Football Spectators and Sports Grounds Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Football Spectators and Sports Grounds Bill

6
Football Spectators and Sports Grounds Bill
Schedule 1 — The Sports Grounds Safety Authority

Schedules
Schedule 1
Section 6

The Sports Grounds Safety Authority
Status and capacity
1     (1)
The Authority is a body corporate.
5
      (2)
The Authority is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, privilege or immunity of the Crown;

and the Authority’s property is not to be regarded as property of, or
property held on behalf of, the Crown.
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      (3)
The Authority may do anything which is calculated to facilitate the
discharge of its functions, or is incidental or conducive to their discharge.
Membership
2
The Authority is to consist of—
(a)
a person appointed by the Secretary of State to chair the Authority,
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and
(b)
at least 4 but not more than 8 other members appointed by the
Secretary of State.
Appointment and tenure of members
3     (1)
Before appointing a person to be a member of the Authority, the Secretary of
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State must be satisfied that the person will have no such financial or other
interest as is likely to affect prejudicially the performance of the person’s
functions as a member.
      (2)
From time to time the Secretary of State must check that each member has
no such interest.
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4
A person who is, or whom the Secretary of State proposes to appoint to be,
a member of the Authority must, whenever requested by the Secretary of
State to do so, supply the Secretary of State with such information as the
Secretary of State considers necessary for the performance of the duties
under paragraph 3.
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5
Subject to the following provisions of this Schedule, a person appointed
under paragraph 2 holds and vacates office in accordance with the terms of
the appointment.
6
A person is not to be appointed as a member of the Authority for more than
3 years at a time.
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Football Spectators and Sports Grounds Bill
Schedule 1 — The Sports Grounds Safety Authority
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7
A person may at any time resign office—
(a)
as chair of the Authority, or
(b)
as a member of the Authority,

by giving the Secretary of State signed notice in writing.
8
Where a member begins or ceases to hold office as chair of the Authority, the
5
Secretary of State may vary the terms of the person’s appointment as a
member of the Authority so as to alter the date on which the person is to
vacate office as a member.
9     (1)
The Secretary of State may declare a person’s office as a member of the
Authority vacant if satisfied that the person—
10
(a)
has been absent from meetings of the Authority for a period longer
than 3 consecutive months without the permission of the Authority,
(b)
has become bankrupt or made an arrangement with creditors, or
(c)
is unable or unfit to discharge the functions of a member;

and on making such a declaration the office becomes vacant.
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      (2)
A declaration under sub-paragraph (1) may be notified in such manner as
the Secretary of State thinks fit.
10
A person who ceases to be a member or to hold office as chair of the
Authority is eligible for re-appointment.
Remuneration and pensions of members
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11
The Authority may pay to each member such remuneration and allowances
as the Secretary of State may determine.
12
The Authority may pay, or make provision for paying, to or in respect of any
member such sums by way of pensions, allowances or gratuities as the
Secretary of State may determine.
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13    (1)
Sub-paragraph (2) applies if—
(a)
a person ceases to be a member otherwise than on the expiry of the
term of office, and
(b)
it appears to the Secretary of State that there are special
circumstances which make it right for the person to receive
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compensation.
      (2)
The Authority may make to the person a payment of such amount as the
Secretary of State may determine.
Proceedings
14
The quorum of the Authority and the arrangements relating to its meetings
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are to be such as the Authority may determine.
15    (1)
This paragraph applies if a member of the Authority is in any way directly
or indirectly interested in any matter which falls to be considered by the
Authority.
      (2)
The member—
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(a)
must disclose the nature of the interest at a meeting of the Authority,
and

Football Spectators and Sports Grounds Bill
Schedule 1 — The Sports Grounds Safety Authority
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(b)
must not take part after the disclosure in any deliberation or decision
with respect to the matter.
      (3)
The disclosure must be recorded in the minutes of the meeting.
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The validity of any proceedings of the Authority are not affected by—
(a)
a vacancy among the members,
5
(b)
a defect in the appointment of a member, or
(c)
a failure to comply with paragraph 15.
Inspectors, officers and other employees
17
The Authority may appoint inspectors to perform such functions as are
assigned to them by or under Part 1 of the 1989 Act or any other enactment.
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18
The Authority may appoint a secretary and such other officers, and take into
its employment such other persons, as it may determine.
19
The terms and conditions of appointments under paragraphs 17 and 18
require the approval of the Secretary of State.
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The Authority must, as regards such of its inspectors, officers and other
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employees as with the approval of the Secretary of State it may determine—
(a)
pay to or in respect of them such pensions, allowances or gratuities
(including pensions, allowances or gratuities by way of
compensation for loss of employment), or
(b)
provide and maintain for them such pension schemes (whether
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contributory or not), as may be so determined.
21    (1)
Sub-paragraph (2) applies if an inspector, officer or other employee of the
Authority—
(a)
is a participant in any pension scheme applicable to that
employment, and
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(b)
becomes a member of the Authority.
      (2)
If the Secretary of State so determines, the member may be treated for the
purposes of the pension scheme as if service as a member of the Authority
were service as an employee of the Authority.
      (3)
For the purposes of sub-paragraph (2), it does not matter whether any
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payments are to be made to or in respect of the member by virtue of
paragraph 11 or 12.
Accounts and audit
22
The Authority—
(a)
must keep proper accounts and proper records in relation to the
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accounts, and
(b)
must prepare for each accounting year a statement of accounts in
such form as the Secretary of State, with the approval of the
Treasury, may direct.
23
The Authority must send a copy of the statement of accounts to the
40
Comptroller and Auditor General as soon as reasonably practicable after the
end of the accounting year to which the statement relates.
24
The Comptroller and Auditor General must—

