Fire Safety and Safety of Places of Sport Act 1987

23 Special procedure in case of serious risk: prohibition notices. E+W+S

(1) For section 10 of the principal Act (emergency procedure by magistrates’ court order), there shall be substituted the following section—

“10 Special procedure in case of serious risk: prohibition notices.

(1) If the local authority are of the opinion that the admission of spectators to a sports ground or any part of a sports ground involves or will involve a risk to them so serious that, until steps have been taken to reduce it to a reasonable level, admission of spectators to the ground or that part of the ground ought to be prohibited or restricted, the authority may serve a notice (in this Act referred to as a “prohibition notice”) on such persons as are specified in subsection (6) below.

(2) A prohibition notice shall—

(a) state that the local authority are of that opinion;

(b) specify the matters which in their opinion give or, as the case may be, will give rise to that risk; and

(c) direct that no, or no more than a specified number of, spectators shall be admitted to, or to a specified part of, the sports ground until the specified matters have been remedied.

(3) A prohibition notice may prohibit or restrict the admission of spectators generally or on a specified occasion.

(4) A prohibition notice may include directions as to the steps which will have to be taken to reduce the risk to a reasonable level and these may require alterations or additions to the ground or things to be done or omitted which would contravene the terms or conditions of a safety certificate for the ground or for any stand at the ground.

(5) No prohibition notice shall include directions compliance with which would require the provision of the services at the sports ground of any members of a police force unless the chief officer of police of the force has consented to their inclusion and the extent of the provision of their services is reserved for his determination.

(6) A prohibition notice shall be served on the persons specified in the following paragraphs in the circumstances specified in those paragraphs, that is to say—

(a) if a general safety certificate is in operation for the ground, on the holder of it;

(b) if the prohibition or restriction applies to an occasion in respect of which a special safety certificate for the ground is in operation, on the holder of it;

(c) if no safety certificate is in operation for the ground, on the person who appears to the local authority to be responsible for the management of the ground;

(d) if the prohibition or restriction applies to an occasion and no safety certificate is in operation for the ground, on each person who appears to the local authority to be responsible for organising an activity at the ground on that ooccasion;

(e) if a general safety certificate is in operation for a stand at the ground, on the holder of it;

(f) if the prohibition or restriction applies to an occasion in respect of which a special safety certificate for a stand at the ground is in operation, on the holder of it;

but the validity of a prohibition notice served on any person under any of the foregoing provisions shall not be affected by a failure to serve another person required to be served with such a notice under those provisions.

(7) A prohibition or restriction contained in a prohibition notice shall take effect immediately it is served if the authority are of the opinion, and so state in the notice, that the risk to spectators is or, as the case may be, will be imminent, and in any other case shall take effect at the end of a period specified in the notice.

(8) A copy of any prohibition notice shall be sent by the local authority to each of the following, namely—

(a) the chief officer of police; and

(b) where the local authority is in Greater London or a metropolitan county, the fire authority, or, in any other case, the building authority.

(9) The local authority who have served a prohibition notice may, in any case where it appears appropriate to them to do so, amend the prohibition notice by notice served on the persons specified in subsection (6) above (subject to the saving in that subsection), and copies shall be sent to the officer and authorities specified in subsection (8) above.

(10) A notice under subsection (9) above amending a prohibition notice shall specify the date on which the amendment is to come into operation.

(11) Where a notice has been served under subsection (1) or (9) above the local authority may withdraw the notice at any time.”

(2) In consequence of those amendments section 12 of the principal Act (offences) shall be amended as follows—

(a) in subsection (1)(d) (contravention of certificate terms), after the word “contravened” there shall be inserted the words “ otherwise than in pursuance of a prohibition notice ”;

(b) in subsection (1)(e) (admission of spectators in contravention of section 10 order), for the words “an order” there shall be substituted the words “ a prohibition notice ”; and

(c) in subsection (4) (due diligence defence) for the word “order” there shall be substituted the words “ prohibition notice ”.

(3) In section 17(1) (definitions)—

(a) after the definition of “qualified person” there shall be inserted the following—

““prohibition notice” has the meaning assigned to it by section 10(1);”, and

(b) in the definition of “safety certificate”, after the word “certificate” there shall be inserted the words “ , except with reference to a stand at a sports ground, ” and at the end there shall be inserted the words “ and, where it refers to a stand, means a safety certificate (whether general or special) under Part III of the Fire Safety and Safety of Places of Sport Act 1987 ”.