Football (Offences and Disorder) Bill
Memorandum by the Home Office
This memorandum is provided by the Home Office and
draws attention to the provisions in the Football (Offences and
Disorder ) Bill which affect delegated powers in existing legislation.
Clause 5: Offences outside England and Wales
Clause 5 of the Bill amends section 22 of the Football
Spectators Act 1989 (c. 37). That section enables restriction
orders (renamed "international football banning orders"
by clause 1 of the Bill) to be made in relation to residents of
England and Wales who commit offences in other countries which
correspond to those in Schedule 1 to that Act.
Section 22 (1) of the 1989 Act provides that Her
Majesty may by Order in Council specify offences under the law
of any country which correspond to those in Schedule 1.
Clause 5(2) of the Bill adds a new subsection (1A)
to section 22 to the effect that offences specified in an Order
in Council may be regarded as corresponding to an offence in Schedule
1 notwithstanding that any period specified in the Order is longer
than any corresponding period specified in the Schedule.
Section 1(8) and 1(8A) (inserted by clause 2(3) of
the Bill) of the Football Spectators Act 1989 specify a period
in which certain offences must be committed in order to be regarded
as relevant offences for the making of an international football
banning order. The purpose of the amendment to section 22 of the
1989 Act in clause 5(2) is to enable this period to be lengthened
in relation to designated football matches played outside England
and Wales. The amendment recognizes the fact that where matches
are played abroad, offences of violence or disorder relevant to
that match may be committed over a longer timescale than in relation
to a domestic match.
Clause 5(5) of the Bill substitutes new subsections
(9) to (11) in section 22 of the 1989 Act.
Clause 5(5) simplifies the process under which details
of convictions for corresponding football-related offences committed
outside England and Wales are provided. The Order in Council in
relation to each country will be able to specify the documentary
form in which the details required by the court are to be provided.
Section 22(12) of the 1989 Act provides that Orders
under that section are to be subject to negative resolution procedure.
The Bill does not alter that requirement.
16 June 1999