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Football Spectators and Sports Grounds Bill


Football Spectators and Sports Grounds Bill
Part 1 — Football Spectators

1

 

A

Bill

To

Amend the law relating to football banning orders and their enforcement; to

confer further powers on the Football Licensing Authority and to amend its

name; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Football Spectators

1       

Prohibiting attendance at matches in Scotland and Northern Ireland etc.

(1)   

In the provisions of the 1989 Act listed in subsection (2), for “England and

Wales” (in each place) substitute “the United Kingdom”.

5

(2)   

The provisions are—

(a)   

in section 14 (definition of banning order and other terms), subsections

(2), (3), (4), (5) and (6),

(b)   

in section 19 (functions of enforcing authority and local police),

subsections (2), (2A) and (2E)(a), and

10

(c)   

in section 21A (summary measures: detention), subsection (1).

(3)   

In section 19(2B)(b) of the 1989 Act, omit “if the match is outside the United

Kingdom”.

(4)   

In this Act “the 1989 Act” means the Football Spectators Act 1989 (c. 37).

2       

Requirements to report at police stations

15

(1)   

The police station specified under any of the provisions listed in subsection (2)

may be in England, Wales, Scotland or Northern Ireland.

(2)   

The provisions are—

 

Bill 59                                                                                                 

54/3

 
 

Football Spectators and Sports Grounds Bill
Part 1 — Football Spectators

2

 

(a)   

section 14E(2) of the 1989 Act (banning order to include requirement to

report initially at specified police station);

(b)   

section 19(2B) of the 1989 Act (notice, in connection with regulated

football match outside United Kingdom, requiring person to report at

specified police station);

5

(c)   

section 53(2) of the 2006 Act (football banning order to include

requirement to report initially at specified police station);

(d)   

section 61(4) of the 2006 Act (notice, in connection with regulated

football match outside United Kingdom, requiring person to report at

specified police station).

10

(3)   

In section 14E(2) of the 1989 Act, omit “in England and Wales”.

(4)   

In section 53(2)(a) of the 2006 Act, omit “in Scotland”.

(5)   

In section 66(1) of the 2006 Act, for “Scotland” substitute “the United

Kingdom”.

(6)   

In this Act “the 2006 Act” means the Police, Public Order and Criminal Justice

15

(Scotland) Act 2006 (asp 10).

3       

Enforcement of 1989 Act in Scotland and Northern Ireland

(1)   

The following provisions of the 1989 Act extend to Scotland and Northern

Ireland—

(a)   

section 14J(1) (offence of failing to comply with a requirement imposed

20

by a banning order or a requirement imposed under section 19(2B) or

(2C));

(b)   

section 19(6) (offence of failing, without reasonable excuse, to comply

with a requirement imposed under section 19(2));

(c)   

section 20(10) (offence of making a false statement, etc. in connection

25

with an application for exemption from requirements imposed by or

under Part 2).

(2)   

But in Scotland it is a defence where a person is charged with an offence by

virtue of subsection (1)(a) to prove that the person had a reasonable excuse for

failing to comply with the requirement in question.

30

(3)   

A person guilty of an offence by virtue of subsection (1)(a) is liable on summary

conviction to imprisonment for a term not exceeding 6 months or a fine not

exceeding level 5 on the standard scale (or both).

(4)   

A person guilty of an offence by virtue of subsection (1)(b) is liable on summary

conviction to a fine not exceeding level 2 on the standard scale.

35

(5)   

A person guilty of an offence by virtue of subsection (1)(c) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

4       

Enforcement of 2006 Act in England and Wales and Northern Ireland

(1)   

The following provisions of the 2006 Act extend to England and Wales and

Northern Ireland—

40

(a)   

section 68(1) and (2) (offences of failing to comply with a requirement

imposed by a football banning order, under section 61(1) or by a notice

under section 61(4), and defence of reasonable excuse);

 
 

Football Spectators and Sports Grounds Bill
Part 2 — Sports Grounds Safety Authority

3

 

(b)   

section 68(5) (offence of making a false statement, etc. in connection

with an application for exemption from a notice under section 61(4) of

the 2006 Act).

(2)   

A person guilty of an offence under section 68(1)(a) or (c) of the 2006 Act by

virtue of subsection (1)(a) is liable on summary conviction—

5

(a)   

in England and Wales, to imprisonment for a term not exceeding 51

weeks or a fine not exceeding level 5 on the standard scale (or both);

(b)   

in Northern Ireland, to imprisonment for a term not exceeding 6

months or a fine not exceeding level 5 on the standard scale (or both).

   

But in relation to an offence committed before the commencement of section

10

281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to

51 weeks is to be read as a reference to 6 months.

(3)   

A person guilty of an offence under section 68(1)(b) of the 2006 Act by virtue of

subsection (1)(a) is liable on summary conviction to a fine not exceeding level

2 on the standard scale.

15

(4)   

A person guilty of an offence by virtue of subsection (1)(b) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(5)   

Articles 1(5) and 5 of the Police, Public Order and Criminal Justice (Scotland)

Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I.  2007/

1098) cease to have effect.

