Football Spectators Act 1989

1989 CHAPTER 37

An Act to control the admission of spectators at designated football matches in England and Wales by means of a national membership scheme and licences to admit spectators; to provide for the safety of spectators at such matches by means of such licences and the conferment of functions on the licensing authority in relation to safety certificates for grounds at which such matches are played; and to provide for the making by courts and the enforcement of orders imposing restrictions on persons convicted of certain offences for the purpose of preventing violence or disorder at or in connection with designated football matches played outside England and Wales.

[16th November 1989]

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 I U.K. Football Matches in England and Wales

Preliminary E+W

1 Scope and interpretation of this Part. E+W

(1) This Part of this Act applies in relation to association football matches played in England and Wales which are designated football matches and the following provisions have effect for its interpretation.

(2) “Designated football match” means any such match of a description for the time being designated for the purposes of this Part by order made by the Secretary of State or a particular such match so designated.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An order under subsection (2) above—

(a) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order; and

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (6) A person is not to be regarded as a “spectator” in relation to a designated football match if the principal purpose of his being on the premises is to provide services in connection with the match, or to report on it.]

(7) A “licence to admit spectators” is a licence granted in respect of any premises by the licensing authority under this Part of this Act authorising the admission to the premises of spectators for the purpose of watching any designated football match played at those premises.

(8) Each of the following periods is “relevant to” a designated football match, that is to say—

(a) the period beginning—

(i) two hours before the start of the match, or

(ii) two hours before the time at which it is advertised to start, or

(iii) with the time at which spectators are first admitted to the premises,

whichever is the earliest, and ending one hour after the end of the match;

(b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning two hours before and ending one hour after that time.

F5 (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) A person is a “responsible person” in relation to any designated football match at any premises if he is a person concerned in the management of the premises or in the organisation of the match.

(10) The power to make an order under subsection (2) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) The imposition under this Part of this Act of restrictions on the persons who may attend as spectators at any designated football match does not affect any other right of any person to exclude persons from admission to the premises at which the match is played.

Textual Amendments

F1 S. 1(3) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F2 S. 1(4)(b) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F3 S. 1(5) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F4 S. 1(6) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 10; S.I. 2007/858, art. 2(k)

F5 S. 1(8A) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

National Membership Scheme E+W

Prospective

F6 2 Offences relating to unauthorised attendance at designated football matches. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

Prospective

F6 3 The Football Membership Authority. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

Prospective

F6 4 National membership scheme: making, approval, modification etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

Prospective

F6 5 National membership scheme: contents and penalties. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

Prospective

F6 6 Phased application of scheme. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

F6 7 Disqualification for membership of scheme. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

Licences to admit spectators U.K.

8 The Football Licensing Authority. U.K.

(1) There shall be a body called the Football Licensing Authority (in this Part of this Act referred to as “the licensing authority”) which shall perform the functions assigned to it by this Part of this Act.

(2) The licensing authority shall consist of a chairman and not less than 4 nor more than 8 other members.

(3) The chairman and other members of the licensing authority shall be appointed by the Secretary of State.

(4) Schedule 2 to this Act shall have effect with respect to the licensing authority.

(5) The expenses of the licensing authority shall be paid by the Secretary of State.

9 Offence of admitting spectators to unlicensed premises. E+W

(1) Subject to subsection (2) below, if persons are admitted as spectators to, or permitted to remain as spectators on, any premises during a period relevant to a designated football match without a licence to admit spectators being in force, any responsible person commits an offence.

(2) Where a person is charged with an offence under this section it shall be a defence to prove either that the spectators were admitted in an emergency or—

(a) that the spectators were admitted without his consent; and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

Commencement Information

I1 S. 9 wholly in force at 1.8.1993 see s. 27(2)(3) and S.I. 1993/1690, art. 2.

10 Licences to admit spectators: general. E+W

(1) The licensing authority may, on an application duly made by a responsible person, grant a licence to admit spectators to any premises for the purpose of watching any designated football match played at those premises.

(2) An application for a licence in respect of any premises shall be made in such manner, in such form and accompanied by such fee as may be determined by the Secretary of State.

(3) The licensing authority shall not refuse to grant a licence without—

(a) notifying the applicant in writing of the proposed refusal and of the grounds for it;

(b) giving him an opportunity to make representations about them within the period of twenty-eight days beginning with the service of the notice; and

(c) taking any representations so made into account in making its decision.

(4) A licence to admit spectators to any premises may authorise the admission of spectators to watch all designated football matches or specified descriptions of designated football matches or a particular such match.

(5) A licence to admit spectators shall be in writing and shall be granted on such terms and conditions as the licensing authority considers appropriate and, if the Secretary of State gives to the licensing authority a direction under section 11 below, the conditions may include conditions imposing requirements as respects the seating of spectators.

(6) A licence to admit spectators may also include conditions requiring specified descriptions of spectators to be refused admittance to the premises to watch designated football matches or specified descriptions of designated football matches or a particular such match.

(7) Where a designation order includes the provision authorised by section 1(4)(b) above as respects the admission of spectators to any ground as authorised spectators, the licensing authority may, by notice in writing to the licence holder, direct that, for the purposes of any match or description of match specified in the direction, the licence shall be treated as including such specified terms and conditions as respects the admission of spectators as authorised spectators as the licensing authority considers appropriate; and the licence shall have effect, for that purpose, subject to those terms and conditions.

(8) It shall be a condition of every licence that any authorised person shall be entitled, on production, if so required, of his authority—

(a) to enter at any reasonable time any premises on which a designated football match is being or is to be played;

(b) to make such inspection of the premises and such inquiries relating to them as he considers necessary for the purposes of this Part of this Act; or

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) A licence to admit spectators shall, unless revoked or suspended under section 12 below or surrendered, remain in force for a specified period.

(10) Subject to subsection (11) below, the licensing authority may at any time, by notice in writing to the licence holder, vary the terms and conditions of the licence.

(11) The licensing authority shall not vary the terms or conditions of a licence without—

(a) notifying the licence holder in writing of the proposed alterations or additions;

(b) giving him an opportunity to make representations about them within the period of twenty-one days beginning with the service of the notice; and

(c) taking any representations so made into account in making the decision.

(12) In taking any decision under this section the licensing authority shall have regard, among the other relevant circumstances, to the following matters or to such of them as are applicable to the decision, that is to say—

(a) whether the premises and the equipment provided and procedures used at the premises are such as to secure that, except (in the case of the procedures) in an emergency, only authorised spectators are admitted to designated football matches;

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) whether the equipment provided, procedures used and other arrangements in force at the premises are such as are reasonably required to prevent the commission or minimise the effects of offences at designated football matches; and

(d) such other considerations as the Secretary of State determines from time to time and notifies to the licensing authority.

(13) Subject to subsection (14) below, if any term or condition of a licence is contravened any responsible person commits an offence.

(14) Where a person is charged with an offence under subsection (13) above it shall be a defence to prove—

(a) that the contravention took place without his consent; and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(15) A person guilty of an offence under subsection (13) above shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(16) The fees charged on the issue of licences—

(a) may be fixed so as to reimburse the licensing authority their expenses under this Part of this Act; and

(b) shall be paid by the licensing authority to the Secretary of State.

(17) In this section—

• “authorised person” means any person authorised by the Secretary of State [F9 or the licensing authority] ;

• “specified” means specified in the licence or in the case of subsection (7) in the direction; and

• “vary”, in relation to a licence, includes the addition of further terms or conditions.

