The Football Spectators (Prescription) Order 2004

Statutory Instruments

2004 No. 2409

SPORTS GROUNDS AND SPORTING EVENTS, ENGLAND AND WALES

The Football Spectators (Prescription) Order 2004

Made

13th September 2004

Laid before Parliament

20th September 2004

Coming into force

11th October 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 14(2) and 18(1) and (2), (having regard to the definition of “prescribed” in section 22A(1)) of the Football Spectators Act 1989(1), and section 3(1)(a) of the Football (Disorder) Act 2000(2) hereby makes the following Order:

1.—(1) This Order may be cited as the Football Spectators (Prescription) Order 2004 and shall come into force on 11^th October 2004.

(2) References in this Order to the “1989 Act” mean the Football Spectators Act 1989.

2.  The Football Spectators (Prescription) Order 2000(3) is hereby revoked.

3.—(1) An association football match (in England and Wales) described in paragraph (2) shall be a regulated football match for the purposes of Part II of the 1989 Act.

(2) A regulated match is an association football match in which one or both of the participating teams represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales, or represents a country or territory.

4.—(1) An association football match (outside England and Wales) described in paragraph (2) shall be a regulated football match for the purposes of Part II of the 1989 Act.

(2) A regulated match is an association football match involving–

(a) a national team appointed by the Football Association to represent England or the Football Association of Wales to represent Wales; or

(b) a team representing a club which is, at the time the match is played, a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales.

5.  The organisation established under section 57 of the Police Act 1996(4) known as the Football Banning Orders Authority is hereby prescribed as the enforcing authority for the purposes of Part II of the 1989 Act.

6.  The Chief Executive of the Football Association Limited shall be a prescribed person for the purposes of section 18(1) and (2) of the 1989 Act.

Caroline Flint

Parliamentary Under Secretary of State

Home Office

13th September 2004

Explanatory Note

(This note is not part of the Order)

This Order prescribes the football matches that are regulated football matches for the purposes of the Football Spectators Act 1989 (the “1989 Act”).

Matches prescribed by the Football Spectators (Prescription) Order 2000, which this Order revokes, did not include matches involving Football Conference members which were not played on grounds designated under the Safety of Sports Grounds Act 1975, nor matches involving teams from the League of Wales.

Article 3(2) prescribes the football matches in England and Wales which are regulated football matches for the purposes of Part II of the 1989 Act. These are association football matches in which one or both participating teams represent a club which is a member of the Football League, Football Association Premier League, Football Conference or League of Wales, or represents a country or territory.

Article 4(2) prescribes the football matches outside England and Wales which are regulated football matches for the purposes of Part II of the 1989 Act. These are association football matches involving a national team, or a team representing a club which is a member of the Football League, Football Association Premier League, Football Conference or League of Wales.

The effect of a banning order is to prohibit attendance at the matches described in Article 3(2) and to report to a police station when required to do so on the occasion of matches described in Article 4(2). The description of matches set out in Articles 3(2) and 4(2) will also be relevant for the purposes of the offences set out in Schedule 1 to the 1989 Act.

Article 5 prescribes the Football Banning Orders Authority as the enforcing authority for the purposes of Part II of the 1989 Act. That authority has the functions set out in sections 19 to 21 of the Act.

Article 6 prescribes the Chief Executive of the Football Association Limited as a person to whom a banning order and an order terminating a banning order must be copied.

(1)

1989 c. 64; sections 14(2), 18(1) and (2) and 22A(1) were, respectively, substituted, amended and inserted by the Football (Disorder) Act 2000 (c. 25).

(2)

2000 c. 25.

(3)

S.I. 2000/2126.

(4)

1996 c. 33.