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

64 Exemption from notice served under section 61(4)

(1) A person who is subject to a football banning order may—

(a) as respects a particular regulated football match; or

(b) as respects regulated football matches played during a period,

apply for an order disapplying any notice under section 61(4) served on the person in relation to the match or matches.

(2) Subject to subsection (3), an application under subsection (1) is to be made to the football banning orders authority.

(3) If the application is made during the control period in relation to any match to which it relates, the application may instead be made to the constable responsible for any police station.

(4) In subsection (3), “control period” is to be construed in accordance with section 62(2).

(5) An order under this section is to be made only if the applicant shows to the satisfaction of the person to whom the application for the order is made—

(a) that there are circumstances which justify the making of the order; and

(b) that, because of those circumstances, the applicant would not attend the match or matches.

(6) Except where subsection (7) applies, a constable is not to make an order under this section without referring the question of whether to do so to the football banning orders authority.

(7) This subsection applies where it is not reasonably practicable for the constable to refer the question to the authority.

(8) Where a constable makes an order under this section without referring the question of whether to do so to the football banning orders authority, the constable must give notice in writing of that fact to the football banning orders authority as soon as is reasonably practicable.