Textual Amendments

F7 S. 10(8)(c) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F8 S. 10(12)(b) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F9 Words in s. 10(17) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 11; S.I. 2007/858, art. 2(k)

11 Power of Secretary of State to require conditions in licences relating to seating. E+W

(1) The Secretary of State may, by order, direct the licensing authority to include in any licence to admit spectators to any specified premises a condition imposing requirements as respects the seating of spectators at designated football matches at the premises; and it shall be the duty of the authority to comply with the direction.

(2) The requirements imposed by a condition in pursuance of this section may relate to the accommodation to be provided at, or the arrangements to be made as respects the spectators admitted to, the premises.

(3) A direction may require the licensing authority to include the condition in the licence when granting it or by way of varying the conditions of a licence.

(4) Before giving a direction under this section in relation to any premises the Secretary of State shall consult the licensing authority which may, if it thinks fit, make recommendations to him.

(5) The licensing authority shall not make any recommendations under subsection (4) above without consulting the local authority in whose area the premises are situated.

(6) The power to make an order containing a direction under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section “local authority” has the same meaning as in the M1 Safety of Sports Grounds Act 1975.

Marginal Citations

M1 1975 c. 52.

12 Licences to admit spectators: revocation and suspension. E+W

(1) The licensing authority may, subject to subsections (2), (3) and (4) below, at any time, by notice in writing to the holder of a licence to admit spectators, revoke the licence or suspend the licence indefinitely or for such period as the authority considers appropriate.

(2) The licensing authority shall not suspend or revoke a licence under this section unless satisfied that it is necessary to do so having regard to the matters which are relevant for the purposes of this section.

(3) The matters which are relevant for the purposes of this section are—

(a) the matters specified in paragraphs (a), (b) and (c) of section 10(12) above; and

(b) such other considerations as the Secretary of State determines from time to time and notifies to the licensing authority.

(4) The licensing authority shall not revoke or suspend a licence to admit spectators without—

(a) notifying the licence holder of the proposed revocation or suspension and of the grounds for it;

(b) giving him an opportunity to make representations about the matter within the period of twenty-one days beginning with the date of the service of the notice; and

(c) taking any representations so made into account in making the decision.

(5) The licensing authority may, if satisfied that the urgency of the case so requires, suspend a licence under this section without observing the requirements of subsection (4) above but the authority shall, as soon as is practicable, notify the person to whom the licence was granted of the grounds for the suspension.

(6) A licence suspended under this section shall during the time of suspension be of no effect.

(7) Where a licence has been suspended under this section the person to whom the licence was granted may at any time apply to the licensing authority to terminate the suspension and the licensing authority may terminate the suspension if it appears to be appropriate to do so having regard to the relevant matters and after taking into account any representations made by the applicant.

13 Licensing authority’s powers in relation to safety at football grounds. E+W

(1) The licensing authority shall have the function of keeping under review the discharge by local authorities of their functions under the M2 Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played and shall have the powers conferred in relation to those functions by the following provisions of this section.

(2) The licensing authority may, by notice in writing to the local authority concerned, require the local authority to include in any safety certificate such terms and conditions as are specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(3) Before exercising its power under subsection (2) above to require the inclusion of specified terms and conditions in any safety certificate, the licensing authority shall consult [F10 —

(a) the local authority;

(b) the chief officer of police;

(c) if the local authority are not the fire and rescue authority, the fire and rescue authority; and

(d) if the local authority are not the building authority, the building authority.]

(4) As respects those terms and conditions, the local authority need not consult the chief officer of police, the [F11 fire and rescue authority] or the building authority under section 3(3) or 4(8) of the Safety of Sports Grounds Act 1975 before issuing a safety certificate or about any proposal to amend or replace one.

(5) A notice under subsection (2) above may require the issue under that Act of a safety certificate incorporating the specified terms or conditions or the amendment under that Act of a safety certificate so that it incorporates the specified terms or conditions.

(6) Any inspector appointed by the licensing authority may, for the purposes of the discharge by the licensing authority of its function under subsection (1) above, on production, if so required, of his authority—

(a) enter at any reasonable time any sports ground at which designated football matches are played;

(b) make such inspection of the ground and such inquiries relating to the ground as he considers necessary; or

(c) examine the safety certificate and any records kept under the Safety of Sports Grounds Act 1975 or this Part of this Act, and take copies of such records.

(7) The licensing authority may, by notice in writing to any local authority, require the local authority to furnish to the licensing authority such information relating to the discharge by the local authority of its functions under the Safety of Sports Grounds Act 1975 as is specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(8) Section 5(3) of the Safety of Sports Grounds Act 1975 (appeals against terms and conditions of safety certificates) shall have effect with the insertion, after paragraph (ii), of the words “but not against the inclusion in a safety certificate of anything required to be included in it by the Football Licensing Authority under section 13(2) of the Football Spectators Act 1989”.

(9) Any expression used in this section and in the Safety of Sports Grounds Act 1975 has the same meaning in this section as in that Act.

Textual Amendments

F10 S. 13(3)(a)-(d) substituted for words in s. 13(3) (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F11 Words in s. 13(4) substituted (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I2 S. 13 wholly in force at 3.6.1991. See s. 27(2) and S.I. 1991/1071, art. 2

Marginal Citations

M2 1975 c. 52.

[F12 Part II E+W Regulated football matches]

Textual Amendments

F12 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

[F13 Preliminary] E+W

Textual Amendments

F13 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F14 14 [ Main definitions.] E+W

(1) This section applies for the purposes of this Part.

(2) “Regulated football match” means an association football match (whether in England and Wales or elsewhere) which is a prescribed match or a match of a prescribed description.

(3) “External tournament” means a football competition which includes regulated football matches outside England and Wales.

(4) “Banning order” means an order made by the court under this Part which—

(a) in relation to regulated football matches in England and Wales, prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and

(b) in relation to regulated football matches outside England and Wales, requires that person to report at a police station in accordance with this Part.

(5) “Control period”, in relation to a regulated football match outside England and Wales, means the period—

(a) beginning five days before the day of the match, and

(b) ending when the match is finished or cancelled.

(6) “Control period”, in relation to an external tournament, means any period described in an order made by the Secretary of State—

(a) beginning five days before the day of the first football match outside England and Wales which is included in the tournament, and

(b) ending when the last football match outside England and Wales which is included in the tournament is finished or cancelled,

but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account.

(7) References to football matches are to football matches played or intended to be played.

(8) “Relevant offence” means an offence to which Schedule 1 to this Act applies.

Textual Amendments

F14 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C1 S. 14(6) modified (24.4.2006) by The Football Spectators (2006 World Cup Control Period) Order 2006 (S.I. 2006/988), arts. 1(1), 2

C2 S. 14(6) modified (19.5.2008) by The Football Spectators (2008 European Championship Control Period) Order 2008 (S.I. 2008/1165), arts. 1, 2

[F15 Banning orders] E+W

Textual Amendments

F15 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F16 14A [ Banning orders made on conviction of an offence.] E+W

(1) This section applies where a person (the “offender”) is convicted of a relevant offence.

(2) If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender.

(3) If the court is not so satisfied, it must in open court state that fact and give its reasons.

[F17 (3A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B) It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]

(4) A banning order may only be made under this section—

(a) in addition to a sentence imposed in respect of the relevant offence, or

(b) in addition to an order discharging him conditionally.

[F18 (4A) The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B) If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

[F19 (4BA) If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.

