Search Legislation

Police, Public Order and Criminal Justice (Scotland) Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Police, Public Order and Criminal Justice (Scotland) Act 2006, Section 52. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

52Making of order on application to the sheriffS
This section has no associated Explanatory Notes

(1)The chief constable of [F1the Police Service of Scotland] may apply for a football banning order against any person—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An application under subsection (1) may be made to any sheriff—

(a)in whose sheriffdom the person against whom the order is sought resides;

(b)in whose sheriffdom that person is believed by the applicant to be; or

(c)to whose sheriffdom that person is believed by the applicant to be intending to come.

(3)An application under subsection (1) is to be made by summary application.

(4)A sheriff may make a football banning order if satisfied that—

(a)the person against whom the order is sought has at any time contributed to any violence or disorder in the United Kingdom or elsewhere; and

(b)there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with any football matches.

(5)Subsections (6) and (8) apply where a sheriff is determining whether to make a football banning order against a person.

(6)The sheriff may take into account the matters mentioned in subsection (7) (amongst others), so far as considering it appropriate to do so.

(7)Those matters are—

(a)any decision of a court or tribunal outside the United Kingdom in respect of the person;

(b)the person's deportation or exclusion from a country or territory outside the United Kingdom;

(c)the person's removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere;

(d)the person's conduct recorded on video or by any other means.

(8)The sheriff may not take into account anything done by the person before the beginning of the relevant period, except circumstances ancillary to a conviction.

(9)In subsection (8)—

  • the relevant period” means the period of 10 years ending with the day on which the application for the order was made; and

  • circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the Rehabilitation of Offenders Act 1974 (c. 53).

(10)Subsection (8) does not prejudice anything in the Rehabilitation of Offenders Act 1974 (c. 53).

(11)On making a football banning order, the sheriff must explain to the person (if present in court) in ordinary language the effect of the order.

(12)But failure to comply with subsection (11) does not affect the order's validity.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 52(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(12)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2S. 52(1)(a)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(12)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources