Sports Grounds Safety Authority Act 2011

SCHEDULES

Section 1

SCHEDULE 1 E+W The Sports Grounds Safety Authority

Status and capacity E+W

1 (1) The Authority is a body corporate. E+W

(2) The Authority is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown;

and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) The Authority may do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Membership E+W

2 E+W The Authority is to consist of—

(a) a person appointed by the Secretary of State to chair the Authority, and

(b) at least 4 but not more than 8 other members appointed by the Secretary of State.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Appointment and tenure of members E+W

3 (1) Before appointing a person to be a member of the Authority, the Secretary of State must be satisfied that the person will have no such financial or other interest as is likely to affect prejudicially the performance of the person's functions as a member. E+W

(2) From time to time the Secretary of State must check that each member has no such interest.

Commencement Information

I3 Sch. 1 para. 3 in force at 1.11.2011 by S.I. 2011/2597, art. 2

4 E+W A person who is, or whom the Secretary of State proposes to appoint to be, a member of the Authority must, whenever requested by the Secretary of State to do so, supply the Secretary of State with such information as the Secretary of State considers necessary for the performance of the duties under paragraph 3.

Commencement Information

I4 Sch. 1 para. 4 in force at 1.11.2011 by S.I. 2011/2597, art. 2

5 E+W Subject to the following provisions of this Schedule, a person appointed under paragraph 2 holds and vacates office in accordance with the terms of the appointment.

Commencement Information

I5 Sch. 1 para. 5 in force at 1.11.2011 by S.I. 2011/2597, art. 2

6 E+W A person is not to be appointed as a member of the Authority for more than 3 years at a time.

Commencement Information

I6 Sch. 1 para. 6 in force at 1.11.2011 by S.I. 2011/2597, art. 2

7 E+W A person may at any time resign office—

(a) as chair of the Authority, or

(b) as a member of the Authority,

by giving the Secretary of State signed notice in writing.

Commencement Information

I7 Sch. 1 para. 7 in force at 1.11.2011 by S.I. 2011/2597, art. 2

8 E+W Where a member begins or ceases to hold office as chair of the Authority, the Secretary of State may vary the terms of the person's appointment as a member of the Authority so as to alter the date on which the person is to vacate office as a member.

Commencement Information

I8 Sch. 1 para. 8 in force at 1.11.2011 by S.I. 2011/2597, art. 2

9 (1) The Secretary of State may declare a person's office as a member of the Authority vacant if satisfied that the person— E+W

(a) has been absent from meetings of the Authority for a period longer than 3 consecutive months without the permission of the Authority,

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

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

and on making such a declaration the office becomes vacant.

(2) A declaration under sub-paragraph (1) may be notified in such manner as the Secretary of State thinks fit.

Commencement Information

I9 Sch. 1 para. 9 in force at 1.11.2011 by S.I. 2011/2597, art. 2

10 E+W A person who ceases to be a member or to hold office as chair of the Authority is eligible for re-appointment.

Commencement Information

I10 Sch. 1 para. 10 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Remuneration and pensions of members E+W

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

Commencement Information

I11 Sch. 1 para. 11 in force at 1.11.2011 by S.I. 2011/2597, art. 2

12 E+W The 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.

Commencement Information

I12 Sch. 1 para. 12 in force at 1.11.2011 by S.I. 2011/2597, art. 2

13 (1) Sub-paragraph (2) applies if— E+W

(a) a person ceases to be a member otherwise than on the expiry of the term of office, and

(b) it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.

(2) The Authority may make to the person a payment of such amount as the Secretary of State may determine.

Commencement Information

I13 Sch. 1 para. 13 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Proceedings E+W

14 E+W The quorum of the Authority and the arrangements relating to its meetings are to be such as the Authority may determine.

Commencement Information

I14 Sch. 1 para. 14 in force at 1.11.2011 by S.I. 2011/2597, art. 2

15 (1) This paragraph applies if a member of the Authority is in any way directly or indirectly interested in any matter which falls to be considered by the Authority. E+W

(2) The member—

(a) must disclose the nature of the interest at a meeting of the Authority, and

(b) must not take part after the disclosure in any deliberation or decision with respect to the matter.

