Football Spectators Act 1989

Valid from 01/04/2005

National Membership Scheme E+W

Prospective

F1 2 Offences relating to unauthorised attendance at designated football matches. E+W

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Textual Amendments

F1 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)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

F1 3 The Football Membership Authority. E+W

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Textual Amendments

F1 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)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

F1 4 National membership scheme: making, approval, modification etc. E+W

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Textual Amendments

F1 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)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

F1 5 National membership scheme: contents and penalties. E+W

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Textual Amendments

F1 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)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

F1 6 Phased application of scheme. E+W

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Textual Amendments

F1 Ss. 2-7 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52(3), 66(2), Sch. 5; S.I. 2007/858, art. 2(k)(n)(v)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

7 Disqualification for membership of scheme. E+W

(1) Any person who is subject to [F2 the domestic football banning order] under section 30 of the M1 Public Order Act 1986 (exclusion from prescribed football matches) whenever made is disqualified from becoming or continuing to be a member of the national football membership scheme and while he is so subject he shall not be admitted as a member of the scheme or, if he is a member, his membership shall be withdrawn.

(2) Any person convicted of a relevant offence is disqualified from becoming or continuing to be a member of the national football membership scheme, and the following provisions of this section have effect in relation to such a person.

(3) The period during which a person’s disqualification under subsection (2) above continues shall be—

(a) in a case where he was sentenced to a period of imprisonment taking immediate effect, five years, and

(b) in any other case, two years,

beginning with the date of the conviction.

(4) During the period for which a person is disqualified he shall not be admitted as a member of the scheme or, if he is a member, his membership shall cease on the date of the conviction.

(5) The offences relevant for the purposes of subsection (2) above are those specified in Schedule 1 to this Act as relevant offences (with or, as the case may be, without a declaration of relevance).

(6) In the application of Schedule 1 to this Act for the purposes of this Part of this Act the references in that Schedule to designated football matches include in paragraphs (h), (i), (k) [F3 , (l) and (n) to (p)] references to football matches designated for the purposes of Part II of this Act.

(7) Where a court convicts a person of a relevant offence, then—

(a) the court—

(i) shall, except in the case of an offence under section 2(1) or 5(7) above, certify that the offence is a relevant offence, and

(ii) shall explain to him in ordinary language the effect of the conviction on his membership of the national football membership scheme; and

(b) the [F4 justices’ chief executive for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(i) shall (as soon as reasonably practicable) send to the Football Membership Authority and to the chief officer of police for the police area in which the offence was committed notice of the conviction and sentence and of the giving of any certificate that the offence is a relevant offence, and

(ii) shall give a copy of the notices to the person who was convicted of the offence.

(8) Where, on an appeal against a person’s conviction of the relevant offence or against a sentence of imprisonment imposed on him in dealing with him for the offence, his conviction is quashed or the sentence is reduced to one which is not a sentence of imprisonment taking immediate effect, the court which determines the appeal or, as the case may be, the court to which the case is remitted, shall cause notice of the quashing of the conviction or of the sentence imposed to be sent to the persons specified in subsection (7)(b)(i) and (ii) above and, where his conviction is quashed, the Authority shall re-admit him to membership of the scheme, but without prejudice to any proceedings under the scheme to exclude him from membership.

(9) A person in relation to whom a probation order was made under Part III of the M2 Powers of Criminal Courts Act 1973 shall, notwithstanding anything in section 13 of that Act (convictions to be disregarded for purposes of disqualification), be treated as having been convicted of the offence for the purposes of this section.

(10) In this section and Schedule 1 to this Act—

(a) [F5 “declaration of relevance”, in relation to an offence specified in paragraphs (f) to (l) and (n) to (p) of Schedule 1 to this Act, means the declaration specified in that paragraph;]

(b) “imprisonment” includes any form of detention (or, in the case of a person under twenty-one years of age sentenced to custody for life, custody); and

(c) the reference to a clerk of a magistrates’ court is to be construed in accordance with section 141 of the M3 Magistrates’ Courts Act 1980, reading references to that Act as references to this section.

