The Safety of Sports Grounds (Northern Ireland) Order 2006

Issue of certificatesN.I.

This section has no associated Explanatory Memorandum

15.—(1) For the purposes of this Part, the following persons qualify for the issue of a safety certificate for a regulated stand at a sports ground—

(a)the person who qualifies for the issue of a general safety certificate is the person who is responsible for the management of the ground; and

(b)the person who qualifies for the issue of a special safety certificate for viewing an activity from the stand on any occasion is the person who is responsible for organising that activity.

(2) The council for a district shall, in respect of any stand at a sports ground in its district which appears to it to be a regulated stand, make a preliminary determination whether or not that stand is a regulated stand.

(3) If the council determines under paragraph (2) that a stand is a regulated stand, the council shall serve a notice on the person who appears to it to qualify for the issue of a general safety certificate stating the council's determination and the effects of it.

(4) Subject to paragraphs (5)(a) and (6), a preliminary determination that a stand at a sports ground is a regulated stand shall become final at the end of the period of two months beginning with the date of the notice under paragraph (3).

(5) A council may revoke its determination that a stand at a sports ground is a regulated stand—

(a)at any time before it becomes final; or

(b)(whether or not it has become final) on considering an application for a general safety certificate for the stand.

(6) A council may, at any time before its determination that a stand at a sports ground is a regulated stand becomes final, withdraw the notice under paragraph (3) and serve a further notice under that paragraph on another person; and if it does so the period of two months at the end of which the determination becomes final shall be treated as beginning with the date of the further notice.

(7) If a council receives an application for a general safety certificate for a regulated stand at a sports ground in its district, it shall—

(a)if it has not already done so, determine whether the stand is a regulated stand and, if it determines that it is, determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it;

(b)if it has made a determination that the stand is a regulated stand and does not decide to revoke it, determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it.

(8) If the council, on an application under paragraph (7) in relation to a stand which it has determined or determines is a regulated stand, determines that the applicant is the person who qualifies for the issue of the general safety certificate it shall (if no such certificate is in operation) issue to him such a certificate.

(9) If a council receives an application for a special safety certificate for a regulated stand at a sports ground in its district as respects which stand a general safety certificate is in operation, it shall determine whether the applicant qualifies for the issue of a special safety certificate for it and, if it determines that he does, it may issue to him a special safety certificate.

(10) The council shall, if it determines that an applicant for a safety certificate does not qualify for the issue of the certificate, serve on him a notice stating its determination.

(11) The council shall—

(a)send a copy of an application for a safety certificate for a regulated stand to the Chief Constable and the [F1Fire and Rescue Service Board] , and

(b)consult each of them about the terms and conditions to be included in the certificate.

(12) The council may, by notice, require an applicant for a safety certificate to provide it within such reasonable time as it may specify in the notice with such information and such plans of the ground as it considers necessary for the purpose of discharging its functions in respect of the issue of safety certificates for the regulated stands at the ground.

(13) If an applicant for a safety certificate fails to comply with a requirement under paragraph (12) within the time specified by the council, or within such further time as it may allow, he shall be deemed to have withdrawn his application.