The Football Spectators (Seating) Order 2021

Statutory Instruments

2021 No. 1239

Sports Grounds And Sporting Events, England And Wales

The Football Spectators (Seating) Order 2021

Made

4th November 2021

Laid before Parliament

8th November 2021

Coming into force

7th December 2021

The Secretary of State makes the following Order in exercise of the powers conferred by section 11 of the Football Spectators Act 1989(1), having consulted the Sports Grounds Safety Authority in accordance with section 11(4) of that Act.

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Football Spectators (Seating) Order 2021 and comes into force on 7th December 2021.

(2) This Order extends to England and Wales.

(3) In this Order—

(a) a “seat incorporating a barrier” is a seat that incorporates a barrier into its construction which limits the forward movement of spectators while allowing their lateral movement;

(b) a “seat with an independent barrier” is a seat located directly behind a barrier which does not form part of the seat and which limits the forward movement of spectators while allowing their lateral movement.

Direction

2.  The Secretary of State directs the Sports Grounds Safety Authority to include a condition imposing the requirements as respects the seating of spectators at designated football matches(2) specified in Schedule 1 in any licence to admit spectators(3) to the premises specified in Schedule 2.

Consequential amendments and revocation

3.—(1) In the Football Spectators (Seating) Order 1994(4), in the table in Schedule 1—

(a) in column 2 (name of football club), omit the entry for “Chelsea” and the corresponding entry in column 1 (address of premises);

(b) in column 2, omit the entry for “Manchester United” and the corresponding entry in column 1;

(c) in column 2 omit the entry for “Tottenham Hotspur” and the corresponding entry in column 1.

(2) In the Football Spectators (Seating) (No. 2) Order 2003(5), in the table in Schedule 1, in column 2 (name of football club), omit the entry for “Manchester City Football Club” and the corresponding entry in column 1 (address of premises).

(3) The Football Spectators (Seating) Order 2009(6) is revoked.

Review

4.—(1) The Secretary of State must, from time to time—

(a) carry out a review of the regulatory provision contained in this Order; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 7th December 2026.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(7) requires that a report published under this article must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Nigel Huddleston

Parliamentary Under Secretary of State

Department for Digital, Culture, Media and Sport

4th November 2021

Article 2

SCHEDULE 1 Requirements to be imposed

1.  Only seated accommodation is to be provided for spectators at a designated football match, except in areas of the premises where there are seats incorporating a barrier or seats with an independent barrier.

2.  Spectators are only to be admitted to watch a designated football match from seated accommodation, except where they are admitted to watch the designated football match from areas of the premises where there are seats incorporating a barrier or seats with an independent barrier.

Article 2

SCHEDULE 2 Premises in respect of which a condition imposing requirements as respects the seating of spectators at football matches must be imposed

Address of the premises	Football club of which the premises are the home ground
Cardiff City Stadium Leckwith Road Cardiff CF11 8AZ	Cardiff City Football Club
Stamford Bridge Fulham Road London SW6 1HS	Chelsea Football Club
Etihad Stadium Eastlands Manchester M11 3FF	Manchester City Football Club
Old Trafford Sir Matt Busby Way Manchester M16 0RA	Manchester United Football Club
Tottenham Hotspur Stadium 748 High Road Tottenham London N17 0BX	Tottenham Hotspur Football Club

EXPLANATORY NOTE

(This note is not part of the Order)

This Order directs the Sports Grounds Safety Authority to include in any licence to admit spectators (as defined in section 1(7) of the Football Spectators Act 1989 (c. 37)) to the premises listed in Schedule 2, a condition imposing the requirements specified in Schedule 1 as respects the seating of spectators at designated football matches at those premises. “Designated football matches” are those association football matches designated by the Secretary of State, under powers conferred by section 1(2) of that Act.

This Order replaces conditions as respects the seating of spectators at designated football matches previously imposed in relation to those premises. It makes consequential amendments to the Football Spectators (Seating) Order 1994 (S.I. 1994/1666) and the Football Spectators (Seating) (No. 2) Order 2003 (S.I. 2003/1541) and revokes the Football Spectators (Seating) Order 2009 (S.I. 2009/1395).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

1989 c. 37. Section 1(6A) defines “the licensing authority” as the Sports Grounds Safety Authority. Section 1(6A) was inserted by paragraph 7(1) of Schedule 2 to the Sports Grounds Safety Authority Act 2011 (c. 6).

(2)

For the meaning of “designated football match” see section 1(2) of the Football Spectators Act 1989 and article 2 of S.I. 2000/3331.

(3)

“Licence to admit spectators” is defined in section 1(7) of the Football Spectators Act 1989.

(4)

S.I. 1994/1666.

(5)

S.I. 2003/1541.

(6)

S.I. 2009/1395. This Order makes provision only in relation to Cardiff City Football Club.

(7)

2015 c. 26.