S.I. No. 113/2004 - Video Recordings Act 1989 (Fees) Regulations 2004

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 3 , 10 and 18 of the Video Recordings Act 1989 (No. 22 of 1989), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 ), and with the consent of the Minister for Finance, make the following Regulations:

1.  (1)  These Regulations may be cited as the Video Recordings Act 1989 (Fees) Regulations 2004.

(2)  These Regulations come into operation on 1st June, 2004.

2.  References in these Regulations to a section are references to a section of the Video Recordings Act 1989 .

3.  The following fees are prescribed for the purposes of section 3(4):

(1) Subject to paragraphs (2) to (4) of this Regulation, where a video recording containing the video work in respect of which the application for a supply certificate is being made is to be released for letting on hire or for sale to the ultimate consumer—

(a)  €10 per minute for the first hour of the video work concerned,

(b)  €8 per minute for the second hour, and

(c)  €6 per minute thereafter;

(2) where the video work is a preview of a larger video work, €50;

(3) where the video work is an advertisement, €50;

(4) where the video work is a video game which is not exempted work, €2,500.

4. A fee of €20 is prescribed for the purposes of section 10(3)(b).

5. (1) A fee of €1,000 is prescribed for the purposes of an appeal to the Appeal Board under section 10(6).

(2) In accordance with section 10(6), a fee so charged shall be refunded to the appellant concerned if the Appeal Board revokes a prohibition order or directs that the video work concerned be given a higher classification.

(3) The reference in the preceding paragraph to section 10(6) is to that provision as inserted by section 4 of the Censorship of Films (Amendment) Act 1992 (No. 29 of 1992).

6. A fee of €7,000 is hereby prescribed for the purposes of section 18(1).

7. A fee of €200 is hereby prescribed for the purposes of section 18(2).

8. The Video Recordings Act, 1989 (Fees) Regulations, 1994 ( S.I. No. 137 of 1994 ) are revoked.

The Minister for Finance consents to the making of the foregoing Regulations.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the fees to be charged in relation to applications for supply certificates under Section 3, appeals under Section 10 and for licences issued under Section 18 of the Video Recordings Act, 1989 .