(4BB) A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail—

(a) not to leave England and Wales before his appearance before the court, and

(b) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

(4C) F20 ... the court may not issue a warrant [F21 under subsection (4B) above] for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]

(5) A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).

[F22 (5A) The prosecution has a right of appeal against a failure by the court to make a banning order under this section—

(a) where the failure is by a magistrates' court, to the Crown Court; and

(b) where it is by the Crown Court, to the Court of Appeal.

(5B) An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.

(5C) An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought.]

(6) In this section, “the court” in relation to an offender means—

(a) the court by or before which he is convicted of the relevant offence, or

(b) if he is committed to the Crown Court to be dealt with for that offence, the Crown Court.

Textual Amendments

F16 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F17 S. 14A(3A)(3B) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(5), 93; S.I. 2003/3300, art. 2(f)(ii)

F18 Ss. 14A(4A)-(4C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(10), 178(8); S.I. 2005/1521, art. 3(1)(s)

F19 S. 14A(4BA)(4BB) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 2(1); S.I. 2007/858, art. 2(k)

F20 Word in s. 14A(4C) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 2(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)

F21 Words in s. 14A(4C) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 2(2); S.I. 2007/858, art. 2(k)

F22 Ss. 14A(5A)-(5C) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 3(1); S.I. 2007/858, art. 2(k)

F23 [14B Banning orders made on a complaint. E+W

[F24 (1) An application for a banning order in respect of any person may be made by—

(a) the relevant chief officer, or

(b) the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is met.]

[F25 (1A) In subsection (1) “the relevant chief officer” means—

(a) the chief officer of police of any police force maintained for a police area; or

(b) the chief constable of the British Transport Police Force.]

(2) That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.

(3) The application is to be made by complaint to a magistrates’ court.

(4) If—

(a) it is proved on the application that the condition in subsection (2) above is met, and

(b) the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches,

the court must make a banning order in respect of the respondent.]

[F26 (5) If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.

(6) A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail—

(a) not to leave England and Wales before his appearance before the court, and

(b) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

Textual Amendments

F23 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F24 S. 14B(1) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 4(1)(a); S.I. 2007/858, art. 2(k)

F25 S. 14B(1A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 4(1)(b); S.I. 2007/858, art. 2(k)

F26 S. 14B(5)(6) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 2(3); S.I. 2007/858, art. 2(k)

Modifications etc. (not altering text)

C3 Ss. 14B, 21A, 21B restricted (28.7.2000) by 2000 c. 25, s. 5(2)-(5),

[F27 14C Banning orders: supplementary. E+W

(1) In this Part, “violence” means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.

(2) In this Part, “disorder” includes—

(a) stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,

(b) using threatening, abusive or insulting words or behaviour or disorderly behaviour,

(c) displaying any writing or other thing which is threatening, abusive or insulting.

(3) In this Part, “violence” and “disorder” are not limited to violence or disorder in connection with football.

(4) The magistrates’ court may take into account the following matters (among others), so far as they consider it appropriate to do so, in determining whether to make an order under section 14B above—

(a) any decision of a court or tribunal outside the United Kingdom,

(b) deportation or exclusion from a country outside the United Kingdom,

(c) removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere,

(d) conduct recorded on video or by any other means.

(5) In determining whether to make such an order—

(a) the magistrates’ court may not take into account anything done by the respondent before the beginning of the period of ten years ending with the application under section 14B(1) above, except circumstances ancillary to a conviction,

(b) before taking into account any conviction for a relevant offence, where a court made a statement under section 14A(3) above (or section 15(2A) below or section 30(3) of the M3 Public Order Act 1986), the magistrates’ court must consider the reasons given in the statement,

and in this subsection “circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the M4 Rehabilitation of Offenders Act 1974 (effect of rehabilitation).

(6) Subsection (5) does not prejudice anything in the M5 Rehabilitation of Offenders Act 1974.]

Textual Amendments

F27 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Marginal Citations

M3 1986 c. 64.

M4 1974 c. 53.

M5 1974 c. 53.

F28 [14D Banning orders made on a complaint: appeals. E+W

(1) An appeal lies to the Crown Court against the making by a magistrates’ court of a banning order under section 14B above.

[F29 (1A) An appeal lies to the Crown Court against the dismissal by a magistrates' court of an application for the making of a banning order under section 14B above.]

(2) On [F30 an appeal under this section] the Crown Court—

(a) may make any orders necessary to give effect to its determination of the appeal, and

(b) may also make any incidental or consequential orders which appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) is to be treated for the purposes of this Part as if it were an order of the magistrates’ court from which the appeal was brought.]

Textual Amendments

F28 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F29 S. 14D(1A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 3(2); S.I. 2007/858, art. 2(k)

F30 Words in s. 14D(2) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 3(3); S.I. 2007/858, art. 2(k)

F31 [14E Banning orders: general. E+W

(1) On making a banning order, a court must in ordinary language explain its effect to the person subject to the order.

(2) A banning order must require the person subject to the order to report initially at a police station in England and Wales specified in the order within the period of five days beginning with the day on which the order is made.

[F32 (2A) A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B) The events are—

(a) a change of any of his names;

(b) the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(c) a change of his home address;

(d) his acquisition of a temporary address;

(e) a change of his temporary address or his ceasing to have one;

(f) his becoming aware of the loss of his travel authorisation;

(g) receipt by him of a new travel authorisation;

(h) an appeal made by him in relation to the order;

(i) an application made by him under section 14H(2) for termination of the order;

(j) an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C) A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—

(a) in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b) in the case of a first use of a previously undisclosed name, must specify that name; and

(c) in the case of a receipt of a new travel authorisation, must give details of that travel authorisation.]

(3) A banning order must F33 ... impose a requirement as to the surrender in accordance with this Part, in connection with regulated football matches outside the United Kingdom, of the passport of the person subject to the order.

F34 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the case of a person detained in legal custody—

(a) the requirement under this section to report at a police station, and

(b) any requirement imposed under section 19 below,

is suspended until his release from custody.

(6) If—

(a) he is released from custody more than five days before the expiry of the period for which the order has effect, and

(b) he was precluded by his being in custody from reporting initially,

the order is to have effect as if it required him to report initially at the police station specified in the order within the period of five days beginning with the date of his release.]

[F35 (7) A person serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates is to be treated for the purposes of this section as having been detained in legal custody until his final release; and accordingly any reference in this section to release is, in relation to a person serving such a sentence, a reference to his final release.]

[F36 (8) In this section—

• “declaration of relevance” has the same meaning as in section 23;

• “home address”, in relation to any person, means the address of his sole or main residence;

• “loss” includes theft or destruction;

• “new” includes replacement;

• “temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.]

Textual Amendments

F31 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F32 Ss. 14E(2A)-(2C) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 5(2) (with Sch. 3 para. 5(6)); S.I. 2007/858, art. 2(k)

F33 Words in s. 14E(3) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 5(3), Sch. 5 (with Sch. 3 para. 5(7)); S.I. 2007/858, art. 2(k)(n)(v)

F34 S. 14E(4) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 5(4), Sch. 5 (with Sch. 3 para. 5(7)); S.I. 2007/858, art. 2(k)(n)(v)

F35 S. 14E(7) inserted (26.1.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 57; S.I. 2003/3282, art. 2, Sch.

F36 S. 14E(8) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 5(5); S.I. 2007/858, art. 2(k)

F37 [14F Period of banning orders. E+W

(1) Subject to the following provisions of this Part, a banning order has effect for a period beginning with the day on which the order is made.