(3) The disclosure must be recorded in the minutes of the meeting.

Commencement Information

I15 Sch. 1 para. 15 in force at 1.11.2011 by S.I. 2011/2597, art. 2

16 E+W The validity of any proceedings of the Authority is not affected by—

(a) a vacancy among the members,

(b) a defect in the appointment of a member, or

(c) a failure to comply with paragraph 15.

Commencement Information

I16 Sch. 1 para. 16 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Inspectors, officers and other employees E+W

17 E+W The Authority may appoint inspectors to perform such functions as are assigned to them by or under Part 1 of the Football Spectators Act 1989 or any other enactment.

Commencement Information

I17 Sch. 1 para. 17 in force at 1.11.2011 by S.I. 2011/2597, art. 2

18 E+W The Authority may appoint a secretary and such other officers, and take into its employment such other persons, as it may determine.

Commencement Information

I18 Sch. 1 para. 18 in force at 1.11.2011 by S.I. 2011/2597, art. 2

19 E+W The terms and conditions of appointments under paragraphs 17 and 18 require the approval of the Secretary of State.

Commencement Information

I19 Sch. 1 para. 19 in force at 1.11.2011 by S.I. 2011/2597, art. 2

20 E+W The Authority must, as regards such of its inspectors, officers and other employees as with the approval of the Secretary of State it may determine—

(a) 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

(b) provide and maintain for them such pension schemes (whether contributory or not),

as may be so determined.

Commencement Information

I20 Sch. 1 para. 20 in force at 1.11.2011 by S.I. 2011/2597, art. 2

21 (1) Sub-paragraph (2) applies if an inspector, officer or other employee of the Authority— E+W

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

(b) becomes a member of the Authority.

(2) If the Secretary of State so determines, the member may be treated for the purposes of the pension scheme as if service as a member of the Authority were service as an employee of the Authority.

(3) For the purposes of sub-paragraph (2), it does not matter whether any payments are to be made to or in respect of the member by virtue of paragraph 11 or 12.

Commencement Information

I21 Sch. 1 para. 21 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Accounts and audit E+W

22 E+W The Authority—

(a) must keep proper accounts and proper records in relation to the accounts, and

(b) must 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.

Commencement Information

I22 Sch. 1 para. 22 in force at 1.11.2011 by S.I. 2011/2597, art. 2

23 E+W The Authority must send a copy of the statement of accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the accounting year to which the statement relates.

Commencement Information

I23 Sch. 1 para. 23 in force at 1.11.2011 by S.I. 2011/2597, art. 2

24 E+W The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts sent under paragraph 23, and

(b) lay before Parliament a copy of the statement and the Comptroller and Auditor General's report on it.

Commencement Information

I24 Sch. 1 para. 24 in force at 1.11.2011 by S.I. 2011/2597, art. 2

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

Commencement Information

I25 Sch. 1 para. 25 in force at 1.11.2011 by S.I. 2011/2597, art. 2

26 E+W In paragraphs 22 and 23, “accounting year” means any period of 12 months ending with 31 March.

Commencement Information

I26 Sch. 1 para. 26 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Authentication of Authority's seal E+W

27 E+W The application of the seal of the Authority is authenticated by the signatures of—

(a) the person chairing the Authority or some other person authorised by the Authority to act for that purpose, and

(b) one other member.

Commencement Information

I27 Sch. 1 para. 27 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Presumption of authenticity of documents issued by Authority E+W

28 E+W Any document purporting to be an instrument issued by the Authority and to be sealed in accordance with paragraph 27, or to be signed on behalf of the Authority, is to be received in evidence and treated as such an instrument without further proof unless the contrary is shown.