20

5       

Relevant offences for purposes of Part 2 of 1989 Act

In Schedule 1 to the 1989 Act (offences), in paragraph 1(a)—

(a)   

after “14J(1)” insert “, 19(6), 20(10)”, and

(b)   

after “of this Act” insert “or section 4 of the Football Spectators and

Sports Grounds Act 2008”.

25

Part 2

Sports Grounds Safety Authority

6       

Football Licensing Authority to become Sports Grounds Safety Authority

(1)   

The body established by section 8 of, and Schedule 2 to, the 1989 Act—

(a)   

is to continue in being, but

30

(b)   

instead of being called the Football Licensing Authority is to be called

the Sports Grounds Safety Authority.

(2)   

Schedule 1 contains further provisions relating to the Authority.

(3)   

The expenses of the Authority are to be paid by the Secretary of State.

7       

Advice to Ministers of the Crown

35

(1)   

The Authority may, and if requested to do so by a Minister of the Crown must,

provide advice to that Minister—

(a)   

in relation to safety at sports grounds generally, or

(b)   

with respect to the exercise of any of the functions of that Minister

under the enactments specified in subsection (2).

40

 
 

Football Spectators and Sports Grounds Bill
Part 2 — Sports Grounds Safety Authority

4

 

(2)   

The enactments are—

(a)   

the Safety of Sports Grounds Act 1975 (c. 52),

(b)   

Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27)

(safety of stands at sports grounds), and

(c)   

the 1989 Act.

5

8       

Advice to bodies  or persons in England and Wales

(1)   

The Authority may provide advice relating to safety at sports grounds in

England or Wales to—

(a)   

local authorities, or

(b)   

subject to subsection (2), other bodies or persons.

10

(2)   

The Authority may not under subsection (1) provide advice to—

(a)   

a Minister of the Crown, or

(b)   

a body or person specified in section 9(1)(a), (b) or (c).

9       

Advice to bodies or persons outside England and Wales

(1)   

The Authority may, if the conditions in subsection (2) are met, provide advice

15

relating to the safety of sports grounds to—

(a)   

the government of a territory outside the United Kingdom,

(b)   

an international organisation, or

(c)   

a body or person not falling within paragraph (a) or (b) whose

functions, activities or responsibilities relate in whole or in part to the

20

safety of sports grounds outside England and Wales.

(2)   

The conditions are that—

(a)   

the provision of the advice is at the request of the body or person

concerned, and

(b)   

the Secretary of State consents to the provision of the advice.

25

10      

Supplementary

(1)   

The Authority may, with the consent of the Secretary of State, charge a fee for

the provision of advice under—

(a)   

section 9 (bodies or persons outside England and Wales), or

(b)   

if the advice is provided at the request of the recipient, section 8 (bodies

30

or persons in England and Wales).

(2)   

A fee charged under subsection (1) must not exceed the cost of providing the

advice.

(3)   

Fees received by the Authority by virtue of subsection (1) are to be treated for

the purposes of section 6(3) as reducing the expenses of the Authority.

35

(4)   

A consent under section 9(2)(b) or subsection (1) may be given—

(a)   

generally,

(b)   

in relation to any particular advice, or

(c)   

in relation to advice of a particular description.

(5)   

In this Part—

40

 
 

Football Spectators and Sports Grounds Bill
Part 3 — Supplementary

5

 

(a)   

“local authority” and “sports ground” have the same meaning as in the

Safety of Sports Grounds Act 1975 (c. 52) (see section 17(1) of that Act),

and

(b)   

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26).

5

Part 3

Supplementary

11      

Consequential amendments etc.

(1)   

Schedule 2 contains consequential amendments.

(2)   

Schedule 3 contains repeals and revocations.

10

12      

Extent

(1)   

In Part 1 (football spectators)—

(a)   

sections 1, 2 (so far as relating to the 1989 Act), 4 and 5 extend to

England and Wales,

(b)   

sections 2 (so far as relating to the 2006 Act) and 3 extend to Scotland,

15

and

(c)   

sections 3(1) and (3) to (5) and 4 extend to Northern Ireland.

(2)   

Part 2 and Schedule 1 (Sports Grounds Safety Authority) extend to England

and Wales only.

(3)   

An amendment or repeal of a provision by Schedule 2 (consequential

20

amendments) or 3 (repeals and revocations) has the same extent as that

provision.

13      

Commencement

(1)   

Parts 1 and 2 and the Schedules come into force on such day as the Secretary of

State may by order made by statutory instrument appoint.

25

(2)   

Before making such an order relating to section 2 or 3, the Secretary of State

must obtain the consent of the Scottish Ministers.

(3)   

Such an order may—

(a)   

appoint different days for different purposes;

(b)   

include transitional or saving provisions.

30

(4)   

This Part comes into force on the day on which this Act is passed.

14      

Short title

This Act may be cited as the Football Spectators and Sports Grounds Act 2008.

 
 

 
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