(2) The period must not be longer than the maximum or shorter than the minimum.

(3) Where the order is made under section 14A above in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years and the minimum is six years; and in this subsection “imprisonment” includes any form of detention.

(4) In any other case where the order is made under section 14A above, the maximum is five years and the minimum is three years.

(5) Where the order is made under section 14B above, the maximum is [F38 five] years and the minimum is [F38 three] years.]

Textual Amendments

F37 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F38 Words in s. 14F(5) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 6; S.I. 2007/858, art. 2(k)

F39 [14G Additional requirements of orders. E+W

(1) A banning order may, if the court making the order thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

(2) The court by which a banning order was made may, on an application made by—

(a) the person subject to the order, or

(b) the person who applied for the order or who was the prosecutor in relation to the order,

vary the order so as to impose, replace or omit any such requirements.

(3) In the case of a banning order made by a magistrates’ court, the reference in subsection (2) above to the court by which it was made includes a reference to any magistrates’ court acting [F40 in the same local justice] area as that court.]

Textual Amendments

F39 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F40 Words in s. 14G(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 332(a); S.I. 2005/910, art. 3(y)

F41 [14H Termination of orders. E+W

(1) If a banning order has had effect for at least two-thirds of the period determined under section 14F above, the person subject to the order may apply to the court by which it was made to terminate it.

(2) On the application, the court may by order terminate the banning order as from a specified date or refuse the application.

(3) In exercising its powers under subsection (2) above, the court must have regard to the person’s character, his conduct since the banning order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to it to be relevant.

(4) Where an application under subsection (1) above in respect of a banning order is refused, no further application in respect of the order may be made within the period of six months beginning with the day of the refusal.

(5) The court may order the applicant to pay all or any part of the costs of an application under this section.

(6) In the case of a banning order made by a magistrates’ court, the reference in subsection (1) above to the court by which it was made includes a reference to any magistrates’ court acting [F42 in the same local justice] area as that court.]

Textual Amendments

F41 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F42 Words in s. 14H(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 332(b); S.I. 2005/910, art. 3(y)

[F43 14J Offences. E+W

(1) A person subject to a banning order who fails to comply with—

(a) any requirement imposed by the order, or

(b) any requirement imposed under section 19(2B) or (2C) below,

is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.]

Textual Amendments

F43 Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Restriction orders E+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Information. E+W

(1) Where a court makes [F57 a banning order] the [F58 designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a) shall give a copy of it to the person to whom it relates;

(b) shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F59 and to any prescribed person];

(c) shall (as soon as reasonably practicable) send a copy of it to the police station (addressed to the officer responsible for the police station) at which the person subject to the order is to report initially; and

(d) in a case where the person subject to the order is [F60 detained in legal custody, shall (as soon as reasonably practicable) send a copy of it to the person in whose custody he is detained].

(2) Where a court terminates [F57 a banning order] under [F61 section 14H]above, the [F62 designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a) shall give a copy of the terminating order to the person to whom [F57 the banning order] relates;

(b) shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F63 and to any prescribed person]; and

(c) in a case where the person subject to [F57 the banning order] is [F64 detained in legal custody, shall (as soon as reasonably practicable) send a copy of the terminating order to the person in whose custody he is detained].

F65 [(3) Where a person subject to a banning order is released from custody and, in the case of a person who has not reported initially to a police station, is released more than five days before the expiry of the banning order, the person in whose custody he is shall (as soon as reasonably practicable) give notice of his release to the enforcing authority.]

F66 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67 (5) In relation to a person serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates, any reference in this section to his detention or to his release shall be construed in accordance with section 14E(7).]

Textual Amendments

F57 Words in s. 18 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F58 Words in s. 18(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 333(2); S.I. 2005/910, art. 3(y)

F59 Words in s. 18(1)(b) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(a)(i); S.I. 2000/2125, art. 2

F60 Words in s. 18(1)(d) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(a)(ii); S.I. 2000/2125, art. 2

F61 Words in s. 18(2) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(i); S.I. 2000/2125, art. 2

F62 Words in s. 18(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 333(3); S.I. 2005/910, art. 3(y)

F63 Words in s. 18(2)(b) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(ii); S.I. 2000/2125, art. 2

F64 Words in s. 18(2)(c) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(iii); S.I. 2000/2125, art. 2

F65 S. 18(3) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(c); S.I. 2000/2125, art. 2

F66 S. 18(4) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 333(4), Sch. 10; S.I. 2005/910, art. 3(y)

F67 S. 18(5) inserted (26.1.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 58; S.I. 2003/3282, art. 2, Sch.

Reporting E+W

19 Functions of enforcing authority and local police. E+W

(1) The enforcing authority and the officer responsible for the police station at which he reports initially shall have the following functions as respects any person subject to [F68 a banning order].

(2) On a person reporting initially at the police station, the officer responsible for the station may make such requirements of that person as are determined by the enforcing authority to be necessary or expedient for giving effect to [F69 the banning order, so far as relating to regulated football matches outside England and Wales.

(2A) If, in connection with any regulated football match outside England and Wales, the enforcing authority is of the opinion that requiring any person subject to a banning order to report is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match, the authority must give him a notice in writing under subsection (2B) below.

(2B) The notice must require that person—

(a) to report at a police station specified in the notice at the time, or between the times, specified in the notice,

(b) if the match is outside the United Kingdom F70 ..., to surrender his passport at a police station specified in the notice at the time, or between the times, specified in the notice,

and may require him to comply with any additional requirements of the order in the manner specified in the notice.

(2C) In the case of any regulated football match, the enforcing authority may by notice in writing require any person subject to a banning order to comply with any additional requirements of the order in the manner specified in the notice.

(2D) The enforcing authority may establish criteria for determining whether any requirement under subsection (2B) or (2C) above ought to be imposed on any person or any class of person.

(2E) A notice under this section—

(a) may not require the person subject to the order to report except in the control period in relation to a regulated football match outside England and Wales or an external tournament,

(b) may not require him to surrender his passport except in the control period in relation to a regulated football match outside the United Kingdom or an external tournament which includes such matches.

[F71 (c) must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match.]

(2F) Where a notice under this section requires the person subject to the order to surrender his passport, the passport must be returned to him as soon as reasonably practicable after the end of the control period in question.]

(5) The enforcing authority, in exercising their functions under this section, shall have regard to any guidance issued by the Secretary of State under section 21 below.

(6) A person who, without reasonable excuse, fails to comply with any requirement imposed on him under subsection (2) above shall be guilty of an offence.

(7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F68 Words in s. 19 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F69 S. 19(2A)-(2F) and words in s. 19(2) substituted for the words from “international” in subsection (2) to the end of subsection (4) (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 3(2); S.I. 2000/2125, art. 2

F70 Words in s. 19(2B)(b) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F71 S. 19(2E)(c) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 7; S.I. 2007/858, art. 2(k)

20 Exemptions from requirement to report as respects a match. E+W

(1) A person who is subject to [F72 a banning order] may—

(a) as respects a particular [F73 regulated football match], or

(b) as respects [F73 regulated football matches] played during a period,

apply to the authority empowered to grant exemptions under this section (“the exempting authority”) to be exempt from [F74 the requirements imposed by or under this Part, or any of them] as respects that match or matches played during that period.

(2) The enforcing authority may grant exemptions under this section in all cases; but where the application is [F75 made during the control period in relation to any match to which the application applies, the officer responsible for a police station may grant the exemption as respects that match, subject to subsection (3) below].