Textual Amendments

F2 Words in s. 7(1) substituted (27.9.1999) by 1999 c. 21, ss. 6(2)(c), 12(2) (with s. 12(3))

F3 Words in s. 7(6) substituted (27.9.1999) by 1999 c. 21, ss. 2(4), 12(2) (with s. 12(3))

F4 Words in s. 7(7)(b) substituted (prosp.) by 1999 c. 22, ss. 90(1), 108, Sch. 13 para. 158

F5 Definition of

“declaration of relevance”

in s. 7(10) substituted (27.9.1999) by 1999 c. 21, ss. 2(5), 12(2) (with s. 12(3))

Marginal Citations

M1 1986 c. 64.

M2 1973 c. 62.

M3 1980 c. 43.

7 Disqualification for membership of scheme. E+W

(1) Any person who is subject to an exclusion order under section 30 of the M4 Public Order Act 1986 (exclusion from prescribed football matches) whenever made is disqualified from becoming or continuing to be a member of the national football membership scheme and while he is so subject he shall not be admitted as a member of the scheme or, if he is a member, his membership shall be withdrawn.

(2) Any person convicted of a relevant offence is disqualified from becoming or continuing to be a member of the national football membership scheme, and the following provisions of this section have effect in relation to such a person.

(3) The period during which a person’s disqualification under subsection (2) above continues shall be—

(a) in a case where he was sentenced to a period of imprisonment taking immediate effect, five years, and

(b) in any other case, two years,

beginning with the date of the conviction.

(4) During the period for which a person is disqualified he shall not be admitted as a member of the scheme or, if he is a member, his membership shall cease on the date of the conviction.

(5) The offences relevant for the purposes of subsection (2) above are those specified in Schedule 1 to this Act as relevant offences (with or, as the case may be, without a declaration of relevance).

(6) In the application of Schedule 1 to this Act for the purposes of this Part of this Act the references in that Schedule to designated football matches include in paragraphs (h), (i), (k) and (l) references to football matches designated for the purposes of Part II of this Act.

(7) Where a court convicts a person of a relevant offence, then—

(a) the court—

(i) shall, except in the case of an offence under section 2(1) or 5(7) above, certify that the offence is a relevant offence, and

(ii) shall explain to him in ordinary language the effect of the conviction on his membership of the national football membership scheme; and

(b) the clerk of the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(i) shall (as soon as reasonably practicable) send to the Football Membership Authority and to the chief officer of police for the police area in which the offence was committed notice of the conviction and sentence and of the giving of any certificate that the offence is a relevant offence, and

(ii) shall give a copy of the notices to the person who was convicted of the offence.

(8) Where, on an appeal against a person’s conviction of the relevant offence or against a sentence of imprisonment imposed on him in dealing with him for the offence, his conviction is quashed or the sentence is reduced to one which is not a sentence of imprisonment taking immediate effect, the court which determines the appeal or, as the case may be, the court to which the case is remitted, shall cause notice of the quashing of the conviction or of the sentence imposed to be sent to the persons specified in subsection (7)(b)(i) and (ii) above and, where his conviction is quashed, the Authority shall re-admit him to membership of the scheme, but without prejudice to any proceedings under the scheme to exclude him from membership.

(9) A person in relation to whom a probation order was made under Part III of the M5 Powers of Criminal Courts Act 1973 shall, notwithstanding anything in section 13 of that Act (convictions to be disregarded for purposes of disqualification), be treated as having been convicted of the offence for the purposes of this section.

(10) In this section and Schedule 1 to this Act—

(a) “declaration of relevance”, in relation to an offence, means a declaration that the offence related to football matches;

(b) “imprisonment” includes any form of detention (or, in the case of a person under twenty-one years of age sentenced to custody for life, custody); and

(c) the reference to a clerk of a magistrates’ court is to be construed in accordance with section 141 of the M6 Magistrates’ Courts Act 1980, reading references to that Act as references to this section.

Marginal Citations

M4 1986 c. 64.

