A(1).
;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may by regulations made by statutory instrument make incidental, supplementary, consequential, transitional, transitory or saving provision in connection with the amendments made by this Act.
(2) The regulations may—
(a) make different provision for different purposes,
(b) modify an Act passed before or in the same Session as this Act or subordinate legislation made before this Act is passed, and
(c) where they are made in connection with an amendment made by section 28 or by a provision listed in section 47(3), modify a provision of an Act passed, or subordinate legislation made, before the day on which that amendment comes into force.
(3) A statutory instrument containing regulations under this section that amend or repeal a provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section—
“modify” includes amend, repeal or revoke;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(1) This Act extends to England and Wales, Scotland and Northern Ireland.
(2) An amendment of the following enactments that is made by this Act may be extended to any of the Channel Islands or the Isle of Man under the relevant extending power—
(a) Part 1 of the Copyright, Designs and Patents Act 1988;
(b) the Broadcasting Act 1990;
(c) the Broadcasting Act 1996;
(d) the Communications Act 2003;
(e) the Wireless Telegraphy Act 2006.
(3) “Relevant extending power” means—
(a) in relation to amendments of Part 1 of the Copyright, Designs and Patents Act 1988, section 157(2) of that Act;
(b) in relation to amendments of the Broadcasting Act 1990, section 204(6) of that Act;
(c) in relation to amendments of the Broadcasting Act 1996, section 150(4) of that Act;
(d) in relation to amendments of the Communications Act 2003, section 411(6) of that Act;
(e) in relation to amendments of the Wireless Telegraphy Act 2006, section 118(3) of that Act.
(4) The power conferred by section 157(2)(c) of the Copyright, Designs and Patents Act 1988 (power to extend to British overseas territories) is exercisable in relation to any amendment made by this Act to Part 1 of that Act.
(1) This Act comes into force at the end of the period of two months beginning with the day on which it is passed, but this is subject to—
(a) section 28(8), and
(b) subsections (2) and (3).
(2) The following come into force on the day on which this Act is passed—
(a) sections 5, 6, 7, 15 and 16(1),
(b) sections 30 to 32, and
(c) this section and sections 46 and 48.
(3) The following come into force on such day as the Secretary of State may by order made by statutory instrument appoint—
(a) sections 19 to 21,
(b) section 29 and the entries in Schedule 2 relating to sections 183A and 184 of the Broadcasting Act 1990 and Schedule 15 to the Communications Act 2003 (and section 45 so far as it relates to those entries),
(c) sections 40(2), (3), (5) and (6) and 41(1), paragraphs 2 to 4, 6 to 9 and 10(2) of Schedule 1 (and section 41(2) so far as it relates to those provisions) and the entries in Schedule 2 relating to sections 2, 4 and 22 of the Video Recordings Act 1984 (and section 45 so far as it relates to those entries), and
(d) section 43 and the entry in Schedule 2 relating to the Public Lending Right Act 1979 (and section 45 so far as it relates to that entry).
(4) The Secretary of State may appoint different days for different purposes.
SCHEDULE 1 Classification of video games etc: supplementary provision
Section 41
1 The Video Recordings Act 1984 is amended as follows.
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)).
3 In section 7 (classification certificates), at the end insert—
(3) For the purposes of this Act, a video work is not a video work in respect of which a classification certificate has been issued if every classification certificate issued in respect of the video work has been revoked.
4 After that section insert—
Classification certificates for particular video recordings
7A (1) A classification certificate issued in respect of a video work may be issued so as to have effect only for the purposes of a video recording that is described in the certificate (whether by reference to its contents, to the manner in which it is, or is to be, supplied or otherwise).
(2) For the purposes of this Act, a video recording contains a video work in respect of which a classification certificate has been issued if (and only if) a classification certificate that has been issued in respect of the video work has effect for the purposes of the video recording.
5 In section 8 (requirements as to labelling etc), omit subsections (2) and (3).
6 (1) Section 11 (supplying video recording of classified work in breach of classification) is amended as follows.
(2) In subsection (1)—
(a) for “containing” substitute “ , or no video recording described in the certificate, that contains ”,
(b) for “a video recording containing that work” substitute “ such a video recording ”, and
(c) after “unless” insert—
(a) the video work is an exempted work, or
(b)
.
(3) In subsection (2), after paragraph (b) (but before “or”) insert—
(ba) that the accused believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was an exempted work,
.
7 (1) Section 12 (certain video recordings only to be supplied in licensed sex shops) is amended as follows.
(2) In subsections (1) and (3)—
(a) for “containing” substitute “ , or no video recording described in the certificate, that contains ”, and
(b) for “a video recording containing the work” substitute “ such a video recording ”.
(3) In subsection (6)—
(a) for “containing” substitute “ , or no video recording described in the certificate, that contains ”, and
(b) for “a video recording containing that work” substitute “ such a video recording ”.
8 (1) Section 13 (supplying video recording not complying with requirements as to labels etc) is amended as follows.
(2) In subsection (1), after “unless” insert—
(a) the video work is an exempted work, or
(b)
.
(3) In subsection (2), before paragraph (a) insert—
(za) believed on reasonable grounds that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was an exempted work,
.
9 (1) Section 14 (supplying video recording containing false indication as to classification) is amended as follows.
(2) In subsection (1), after “unless” insert—
(a) the video work is an exempted work, or
(b)
.
(3) In subsection (2)(a), after sub-paragraph (i) (but before “or”) insert—
(ia) that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was an exempted work,
.
(4) In subsection (3)—
(a) after “unless” insert—
(a) the video work is an exempted work, or
(b)
.
(5) In subsection (4)(a), before sub-paragraph (i) insert—
(ai) that the video work concerned or, if the video recording contained more than one work to which the charge relates, each of those works was an exempted work,
.
10 (1) Section 22 (other interpretation) is amended as follows.
(2) In subsection (1), at the end insert—
“video games authority” and “video works authority” have the meaning given in section 4ZA.
(3) In subsection (2), after “Act” insert “ (and subject to regulations under subsection (2A)) ”.
(4) After subsection (2) insert—
(2A) The Secretary of State may by regulations make provision about the circumstances in which, for the purposes of this Act, a video recording does or does not contain a video work.
11 After section 22 insert—
Regulations
22A (1) Regulations under this Act are to be made by statutory instrument.
(2) Every power of the Secretary of State to make regulations under this Act includes—
(a) power to make different provision for different purposes, and
(b) power to make transitional or saving provision.
(3) A statutory instrument containing regulations under section 2, 2A or 3 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(4) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
12 Until such time as section 2A of the Video Recordings Act 1984 comes into force, section 22A(3) of that Act has effect as if the words “, 2A” were omitted.
Section 45
Short title and chapter | Extent of repeal
Public Lending Right Act 1979 (c. 10) | In section 5(2), the word “and” at the end of the definition of “the register”.
Video Recordings Act 1984 (c. 39) | Section 2(1)(c) (and the word “or” before it).
Section 4(6).
Section 8(2) and (3).
In section 22(1), the word “and” at the end of the definition of “business”.
Broadcasting Act 1990 (c. 42) | Section 14(7).
In section 106(1A), the word “or” at the end of paragraph (c).
Section 183A(7)(a) and (b).
Section 184.
Communications Act 2003 (c. 21) | In section 218(7), the words after paragraph (b).
Section 221.
Section 224(3).
In section 314(1)(a), the words from “but” to “that case”.
In Schedule 15, paragraph 63 and the preceding heading.