Moved by
Baroness Butler-Sloss
25YD: After Clause 22, insert the following new Clause—
“Extreme pornographic material: review and repeal
(1) Subject to subsections (2) to (6) at the end of the period of three years beginning with the day on which this Act is passed—
(a) section 16(1)(g) to (i) ceases to have effect;
(b) section (meaning of extreme pornographic material) (1) and (2) ceases to have effect, and is substituted with the following, which comes into force on that day—
“(1) In this section “extreme pornographic material” means either of the following—
(a) the whole or part of a video work—
(i) if it is reasonable to assume from its nature that the video work was produced solely or principally for the purposes of sexual arousal, and
(ii) if the video works authority has determined the video work not to be suitable for a classification certificate to be issued in respect of it;
(b) material whose nature is such that it is reasonable to assume—
(i) that it was produced solely or principally for the purposes of sexual arousal, and
(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it.”
(2) Following the publication of a report under subsection (3) the Secretary of State may by regulations made by statutory instrument provide that the provisions of this Act do not cease to have effect in accordance with this section but are to continue in force indefinitely or for a specified period of time.
(3) The Secretary of State must, within a period of two years beginning with the day on which this Act is passed, review and prepare a report on the operation of the provisions mentioned in subsection (6).
(4) The review and report must consider the effect of the introduction of the definition of “extreme pornographic material” on the regulation of pornographic material under this Act and other enactments.
(5) The Secretary of State must lay a copy of the report before each House of Parliament.
(6) The sections are—
(a) section 16,
(b) section 22,
(c) section (meaning of extreme pornographic material),
(d) section 23,
(e) section 25,
(f) section 27.”
(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of each House of Parliament.”