(3) The officer responsible for a police station shall not grant an exemption without referring the question of exemption to the enforcing authority, unless he considers that it is not reasonably practicable to do so.

(4) The exempting authority shall exempt the applicant from [F76 the requirements imposed by or under this Part, or any of them, as respects any match or matches to which the application relates] if he shows to the authority’s satisfaction—

(a) that there are special circumstances which justify his being so exempted; and

(b) that, because of those circumstances, he would not attend the match or matches if he were so exempted.

(5) The exempting authority shall, in taking any decision under subsection (4) above, have regard to any guidance issued by the Secretary of State under section 21 below.

(6) Where an exemption is granted by the exempting authority to a person under subsection (4) above [F77 the banning order is to have effect subject to the exemption and, accordingly, no requirement is to be imposed under section 19 which is inconsistent with the exemption].

(7) A person who is aggrieved by the refusal of the exempting authority to grant him an exemption under subsection (4) above may, after giving the authority notice in writing of his intention to do so, appeal to a magistrates’ court F78 ....

(8) On any appeal under subsection (7) above the court may make such order as it thinks fit.

(9) The court may order the appellant to pay all or any part of the costs of an appeal under subsection (7) above.

(10) Any person commits an offence who, in connection with an application under this section to be exempted from [F79 the requirements imposed by or under this Part, or any of them]—

(a) makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

(b) produces, furnishes, signs or otherwise makes use of a document which he knows to be false or misleading in a material particular or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular.

(11) A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F72 Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F73 Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 11; S.I. 2000/2125, art. 2

F74 Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(a); S.I. 2000/2125, art. 2

F75 Words in s. 20(2) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(b); S.I. 2000/2125, art. 2

F76 Words in s. 20(4) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(c); S.I. 2000/2125, art. 2

F77 Words in s. 20(6) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(d); S.I. 2000/2125, art. 2

F78 Words in s. 20(7) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 334, Sch. 10; S.I. 2005/910, art. 3(y)

F79 Words in s. 20(10) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(e); S.I. 2000/2125, art. 2

21 Functions of enforcing authority: supplementary provisions. E+W

(1) The Secretary of State may issue to the enforcing authority such guidance as he considers appropriate for the purposes of the exercise of their functions under sections 19 and 20 above.

(2) The Secretary of State shall make such arrangements as he considers appropriate for publishing the guidance issued from time to time under subsection (1) above.

(3) The Secretary of State may make regulations regulating the giving by the enforcing authority to persons subject to [F80 banning orders] of notices under section 19 above F81 . . .; and it shall be the duty of the enforcing authority to comply with the regulations.

(4) Regulations under subsection (3) above may exclude the operation of section 25 below.

(5) The power to make regulations under subsection (3) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where any notice is given under section 19 above by the enforcing authority in accordance with regulations under subsection (3) above, the notice shall be taken to have been received by the person to whom it was addressed unless he proves that he did not receive the notice and did not know and had no reasonable cause to believe that [F82 requirements had been imposed on him under section 19 above].

(7) Where any notice is given under section 19 above by the enforcing authority in accordance with section 25 below, subsection (6) above [F83 (instead of section 25(1A))] shall apply as it applies to such a notice given in accordance with regulations under subsection (3) above.

(8) The Secretary of State may pay to the enforcing authority any expenses incurred by them in exercising their functions under sections 19 and 20 above.

Textual Amendments

F80 Words in s. 21(3) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 16; S.I. 2000/2125, art. 2

F81 Words in s. 21(3) repealed (27.9.1999) by 1999 c. 21, ss. 3(12), 12(2) (with s.12(3))

F82 Words in s. 21(6) substituted (27.9.1999) by 1999 c. 21, ss. 3(13), 12(2) (with s. 12(3))

F83 Words in s. 21(7) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 8(2); S.I. 2007/858, art. 2(k)

[F84 21A Summary measures: detention. E+W

(1) This section and section 21B below apply during any control period in relation to a regulated football match outside England and Wales or an external tournament if a constable in uniform—

(a) has reasonable grounds for suspecting that the condition in section 14B(2) above is met in the case of a person present before him, and

(b) has reasonable grounds to believe that making a banning order in his case would help to prevent violence or disorder at or in connection with any regulated football matches.

(2) The constable may detain the person in his custody (whether there or elsewhere) until he has decided whether or not to issue a notice under section 21B below, and shall give the person his reasons for detaining him in writing.

This is without prejudice to any power of the constable apart from this section to arrest the person.

(3) A person may not be detained under subsection (2) above for more than four hours or, with the authority of an officer of at least the rank of inspector, six hours.

(4) A person who has been detained under subsection (2) above may only be further detained under that subsection in the same control period in reliance on information which was not available to the constable who previously detained him; and a person on whom a notice has been served under section 21B(2) below may not be detained under subsection (2) above in the same control period.]

Textual Amendments

F84 S. 21A inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C4 Ss. 14B, 21A, 21B restricted (28.7.2000) by 2000 c. 25, s. 5(2)-(5); S.I. 2000/2125, art. 2

F85 [21B Summary measures: reference to a court. E+W

(1) A constable in uniform may exercise the power in subsection (2) below if authorised to do so by an officer of at least the rank of inspector.

(2) The constable may give the person a notice in writing requiring him—

(a) to appear before a magistrates’ court at a time, or between the times, specified in the notice,

(b) not to leave England and Wales before that time (or the later of those times), and

(c) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to the constable,

and stating the grounds referred to in section 21A(1) above.

(3) The times for appearance before the magistrates’ court must be within the period of 24 hours beginning with—

(a) the giving of the notice, or

(b) the person’s detention under section 21A(2) above,

whichever is the earlier.

(4) For the purposes of section 14B above, the notice is to be treated as an application for a banning order made by complaint by the constable to the court in question and subsection (1) of that section is to have effect as if the references to [F86 the relevant chief officer] were references to that constable.

(5) A constable may arrest a person to whom he is giving such a notice if he has reasonable grounds to believe that it is necessary to do so in order to secure that the person complies with the notice.

(6) Any passport surrendered by a person under this section must be returned to him in accordance with directions given by the court.]

Textual Amendments

F85 S. 21B inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

F86 Words in s. 21B(4) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 4(2); S.I. 2007/858, art. 2(k)

Modifications etc. (not altering text)

C5 Ss. 14B, 21A, 21B restricted (28.8.2000) by 2000 c. 25, s. 5(2)-(5); S.I. 2000/2125, art. 2

[F87 21C Summary measures: supplementary E+W

(1) The powers conferred by sections 21A and 21B above may only be exercised in relation to a person who is a British citizen.

(2) A person who fails to comply with a notice given to him under section 21B above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court as required by the notice (whether under arrest or not), the court may remand him.

(4) A person who, by virtue of subsection (3) above, is remanded on bail under section 128 of the M8 Magistrates’ Courts Act 1980 may be required by the conditions of his bail—

(a) not to leave England and Wales before his appearance before the court, and

(b) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

Textual Amendments

F87 S. 21C inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

Marginal Citations

M8 1980 c.43.

[F88 21D Summary measures: compensation. E+W

(1) Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied—

(a) that the notice should not have been given,

(b) that he has suffered loss as a result of the giving of the notice, and

(c) that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.

(2) An appeal lies to the Crown Court against any refusal by a magistrates’ court to order the payment of compensation under subsection (1) above.

(3) The compensation to be paid by order of the magistrates’ court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).

(4) If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.