M5 1973 c. 62.

M6 1980 c. 43.

7 Disqualification for membership of scheme. E+W

(1) Any person who is subject to [F6 the domestic football banning order] under section 30 of the M7 Public Order Act 1986 (exclusion from prescribed football matches) whenever made is disqualified from becoming or continuing to be a member of the national football membership scheme and while he is so subject he shall not be admitted as a member of the scheme or, if he is a member, his membership shall be withdrawn.

(2) Any person convicted of a relevant offence is disqualified from becoming or continuing to be a member of the national football membership scheme, and the following provisions of this section have effect in relation to such a person.

(3) The period during which a person’s disqualification under subsection (2) above continues shall be—

(a) in a case where he was sentenced to a period of imprisonment taking immediate effect, five years, and

(b) in any other case, two years,

beginning with the date of the conviction.

(4) During the period for which a person is disqualified he shall not be admitted as a member of the scheme or, if he is a member, his membership shall cease on the date of the conviction.

(5) The offences relevant for the purposes of subsection (2) above are those specified in Schedule 1 to this Act as relevant offences (with or, as the case may be, without a declaration of relevance).

(6) In the application of Schedule 1 to this Act for the purposes of this Part of this Act the references in that Schedule to designated football matches include in paragraphs (h), (i), (k) [F7 , (l) and (n) to (p)] references to football matches designated for the purposes of Part II of this Act.

(7) Where a court convicts a person of a relevant offence, then—

(a) the court—

(i) shall, except in the case of an offence under section 2(1) or 5(7) above, certify that the offence is a relevant offence, and

(ii) shall explain to him in ordinary language the effect of the conviction on his membership of the national football membership scheme; and

(b) the clerk of the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(i) shall (as soon as reasonably practicable) send to the Football Membership Authority and to the chief officer of police for the police area in which the offence was committed notice of the conviction and sentence and of the giving of any certificate that the offence is a relevant offence, and

(ii) shall give a copy of the notices to the person who was convicted of the offence.

(8) Where, on an appeal against a person’s conviction of the relevant offence or against a sentence of imprisonment imposed on him in dealing with him for the offence, his conviction is quashed or the sentence is reduced to one which is not a sentence of imprisonment taking immediate effect, the court which determines the appeal or, as the case may be, the court to which the case is remitted, shall cause notice of the quashing of the conviction or of the sentence imposed to be sent to the persons specified in subsection (7)(b)(i) and (ii) above and, where his conviction is quashed, the Authority shall re-admit him to membership of the scheme, but without prejudice to any proceedings under the scheme to exclude him from membership.

(9) A person in relation to whom a probation order was made under Part III of the M8 Powers of Criminal Courts Act 1973 shall, notwithstanding anything in section 13 of that Act (convictions to be disregarded for purposes of disqualification), be treated as having been convicted of the offence for the purposes of this section.

(10) In this section and Schedule 1 to this Act—

(a) [F8 “declaration of relevance”, in relation to an offence specified in paragraphs (f) to (l) and (n) to (p) of Schedule 1 to this Act, means the declaration specified in that paragraph;]

(b) “imprisonment” includes any form of detention (or, in the case of a person under twenty-one years of age sentenced to custody for life, custody); and

(c) the reference to a clerk of a magistrates’ court is to be construed in accordance with section 141 of the M9 Magistrates’ Courts Act 1980, reading references to that Act as references to this section.

Textual Amendments

F6 Words in s. 7(1) substituted (27.9.1999) by 1999 c. 21, ss. 6(2)(c), 12(2) (with s. 12(3))

F7 Words in s. 7(6) substituted (27.9.1999) by 1999 c. 21, ss. 2(4), 12(2) (with s. 12(3))

F8 Definition of

“declaration of relevance”

in s. 7(10) substituted (27.9.1999) by 1999 c. 21, ss. 2(5), 12(2) (with s. 12(3))

Marginal Citations

M7 1986 c. 64.

M8 1973 c. 62.

M9 1980 c. 43.