Football Spectators Act 1989

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.

(3) The Secretary of State shall not make a designation under subsection (2) above without giving the Football Membership Authority an opportunity to make representations about the proposed designation, and taking any representations he receives into account.

(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

(b) may provide, in relation to the match or description of match designated by the order or any description of match falling within the designation, that spectators admitted to the ground shall be authorised spectators to the extent, and subject to any restrictions or conditions, determined in pursuance of the order by the licensing authority under this Part of this Act.

(5) The “national football membership scheme” (or “the scheme”) means the scheme made and approved and for the time being in force under section 4 below for the purpose of restricting the generality of spectators attending designated football matches to persons who are members of the scheme.

(6) A person is, in relation to any designated football match, an “authorised spectator” if—

(a) he is a member of the national football membership scheme or is otherwise authorised by the scheme to attend the match; or

(b) he is an authorised spectator by virtue of subsection (4)(b) above,

and a person is not to be treated as a “spectator” in relation to such a 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.

[F1 (8A) In its application to an offence specified in paragraph [F2 1(q), (r), (s) or (t)] of Schedule 1 to this Act, subsection (8) above shall have effect as if—

(a) the reference to a designated football match included a reference to a [F3 regulated football matches (within the meaning] of Part II of this Act,

(b) for “two hours”, wherever occurring, there were substituted “24 hours”,

(c) for “one hour”, wherever occurring, there were substituted “24 hours”, and

(d) paragraph (a)(iii) were omitted.]

(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(8A) inserted (27.9.1999) by 1999 c. 21, ss. 2(3), 12(5) (with s. 12(3))

F2 Words in s. 1(8A) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 12(a); S.I. 2000/2125, art. 2

F3 Words in s. 1(8A) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 12(b); S.I. 2000/2125, art. 2