(5) In this section, “central funds” has the same meaning as in enactments providing for the payment of costs.]

Textual Amendments

F88 S. 21D inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

Relevant offences outside England and Wales E+W

22 Restriction orders arising out of offences outside England and Wales. E+W

(1) Her Majesty may, by Order in Council, specify offences (“corresponding offences”) under the law of any country outside England and Wales which appear to Her to correspond to any offence [F89 to which Schedule 1 to this Act applies].

[F90 (1A) For the purposes of subsection (1) above, an offence specified in an Order in Council under that subsection shall be regarded as corresponding to an offence [F89 to which Schedule 1 to this Act applies] notwithstanding that any period specified in the Order is longer than any corresponding period specified in that Schedule.]

(2) Upon an information being laid before a justice of the peace F91 ... that a person F92 ... has been convicted of a corresponding offence in a country outside England and Wales, the justice may—

(a) issue a summons directed to that person requiring him to appear before a magistrates’ court F93 ... to answer to the information; or

(b) subject to subsection (3) below, issue a warrant to arrest that person and bring him before a magistrates’ court F93 ....

(3) No warrant shall be issued under subsection (2) above unless the information is in writing and substantiated on oath.

(4) Where a person appears or is brought before a magistrates’ court in pursuance of subsection (2) above, the court, if satisfied that—

(a) he is ordinarily resident in England and Wales, and

(b) has been convicted in the country outside England and Wales of the corresponding offence,

may, unless it appears that the conviction is the subject of proceedings in a court of law in that country questioning the conviction, make [F94 a banning order] in relation to him.

[F95 (5) A magistrates’ court which has power to make an international football banning order in relation to a person shall be under a duty to make the order in relation to him if it is satisfied that there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with [F96 regulated football matches].

(5A) Where a magistrates’ court has power to make an international football banning order in relation to a person but does not do so, it shall state in open court that it is not satisfied that there are such reasonable grounds as are mentioned in subsection (5) above and give reasons why it is not satisfied.]

(6) In proceedings under subsection (4) above, the court shall have the like powers, including power to adjourn the proceedings and meanwhile to remand the defendant on bail (but not in custody), and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were the trial of an information for a summary offence.

(7) Any person aggrieved by the decision of a magistrates’ court making [F94 a banning order] under this section may appeal to the Crown Court against the decision.

F97 [(8) Sections 14E to 14J and 18 to 21 shall apply in relation to a person subject to a banning order under this section as they apply in relation to a person subject to a banning order made by a magistrates’ court under section 14A.]

[F98 (9) An Order in Council under subsection (1) above relating to any country may include provision specifying the documentary form in which details are to be given of—

(a) the conviction of a person in that country of a corresponding offence,

(b) the nature and circumstances of the offence, and

(c) whether or not the conviction is the subject of proceedings in that country questioning it.

(10) A document in the form so specified—

(a) shall be admissible in any proceedings under this Part of this Act as evidence of the facts stated in it unless the contrary is proved, and

(b) shall be taken as such a document unless the contrary is proved.

(11) In proceedings against a person under this section, the facts stated in a document in the form so specified shall, on production of the document and proof that that person is the person whose conviction is set out in the document, be taken to be proved unless the contrary is proved.]

(12) Any statutory instrument containing an Order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F89 Words in s. 22(1)(1A) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 17(a); S.I. 2000/2125, art. 2

F90 S. 22(1A) inserted (27.9.1999) by 1999 c. 21, ss. 5(2), 12(2) (with s. 12(3))

F91 Words in s. 22(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 335(a), Sch. 10; S.I. 2005/910, art. 3(y)

F92 Words in s. 22(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 335(b), Sch. 10; S.I. 2005/910, art. 3(y)

F93 Words in s. 22(2) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 335(c), Sch. 10; S.I. 2005/910, art. 3(y)

F94 Words in s. 22 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F95 S. 22(5)(5A) substituted for s. 22(5) (27.9.1999) by 1999 c. 21, ss. 5(3), 12(2) (with s. 12(3))

F96 Words in s. 22(5) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 11; S.I. 2000/2125, art. 2

F97 S. 22(8) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 17(b); S.I. 2000/2125, art. 2

F98 S. 22(9)-(11) substituted (27.9.1999) by 1999 c. 21, ss. 5(5), 12(2) (with s. 12(3))

F99 [22A Other interpretation, etc. E+W

(1) In this Part—

• “British citizen” has the same meaning as in the M9 British Nationality Act 1981,

• “country” includes territory,

• F100 ...

• “enforcing authority” means a prescribed organisation established by the Secretary of State under section 57 of the M10 Police Act 1996 (central police organisations),

• “passport” means a United Kingdom passport within the meaning of the M11 Immigration Act 1971,

• “prescribed” means prescribed by an order made by the Secretary of State.

(2) The Secretary of State may, if he considers it necessary or expedient to do so in order to secure the effective enforcement of this Part, by order provide for section 14(5) and (6) above to have effect in relation to any, or any description of, regulated football match or external tournament as if, for any reference to five days, there were substituted a reference to the number of days (not exceeding ten) specified in the order.

(3) Any power of the Secretary of State to make an order under this Part is exercisable by statutory instrument.

(4) An instrument containing an order made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F99 S. 22A inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 18; S.I. 2000/2125, art. 2

F100 Words in s. 22A(1) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

Marginal Citations

M9 1981 c. 61.

M10 1996 c. 16.

M11 1971 c. 77.

Part III E+W General

23 Further provision about, and appeals against, declarations of relevance. E+W

(1) Subject to subsection (2) below, a court may not make a declaration of relevance as respects any offence unless it is satisfied that the prosecutor gave notice to the defendant, at least five days before the first day of the trial, that it was proposed to show that the offence related to football matches [F101 , to a particular football match or to particular football matches (as the case may be).]

(2) A court may, in any particular case, make a declaration of relevance notwithstanding that notice to the defendant as required by subsection (1) above has not been given if he consents to waive the giving of full notice or the court is satisfied that the interests of justice do not require more notice to be given.

(3) A person convicted of an offence as respects which the court makes a declaration of relevance may appeal against the making of the declaration of relevance as if the declaration were included in any sentence passed on him for the offence, and accordingly—

(a) in section 10(3) of the M12 Criminal Appeal Act 1968 (appeals against sentence by Crown Court), in paragraph (c), after the sub-paragraph (iv) inserted by section 15(7) above there shall be inserted “or

(v) a declaration of relevance under the Football Spectators Act 1989;”;

(b) in section 50(1) of that Act (meaning of “sentence”), at the end there shall be inserted the words “ ;and a declaration of relevance under the Football Spectators Act 1989 ”; and

(c) in section 108(3) of the M13 Magistrates’ Courts Act 1980 (right of appeal to the Crown Court), at the end there shall be inserted the words “ and also includes a declaration of relevance under the Football Spectators Act 1989. ”

(4) [F102 A banning order] made upon a person’s conviction of a relevant offence shall be quashed if the making of a declaration of relevance as respects that offence is reversed on appeal.

[F103 (5) In this section “declaration of relevance” means a declaration by a court for the purposes of Schedule 1 to this Act that an offence related to football matches, or that it related to one or more particular football matches.]