Commencement Information

I28 Sch. 1 para. 28 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Section 6

SCHEDULE 2 E+W Consequential amendments

Parliamentary Commissioner Act 1967 (c. 13) E+W

1 E+W In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ Sports Grounds Safety Authority. ”

Commencement Information

I29 Sch. 2 para. 1 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Superannuation Act 1972 (c. 11) E+W

2 E+W In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1), for “Football Licensing Authority” (in both places) substitute “ Sports Grounds Safety Authority ”.

Commencement Information

I30 Sch. 2 para. 2 in force at 1.11.2011 by S.I. 2011/2597, art. 2

House of Commons Disqualification Act 1975 (c. 24) E+W

3 E+W In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), omit the entry relating to the Chairman of the Football Licensing Authority and insert at the appropriate place— “ Person appointed to chair the Sports Grounds Safety Authority. ”

Commencement Information

I31 Sch. 2 para. 3 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Northern Ireland Assembly Disqualification Act 1975 (c. 25) E+W

4 E+W In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ”

Commencement Information

I32 Sch. 2 para. 4 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Safety of Sports Grounds Act 1975 (c. 52) E+W

5 E+W In section 5(3) of the Safety of Sports Grounds Act 1975 (appeals against terms and conditions of safety certificates), for “Football Licensing Authority” substitute “ Sports Grounds Safety Authority ”.

Commencement Information

I33 Sch. 2 para. 5 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Race Relations Act 1976 (c. 74) E+W

6 E+W In Part 5 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons added on 3 October 2006)—

(a) omit the entry relating to the Football Licensing Authority, and

(b) after the entry relating to the Pensions Regulator insert— “ The Sports Grounds Safety Authority. ”

Commencement Information

I34 Sch. 2 para. 6 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Football Spectators Act 1989 (c. 37) E+W

7 (1) In section 1 of the Football Spectators Act 1989 (interpretation etc.), after subsection (6) insert— E+W

“(6A) In this Part “the licensing authority” means the Sports Grounds Safety Authority (see Part 1 of the Sports Grounds Safety Authority Act 2011).”

(2) Omit—

(a) section 8,

(b) in section 27(6), “, except paragraph 14 of Schedule 2,” and

(c) Schedule 2.

Commencement Information

I35 Sch. 2 para. 7 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Freedom of Information Act 2000 (c. 36) E+W

8 E+W In Schedule 1 to the Freedom of Information Act 2000 (bodies etc. which are “public authorities” for the purposes of the Act), in Part 6, omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ”

Commencement Information

I36 Sch. 2 para. 8 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Regulatory Enforcement and Sanctions Act 2008 (c. 13) E+W

9 E+W In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 (designated regulators), omit the entry relating to the Football Licensing Authority and insert at the appropriate place— “ The Sports Grounds Safety Authority. ”

Commencement Information

I37 Sch. 2 para. 9 in force at 1.11.2011 by S.I. 2011/2597, art. 2

General E+W

10 E+W Any reference in any other enactment or in any instrument or document to the Football Licensing Authority is to be read, in relation to any time after the commencement of section 1, as a reference to the Sports Grounds Safety Authority.

Commencement Information

I38 Sch. 2 para. 10 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Section 6

SCHEDULE 3 E+W Repeals and revocations

Commencement Information

I39 Sch. 3 in force at 1.11.2011 by S.I. 2011/2597, art. 2

Short title and chapter	Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entry relating to the Football Licensing Authority.
House of Commons Disqualification Act 1975 (c. 24)	In Schedule 1, in Part 3, the entry relating to the Chairman of the Football Licensing Authority.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Schedule 1, in Part 2, the entry relating to the Football Licensing Authority.
Race Relations Act 1976 (c. 74)	In Part 5 of Schedule 1A, the entry relating to the Football Licensing Authority.
Football Spectators Act 1989 (c. 37)	Section 8.
	In section 27(6), “, except paragraph 14 of Schedule 2,”.
	Schedule 2.
Freedom of Information Act 2000 (c. 36)	In Schedule 1, in Part 6, the entry relating to the Football Licensing Authority.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)	In Schedule 5, the entry relating to the Football Licensing Authority.
Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326)	Article 17.