Football Spectators and Sports Grounds Bill
Schedule 2 — Consequential amendments
Part 2 — Sports Grounds Safety Authority
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(a)
examine, certify and report on each statement of accounts sent under
paragraph 23, and
(b)
lay before Parliament a copy of the statement and the Comptroller
and Auditor General’s report on it.
25
The Comptroller and Auditor General may inspect any records relating to
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the accounts.
26
In paragraphs 22 and 23, “accounting year” means any period of 12 months
ending with 31 March.
Authentication of Authority’s seal
27
The application of the seal of the Authority is authenticated by the
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signatures of—
(a)
the person chairing the Authority or some other person authorised
by the Authority to act for that purpose, and
(b)
one other member.
Presumption of authenticity of documents issued by Authority
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28
Any document purporting to be an instrument issued by the Authority and
to be sealed in accordance with paragraph 27, or to be signed on behalf of the
Authority, is to be received in evidence and treated as such an instrument
without further proof unless the contrary is shown.
Schedule 2
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Section 11

Consequential amendments
Part 1
Football spectators
Serious Organised Crime and Police Act 2005 (c. 15)
1
In section 33 (disclosure of information by SOCA), at the end of subsection
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(2)(e) insert “or Part 1 of the Football Spectators and Sports Grounds Act
2008”.
Part 2
Sports Grounds Safety Authority
Parliamentary Commissioner Act 1967 (c. 13)
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2
In Schedule 2 (departments etc. subject to investigation), omit the entry
relating to the Football Licensing Authority and insert at the appropriate
place—
“Sports Grounds Safety Authority.”

Football Spectators and Sports Grounds Bill
Schedule 2 — Consequential amendments
Part 2 — Sports Grounds Safety Authority
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Superannuation Act 1972 (c. 11)
3
In Schedule 1 (kinds of employments etc. referred to in section 1), for
“Football Licensing Authority” (in both places) substitute “Sports Grounds
Safety Authority”.
House of Commons Disqualification Act 1975 (c. 24)
5
4
In Part 2 of Schedule 1 (bodies of which all members are disqualified), omit
the entry relating to the Football Licensing Authority and insert at the
appropriate place—
“The Sports Grounds Safety Authority.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
10
5
In Part 2 of Schedule 1 (bodies of which all members are disqualified), omit
the entry relating to the Football Licensing Authority and insert at the
appropriate place—
“The Sports Grounds Safety Authority.”
Safety of Sports Grounds Act 1975 (c. 52)
15
6
In section 5(3) (appeals against terms and conditions of safety certificates),
for “Football Licensing Authority” substitute “Sports Grounds Safety
Authority”.
Race Relations Act 1976 (c. 74)
7
In Part 5 of Schedule 1A (bodies and other persons added on 3 October 2006),
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for the entry relating to the Football Licensing Authority substitute—
“The Sports Grounds Safety Authority.”
Football Spectators Act 1989
8     (1)
In section 1 (interpretation etc.), after subsection (6) insert—
“(6A)
In this Part “the licensing authority” means the Sports Grounds
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Safety Authority (see Part 2 of the Football Spectators and Sports
Grounds Act 2008).”
      (2)
Omit—
(a)
section 8,
(b)
in section 27(6), “, except paragraph 14 of Schedule 2,” and
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(c)
Schedule 2.
Freedom of Information Act 2000 (c. 36)
9
In Schedule 1 (bodies etc. which are “public authorities” for the purposes of
the Act), in Part 6, omit the entry relating to the Football Licensing Authority
and insert at the appropriate place—
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“The Sports Grounds Safety Authority.”

Football Spectators and Sports Grounds Bill
Schedule 3 — Repeals and revocations
11

General
10
Any reference in any other enactment or in any instrument or document to
the Football Licensing Authority is to be read, in relation to any time after
the commencement of section 6, as a reference to the Sports Grounds Safety
Authority.
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Schedule 3
Section 11

Repeals and revocations

Short title and chapter
Extent of repeal or revocation

Parliamentary Commissioner
In Schedule 2, the entry relating to the Football

Act 1967 (c. 13)
Licensing Authority.

10

House of Commons
In Schedule 1, in Part 2, the entry relating to the

Disqualification Act 1975
Football Licensing Authority.

(c. 24)

Northern Ireland Assembly
In Schedule 1, in Part 2, the entry relating to the

Disqualification Act 1975
Football Licensing Authority.

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(c. 25)

Football Spectators Act 1989
Section 8.

(c. 37)
In section 14E(2), “in England and Wales”.

In section 19(2B)(b), “if the match is outside the

United Kingdom”.

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In section 27(6), “, except paragraph 14 of

Schedule 2,”.

Schedule 2.

Freedom of Information Act
In Schedule 1, in Part 6, the entry relating to the

2000 (c. 36)
Football Licensing Authority.

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Government Resources and
Article 17.

Accounts Act 2000 (Audit of

Public Bodies) Order 2003

(S.I. 2003/1326)

Police, Public Order and
In section 53(2)(a), “in Scotland”.

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Criminal Justice (Scotland)

Act 2006 (asp 10)

Police, Public Order and
Articles 1(5) and 5.

Criminal Justice (Scotland)

Act 2006 (Consequential

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Provisions and

Modifications) Order 2007

(S.I. 2007/1098)