Textual Amendments

F101 Words in s. 23(1) inserted (27.9.1999) by 1999 c. 21, ss. 2(6), 12(2) (with s. 12(3))

F102 Words in s. 23(4) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F103 S. 23(5) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 12; S.I. 2007/858, art. 2(k)

Modifications etc. (not altering text)

C6 S. 23(1)-(3) applied (27.9.1999) by 1986 c. 64, s. 31(2)(3) (as substituted (27.9.1999) by 1999 c. 21, ss. 7(1), 12(2) (with s. 12(3))

Marginal Citations

M12 1968 c. 19.

M13 1980 c. 43.

24 Offences by bodies corporate. E+W

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body corporate, or any person purporting to act in that capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

25 Service of documents. E+W

(1) Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.

[F104 (1A) A notice or other document served in accordance with subsection (1) on a person who is the subject of a banning order is to be deemed to be received by him at the time when it is served unless he proves otherwise.]

(2) Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(3) For the purposes of this section, and of section 7 of the M14 Interpretation Act 1978 in its application to this section, the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered office or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

(4) This section, and the said section 7 in its application to this section, is subject to section 21(4) and (7) above.

Textual Amendments

F104 S. 25(1A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 8(1); S.I. 2007/858, art. 2(k)

Marginal Citations

M14 1978 c. 30.

26 Financial provision. E+W

(1) Any expenses of the Secretary of State under this Act shall be paid out of money provided by Parliament.

(2) Any fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

27 Citation, commencement, consequential repeal and extent. E+W

(1) This Act may be cited as the Football Spectators Act 1989.

(2) The provisions of this Act (other than this section) shall not come into operation until such day as the Secretary of State may appoint by order made by statutory instrument.

(3) Different days may be appointed under subsection (2) above for different provisions of this Act.

(4) A statutory instrument appointing a commencement date for F105 ... section 13 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F106 [(4A) Any power of Her Majesty to make an Order in Council under this Act, and any power of the Secretary of State to make regulations or an order under this Act, may be exercised so as to make different provision for different purposes]

F107 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) This Act, except paragraph 14 of Schedule 2, extends to England and Wales only.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 27(2) partly exercised: S.I. 1990/690, 926

P2 S. 27(2)(3) power exercised by S.I. 1991/1071

S. 27(2)(3): s. 27(2)(3) power exercised (1.8.1993) by S.I. 1993/1690

Textual Amendments

F105 Words in s. 27(4) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F106 S. 27(4A) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 19(a); S.I. 2000/2125, art. 2

F107 S. 27(5) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

SCHEDULES

[F108 SCHEDULE 1 E+W Offences

Textual Amendments

F108 Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

The offences relevant for the purposes of sections 7(2) and 15(1) of this Act are the following—

(a) any offence under section 2(1) or 5(7) of this Act;

(b) any offence under section 2 of the M15 Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol containers at sports grounds) committed by the accused at any designated football match or while entering or trying to enter the ground;

(c) any offence under section 5 of the M16 Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(d) any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(e) any offence involving the use or threat of violence towards property committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(f) any offence under section 12 of the M17 Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches.]]

(g) any offence under section 91(1) of the M18 Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches].

(h) any offence under section 1 of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches].

(i) any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches].

(j) any offence under section 4 or 5 of the M19 Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches].

(k) any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches.]

(l) any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F109 declaration that the offence related to football matches].

[F110 (m) any offence under the Football (Offences) Act 1991.]

[F111 (n) any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)—

(i) which does not fall within paragraph (c) or (i) above,

(ii) which was committed during a period relevant to a designated football match, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(o) any offence involving the use or threat of violence by the accused towards another person—

(i) which does not fall within paragraph (d) or (k) above,

(ii) which was committed during a period relevant to a designated football match, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(p) any offence involving the use or threat of violence towards property—

(i) which does not fall within paragraph (e) or (l) above,

(ii) which was committed during a period relevant to a designated football match, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(q) any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

• Any reference to an offence in paragraphs (a) to (q) above includes—

  (a)

  a reference to any attempt, conspiracy or incitement to commit that offence; and

  (b)

  a reference to aiding and abetting, counselling or procuring the commission of that offence.

• For the purposes of paragraphs (f) to (l) above—

  (a)

  a person may be regarded as having been on a journey to or from a designated football match whether or not he attended or intended to attend the match; and

  (b)

  a person’s journey includes breaks (including overnight breaks).]

Textual Amendments

F109 Words in Sch. 1 paras. (f)-(l) substituted (27.9.1999) by 1999 c. 21, ss. 2(1), 12(2) (with s. 12(3))

F110 Sch. 1 para. (m) inserted(10.8.1991) by Football Offences Act 1991 (c.19, SIF 39:2), s. 5(3), S. I. 1991/1564, art. 2.

F111 Sch. 1 paras. (n)-(q) inserted (27.9.1999) by 1999 c. 21, ss. 2(2), 12(2) (with s. 12(3))

Marginal Citations

M15 1985 c. 57.

M16 1986 c. 64.

M17 1872 c. 94.

M18 1967 c. 80.

M19 1988 c. 52.

F112 1 E+W This Schedule applies to the following offences:

(a) any offence under section F113 ..., 14J(1) or 21C(2) of this Act,

(b) any offence under section 2 or 2A of the M20 Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground,

(c) any offence under section [F114 4A or] 5 of the M21 Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(d) any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(e) any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(f) any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(g) any offence under section 12 of the M22 Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(h) any offence under section 91(1) of the M23 Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(j) any offence under section 1 of the M24 Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(k) any offence under section [F115 4A or] 5 of the M25 Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(l) any offence under section 4 or 5 of the M26 Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(m) any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(n) any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(o) any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(p) any offence under the M27 Football (Offences) Act 1991,

(q) any offence under section [F116 4A or] 5 of the M28 Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)—

(i) which does not fall within paragraph (c) or (k) above,

(ii) which was committed during a period relevant to a football match to which this Schedule applies, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(r) any offence involving the use or threat of violence by the accused towards another person—

(i) which does not fall within paragraph (d) or (m) above,

(ii) which was committed during a period relevant to a football match to which this Schedule applies, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(s) any offence involving the use or threat of violence towards property—

(i) which does not fall within paragraph (e) or (n) above,

(ii) which was committed during a period relevant to a football match to which this Schedule applies, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(t) any offence involving the use, carrying or possession of an offensive weapon or a firearm—

(i) which does not fall within paragraph (f) or (o) above,

(ii) which was committed during a period relevant to a football match to which this Schedule applies, and

(iii) as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(u) any offence under section 166 of the M29 Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

Textual Amendments

F112 Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F113 Words in Sch. 1 para. 1(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F114 Words in Sch. 1 para. 1(c) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 9(1) (with Sch. 3 para. 9(2)); S.I. 2007/858, art. 2(k)

F115 Words in Sch. 1 para. 1(k) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 9(1) (with Sch. 3 para. 9(2)); S.I. 2007/858, art. 2(k)

F116 Words in Sch. 1 para. 1(q) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 9(1) (with Sch. 3 para. 9(2)); S.I. 2007/858, art. 2(k)

Marginal Citations

M20 1985 c. 57.

M21 1986 c. 64.

M22 1872 c. 94.

M23 1967 c. 80.

M24 1985 c. 57.

M25 1986 c. 64.

M26 1988 c. 52.

M27 1991 c. 19.

M28 1986 c. 64.

M29 1994 c. 33.

F117 2 E+W Any reference to an offence in paragraph 1 above includes—

(a) a reference to any attempt, conspiracy or incitement to commit that offence, and

(b) a reference to aiding and abetting, counselling or procuring the commission of that offence.

Textual Amendments

F117 Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F118 3 E+W For the purposes of paragraphs 1(g) to (o) above—

(a) a person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and

(b) a person’s journey includes breaks (including overnight breaks).

