§ 82 After Clause 82, insert the following new clause:
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Video recordings: criteria for suitability to which special regard is to be had.
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(".—(1) After section 4 of the Video Recordings Act 1984 there shall be inserted the following section—
§ "Criteria for suitability to which special regard to be had.
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4A.—(1) The designated authority shall, in making any determination as to the suitability of a video work, have special regard (among the other relevant factors) to any harm that may be caused to potential viewers or, through their behaviour, to society by the manner in which the work deals with—
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(2) For the purposes of this section—
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potential viewer" means any person (including a child or young person) who is likely to view the video work in question if a classification certificate or a classification certificate of a particular description were issued;
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suitability" means suitability for the issue of a classification certificate or suitability for the issue of a certificate of a particular description;
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violent behaviour" includes any act inflicting or likely to result in the infliction of injury; and any behaviour or activity referred to in subsection (1) (a) to (e) above shall be taken to include behaviour or activity likely to stimulate or encourage it.".
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(2) In section 7(2) of the Video Recordings Act 1984 (contents of classification certificates), in paragraph (a), after the words "viewing by children", there shall be inserted the words "or young children".")
§ The Commons agreed to this amendment with the following amendment:
§ 82BAfter Clause 82, line 28, at end insert;
§ 'Review of determinations as to suitability.
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4B.—(1) The Secretary of State may by order make provision enabling the designated authority to review any determination made by them, before the coming into force of section 4A of this Act, as to the suitability of a video work.
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(2) The order may in particular provide—
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(3) In subsection (2) above "specified" means specified by an order made under this section.
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(4) The Secretary of State shall not make any order under this section unless he is satisfied that adequate arrangements will be made for an appeal against determinations made by the designated authority on a review.
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(5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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(6) In this section "suitability" has the same meaning as in section 4A of this Act.'..
§ Baroness BlatchMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 82B to Lords Amendment No. 82.
§ Moved, That the House do agree with the Commons in their Amendment No. 82B to Lords Amendment No. 82.—(Baroness Blatch.)
§ On Question, Motion agreed to.