152Decisions under Indecent Publications Act 1963

1. This section applies to every decision made under the Indecent Publications Act 1963 by the Tribunal or the High Court upon any book or sound recording and that, immediately before the commencement of this section, is (subject to sections 18(2) and 20 of that Act) conclusive evidence in any proceedings (other than proceedings under section 19 of that Act) of the classification or character of that book or sound recording.

2. Subject to this section and to section 155, every decision to which this section applies shall be deemed for the purposes of sections 41 and 42 to be a decision made under section 23 by the Classification Office on the date of the making of that decision under the Indecent Publications Act 1963, and for those purposes the book or sound recording to which the decision relates shall be deemed to have the classification that corresponds as near as may be to the classification or character assigned to it by that decision under that Act.

3. For the purposes of section 39, where notice of a decision to which this section applies has been published in the Gazette, that decision shall be deemed to have been entered in, and to form part of, the register.

4. For the purposes of the application of sections 41 and 42 to any decision to which this section applies, sections 41(2), 42(1), and 42(2) shall be read as if, for the words entered in the register as they appear in each of those provisions, there were substituted in each case the word made.

5. Subject to section 155, where, in respect of a decision to which this section applies (being a decision of the Tribunal), the period of 28 days referred to in section 19(1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not, at the date of the commencement of this section, expired, and no such appeal has been lodged before that date,—

6. there shall be no right of appeal under that Act against that decision; but
7. any party to those proceedings may, within 30 working days after that date, apply under section 47 to have the book or sound recording to which the decision relates reviewed by the Board, and the provisions of this Act shall apply accordingly with all necessary modifications.

8. Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (5), nothing in subsection (2) shall be construed so as to entitle any person to make an application under section 47 in relation to the book or sound recording to which the decision relates.