Textual Amendments

F118 Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F119 4 E+W In this Schedule, “football match” means a match which is a regulated football match for the purposes of Part II of this Act.

[F120 (2) For the purposes of this Schedule each of the following periods is “relevant to” a football match to which this Schedule applies—

(a) in the case of a match which takes place on the day on which it is advertised to take place, the period—

(i) beginning 24 hours before whichever is the earlier of the start of the match and the time at which it was advertised to start; and

(ii) ending 24 hours after it ends;

(b) in the case of a match which does not take place on the day on which it was advertised to take place, the period—

(i) beginning 24 hours before the time at which it was advertised to start on that day; and

(ii) ending 24 hours after that time.]

Textual Amendments

F119 Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F120 Sch. 1 para. 4(2) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 13; S.I. 2007/858, art. 2(k)

Section 8.

SCHEDULE 2 U.K. The Football Licensing Authority: Supplementary Provisions

Status and capacity E+W

1 (1) The licensing authority shall be a body corporate. E+W

(2) The licensing authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

(3) The licensing authority shall not be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local.

(4) The licensing authority shall have power to do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge.

Appointment and tenure of members E+W

2 E+W It shall be the duty of the Secretary of State—

(a) to satisfy himself, before he appoints a person to be a member of the licensing authority, that he will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

(b) to satisfy himself from time to time with respect to each member that he has no such interest.

3 E+W Any person who is, or whom the Secretary of State proposes to appoint to be, a member of the licensing authority shall, whenever requested by the Secretary of State to do so, furnish to him such information as the Secretary of State considers necessary for the performance by him of his duties under paragraph 2 above.

4 E+W Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman of the licensing authority in accordance with the terms of his appointment.

5 E+W A person shall not be appointed as a member of the licensing authority for more than three years at a time.

6 E+W A person may at any time resign his office as a member or the chairman of the licensing authority by giving the Secretary of State a signed notice in writing stating that he resigns that office.

7 E+W Where a member becomes or ceases to be the chairman, the Secretary of State may vary the terms of his appointment as a member of the licensing authority so as to alter the date on which he is to vacate office as a member.

8 E+W If the Secretary of State is satisfied that a member of the licensing authority—

(a) has been absent from meetings of the licensing authority for a period longer than three consecutive months without the permission of the licensing authority, or

(b) has become bankrupt or made an arrangement with his creditors, or

(c) is unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member of the licensing authority vacant, and notify the declaration in such manner as he thinks fit; and thereupon the office shall become vacant.

9 E+W A person who ceases to be a member, or ceases to be chairman, of the licensing authority shall be eligible for re-appointment.

Remuneration and pensions of members E+W

10 E+W The licensing authority may pay to each member such remuneration and allowances as the Secretary of State may determine.

11 E+W The licensing 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.

12 E+W Where a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the licensing authority may make to him a payment of such amount as the Secretary of State may determine.

13 E+W The approval of the Treasury shall be required for any determination under paragraphs 10, 11 or 12 above.

Disqualification of members of licensing authority for House of Commons and Northern Ireland Assembly U.K.

14 U.K. In Part II of Schedule 1 to the M30 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the following entry shall be inserted at the appropriate place in alphabetical order—

“The Football Licensing Authority”;

and the like insertion shall be made in Part II of Schedule 1 to the M31 Northern Ireland Assembly Disqualification Act 1975.

Marginal Citations

M30 1975 c. 24.

M31 1975 c. 25.

Proceedings E+W

15 E+W The quorum of the licensing authority and the arrangements relating to its meetings shall be such as the licensing authority may determine.

16 (1) A member of the licensing authority who is in any way directly or indirectly interested in any matter which falls to be considered by the authority shall disclose the nature of his interest at a meeting of the licensing authority and the disclosure shall be recorded in the minutes of the meeting. E+W

(2) The member shall not take part after the disclosure in any deliberation or decision with respect to the matter.

17 E+W The validity of any proceedings of the licensing authority shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 16 above.

Inspectors, officers and employees E+W

18 E+W The licensing authority may appoint such inspectors as it may determine to perform such functions as are assigned to them by or under this Part of this Act.

19 E+W The licensing authority may appoint a secretary and such other officers, and take into their employment such other persons, as it may determine.

20 E+W The terms and conditions of appointments under paragraphs 18 and 19 above shall require the approval of the Secretary of State and the consent of the Treasury.

21 E+W The licensing authority shall, as regards such of its inspectors, officers and employees as with the approval of the Secretary of State and the consent of the Treasury it may determine, 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 provide and maintain for them such pension schemes (whether contributory or not), as may be so determined.

22 E+W If an inspector, officer or employee of the licensing authority—

(a) is a participant in any pension scheme applicable to that employment, and

(b) becomes a member of the licensing authority,

he may, if the Secretary of State with the consent of the Treasury so determines, be treated for the purposes of the pension scheme as if his service as a member of the licensing authority were service as an employee of the licensing authority, whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 10 or 11 above.

Accounts and audit E+W

23 E+W The licensing authority shall keep proper accounts and proper records in relation to the accounts, and shall 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.

24 E+W The accounts of the licensing authority [F121 in respect of accounting years ending on or before 31st March 2002] shall be audited by auditors appointed for each [F122 such] accounting year by the Secretary of State.

Textual Amendments

F121 Words in Sch. 2 para. 24 inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 17(2)(a)

F122 Word in Sch. 2 para. 24 inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 17(2)(b)

25 E+W A person shall not be qualified for appointment for the purposes of paragraph 24 above unless he is—

(a) a member of a body of accountants established in the United Kingdom and recognised for the purposes of section 389(1)(a) of the M32 Companies Act 1985; or

(b) a member of the Chartered Institute of Public Finance and Accountancy;

but a firm may be appointed if each of its members is qualified to be so appointed.

Marginal Citations

M32 1985 c. 6.

26 E+W A copy of any accounts of the licensing authority which are audited under paragraph 24 above and of the report made on those accounts by the auditors shall be sent by the licensing authority to the Secretary of State as soon as reasonably practicable after it receives them; and the Secretary of State shall lay before Parliament a copy of any accounts or report received by him under this paragraph.

[F123 26A. E+W The licensing authority shall send a copy of the statement of accounts prepared under paragraph 23 in respect of each accounting year ending on or after 31st March 2003 to the Comptroller and Auditor General as soon as reasonably practicable after the end of the accounting year to which the statement of accounts relates.

Textual Amendments

F123 Sch. 2 paras. 26A, 26B inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 17(3)

26B. E+W The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the licensing authority under paragraph 26A and shall lay before Parliament a copy of the statement and his report on it.]

Textual Amendments

F123 Sch. 2 paras. 26A, 26B inserted (23.5.2003) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 17(3)

27 E+W The Comptroller and Auditor General may inspect any records relating to the accounts.

28 E+W In paragraphs 23 and 24 above, “accounting year” means the period beginning with the day when the licensing authority is established and ending with the following 31st March, or any later period of twelve months ending with the 31st March.

Authentication of licensing authority’s seal E+W

29 E+W The application of the seal of the licensing authority shall be authenticated by the signature of the chairman of the authority or some other person authorised by the authority to act for that purpose and that of one other member.

Presumption of authenticity of documents issued by licensing authority E+W

30 E+W Any document purporting to be an instrument issued by the licensing authority and to be sealed in accordance with paragraph 29 above, or to be signed on behalf of the authority, shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.