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Football Spectators Act 1989

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SCHEDULES

[F1SCHEDULE 1E+W Offences

Textual Amendments

1E+WThis Schedule applies to the following offences:

(a)any offence under section F2..., 14J(1) [F3, 19(6), 20(10)] or 21C(2) of this Act [F4or section 68(1) or (5) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 by virtue of section 106 of the Policing and Crime Act 2009],

(b)any offence under section 2 or 2A of the M1Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground,

(c)any offence under section [F54,] [F64A or] 5 of the M2Public Order Act 1986 ([F7fear or provocation of violence, or] harassment, alarm or distress) or any provision of [F8Part 3 or 3A] of that Act [F9(hatred by reference to race etc)] committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(d)any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(e)any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(f)any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(g)any offence under section 12 of the M3Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(h)any offence under section 91(1) of the M4Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(j)any offence under section 1 of the M5Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(k)any offence under section [F104,] [F114A or] 5 of the M6Public Order Act 1986 ([F12fear or provocation of violence, or] harassment, alarm or distress) or any provision of [F13Part 3 or 3A] of that Act [F14(hatred by reference to race etc)] committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(l)any offence under section 4 [F15, 5 or 5A] of the M7Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit [F16or with a concentration of a specified controlled drug above the specified limit]) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(m)any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(n)any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(o)any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(p)any offence under the M8Football (Offences) Act 1991,

(q)any offence under section [F174,] [F184A or] 5 of the M9Public Order Act 1986 ([F19fear or provocation of violence, or] harassment, alarm or distress) F20...—

(i)which does not fall within paragraph (c) or (k) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(r)any offence involving the use or threat of violence by the accused towards another person—

(i)which does not fall within paragraph (d) or (m) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(s)any offence involving the use or threat of violence towards property—

(i)which does not fall within paragraph (e) or (n) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(t)any offence involving the use, carrying or possession of an offensive weapon or a firearm—

(i)which does not fall within paragraph (f) or (o) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(u)any offence under section 166 of the M10Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

[F21(v)any offence under any provision of Part 3 or 3A of the Public Order Act 1986 (hatred by reference to race etc)—

(i)which does not fall within paragraph (c) or (k), and

(ii)as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,

(w)any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,

(x)any offence under section 1 of the Malicious Communications Act 1988 (offence of sending letter, electronic communication or article with intent to cause distress or anxiety)—

(i)which does not fall within paragraph (d), (e), (m), (n), (r) or (s),

(ii)as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and

(iii)as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation,

(y)any offence under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network)—

(i)which does not fall within paragraph (d), (e), (m), (n), (r) or (s),

(ii)as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and

(iii)as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.]

[F22(z)any offence under section 179 (false communications) or 181 (threatening communications) of the Online Safety Act 2023—

(i)which does not fall within paragraph (d), (e), (m), (n), (r) or (s),

(ii)as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and

(iii)as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.]

[F23(z)any offence under section 4(3) or 5 of the Misuse of Drugs Act 1971 (supply or possession etc. of controlled substances) committed by the accused in relation to a Class A drug, as defined in section 2(1)(b) of that Act, at any football match to which this Schedule applies or while entering or trying to enter the ground.]

Textual Amendments

F2Words in Sch. 1 para. 1(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F3Words in Sch. 1 para. 1(a) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 107(a), 116(1); S.I. 2010/507, art. 5(o)

F4Words in Sch. 1 para. 1(a) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 107(b), 116(1); S.I. 2010/507, art. 5(o)

F5Word in Sch. 1 para. 1(c) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(3)(a), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F7Words in Sch. 1 para. 1(c) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(3)(b), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F10Word in Sch. 1 para. 1(k) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(4)(a), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F12Words in Sch. 1 para. 1(k) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(4)(b), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F15Words in Sch. 1 para. 1(1) substituted (2.3.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 15(a); S.I. 2014/3268, art. 2

F16Words in Sch. 1 para. 1(1) inserted (2.3.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 15(b); S.I. 2014/3268, art. 2

F17Word in Sch. 1 para. 1(q) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(5)(a), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F19Words in Sch. 1 para. 1(q) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(5)(b), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F20Words in Sch. 1 para. 1(q) omitted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(5)(c), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F21Sch. 1 para. 1(v)-(y) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(6), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F22Sch. 1 para. 1(z) inserted after Sch. 1 para. 1(y) (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 1; S.I. 2024/31, reg. 2

Marginal Citations

2E+WAny reference to an offence in paragraph 1 above includes—

(a)a reference to any attempt, conspiracy or incitement to commit that offence, and

(b)a reference to aiding and abetting, counselling or procuring the commission of that offence.

Modifications etc. (not altering text)

3E+WFor the purposes of paragraphs 1(g) to (o) above—

(a)a person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and

(b)a person’s journey includes breaks (including overnight breaks).

4[F24(1)]In this Schedule, “football match” means a match which is a regulated football match for the purposes of Part II of this Act.E+W

[F25(1A)In this Schedule “football organisation” means an organisation which is a regulated football organisation for the purposes of Part 2 of this Act.]

[F26(2)For the purposes of this Schedule each of the following periods is “relevant to” a football match to which this Schedule applies—

(a)in the case of a match which takes place on the day on which it is advertised to take place, the period—

(i)beginning 24 hours before whichever is the earlier of the start of the match and the time at which it was advertised to start; and

(ii)ending 24 hours after it ends;

(b)in the case of a match which does not take place on the day on which it was advertised to take place, the period—

(i)beginning 24 hours before the time at which it was advertised to start on that day; and

(ii)ending 24 hours after that time.]

[F27(3)The provision that may be made by an order made by the Secretary of State for the purposes of this Schedule includes provision that a person has a prescribed connection with a football organisation where—

(a)the person has had a connection of a prescribed kind with a football organisation in the past, or

(b)the person will or may have a connection of a prescribed kind with a football organisation in the future.]]

Textual Amendments

F24Sch. 1 para. 4 renumbered as Sch. 1 para. 4(1) (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(7)(a), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F25Sch. 1 para. 4(1A) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(7)(b), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F27Sch. 1 para. 4(3) inserted (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(7)(c), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

Section 8.

F28SCHEDULE 2U.K. The Football Licensing Authority: Supplementary Provisions

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