S.I. No. 134/1994 - Video Recordings Act, 1989 (Supply Certificate and Labelling) Regulations, 1994.

S.I. No. 134 of 1994.

VIDEO RECORDINGS ACT, 1989 (SUPPLY CERTIFICATE AND LABELLING) REGULATIONS, 1994.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Justice, in exercise of the powers conferred on me by sections 12 and 31 of the Video Recordings Act, 1989 (No. 22 of 1989), hereby make the following Regulations:

1. These Regulations may be cited as the Video Recordings Act, 1989 (Supply Certificate and Labelling) Regulations, 1994.

2. (1) In these Regulations—

"the Act" means the Video Recordings Act, 1989 (No. 22 of 1989);

"a retail licence holder" means the holder of a current valid retail licence granted under section 18 (2) of the Act;

"spine" means in relation to the case or other thing in which a video recording is kept, the next largest face, or one of them, after the first largest pair of faces;

"a transit case" means the case or other thing which is used by a retail licence holder solely for the purpose of supplying a video recording on hire to a member of the public;

"a wholesale licence holder" means the holder of a current valid wholesale licence granted under section 18 (1) of the Act.

(2) In these Regulations—

"the appropriate classification symbol" means—

( a ) in relation to a supply certificate which includes a statement indicating that the video work in respect of which it was granted is, in accordance with section 4 (1) (a) of the Act, fit for viewing by persons generally, the capital letter "G", not less than 5 millimetres in height, in 100 per cent. process blue and set on a white background in a 50 per cent. process blue eight-sided figure which contains the words "Film Censor's Office" and "Oifig Scrúdóir na Scannán";

( b ) in relation to a supply certificate which includes a statement indicating that the video work in respect of which it was granted is, in accordance with section 4 (1) (b) of the Act, fit for viewing by persons generally but, in the case of a child under the age of 12 years, only in the company of a responsible adult, the number "12" in 100 per cent. process blue over the capital letters "RA" in 100 per cent. process blue, the combined height of which is not less than 5 millimetres, and set on a white background in a 50 per cent. process blue eight-sided figure which contains the words "Film Censor's Office" and "Oifig Scrúdóir na Scannán";

( c ) in relation to a supply certificate which includes a statement indicating that the video work in respect of which it was granted is, in accordance with section 4 (1) (c) of the Act, fit for viewing by persons aged 15 years or more, the number "15", not less than 5 millimetres in height, in white and set on a 100 per cent. process blue background in a 50 per cent. process blue eight-sided figure which contains the words "Film Censor's Office" and "Oifig Scrúdóir na Scannán";

( d ) in relation to a supply certificate which includes a statement indicating that the video work in respect of which it was granted is, in accordance with section 4 (1) (d) of the Act, fit for viewing by persons aged 18 years or more, the number "18", not less than 5 millimetres in height, in white and set on a 100 per cent. process blue background in a 50 per cent. process blue eight-sided figure which contains the words "Film Censor's Office" and "Oifig Scrúdóir na Scannán";

(3) For the purposes of these Regulations—

( a ) where a video recording contains more than one video work and all or some of those works are works in respect of which the supply certificates granted indicate classifications which are the same, those video works shall be taken to be one video work comprising any one of them, and

( b ) where a video recording contains more than one video work in respect of which the supply certificates granted indicate classifications which are not the same, the video recording shall be taken to contain only the lowest classified video work of those works.

(4) A reference in these Regulations to the cover of any case or other thing in which a video recording is kept and to a spine of such a case or other thing is a reference to the outer cover (other than any transparent cover) of such a case or other thing and outer cover (other than any transparent cover) of the spine, respectively.

3. (1) The following categories are hereby prescribed as the categories of persons who may apply to the Official Censor for the grant of a supply certificate in respect of a video work:

( a ) the owner of the copyright in the video work,

( b ) agents or licensees of the owner of the copyright in the video work,

( c ) importers of the video work entitled to sell or let it on hire,

( d ) such other persons, as the Minister considers appropriate, who require a supply certificate for the purpose of supply of video recordings.

(2) The Official Censor shall keep and make available to persons on request the forms of application for the grant of a supply certificate.

4. (1) Where, under section 12 (1) (a) of the Act, a label is required to be affixed to the spool or other thing on which a video recording containing a video work is kept, that label shall be in whichever one of the forms specified in Part 1 of the Schedule to these Regulations contains the appropriate classification symbol or in a form to the like effect and shall contain the appropriate code allocated by the Official Censor.

(2) The said label shall be affixed to the face of the spool or other thing on which a video recording containing a video work is kept, being that face on which is indicated the title of the said video work.

5. Where, under section 12 (1) (b) of the Act, an indication of the contents of the label is required to be borne on the case or other thing in which a video recording containing a video work is kept, that indication shall, except in the case of a transit case, be—

( a ) a copy of the label affixed to the spool pursuant to section 12 (1) (a) of the Act, and

( b ) a copy of the classification symbol contained in the said label affixed to the said spool,

and the said copy of the label shall be borne on the back cover of the said case or other thing and the copy of the said classification symbol shall be borne on the spine and on the front cover of the said case or other thing.

6. (1) Subject to paragraph (2) of this Regulation, where, under section 12 (1) (b) of the Act, an indication of the contents of the label is required to be borne on the case or other thing in which a video recording containing a video work is kept, that indication shall, in the case of a transit case, be in whichever one of the forms specified in Part II of the Schedule to these Regulations contains the appropriate classification symbol or in a form to the like effect and shall be borne on the front of the said case or other thing.

(2) Paragraph (1) of this Regulation does not apply where the label affixed to the spool or other thing on which the video recording containing a video work is kept is clearly visible through one of the larger faces of the case or other thing in which the said video recording is kept.

7. Where, in accordance with section 12 of the Act, a label is required to be affixed to the spool or other thing on which a video recording containing a video work is kept or an indication of the contents of the label is required to be borne on the case or other thing in which a video recording containing a video work is kept, they—

( a ) shall be affixed or borne, as the case may be, either by means of an adhesive label or by printing as part of other printed material on the said spool or other thing or the said case or other thing, and

( b ) shall be clearly visible, legible and indelible and no part of them shall be hidden or obscured by any other printed, written or pictorial matter or by any other matter.

8. (1) The following categories are hereby prescribed as the categories of persons who may obtain labels referred to in these Regulations (other than Regulation 6 of these Regulations) from the Official Censor in respect of video works contained in video recordings held by them:

( a ) wholesale licence holders,

( b ) holders of supply certificates,

( c ) any other persons who may require labels for the purpose of supply of video recordings.

SCHEDULE.

PART I

SCHEDULE

PART II

GIVEN under my Official Seal, this 12th day of May, 1994.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations make provision pursuant to sections 12 and 31 of the Video Recordings Act, 1989 in relation to applications for supply certificates, labels and the labelling of video recordings.