The Safety of Sports Grounds (Northern Ireland) Order 2006

Special procedure in case of serious risk: prohibition notices

9.—(1) If the council is 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 council may serve a notice (a “prohibition notice”) on such persons as are specified in paragraph (6).

(2) A prohibition notice shall—

(a) state that the council is of that opinion;

(b) specify the matters which in its 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 of a safety certificate under Part III 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 police officers unless the Chief Constable has consented to their inclusion and the extent of the provision of such services is reserved for his determination.

(6) A prohibition notice shall be served on the persons specified in the following sub-paragraphs in the circumstances specified in those sub-paragraphs—

(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—

(i) no safety certificate is in operation for the ground; or

(ii) for any reason it is not possible to serve notice as mentioned in sub-paragraph (a) or (b),

on the person who appears to the council 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 council to be responsible for organising an activity at the ground on that occasion;

(e) if a general safety certificate under Part III 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 under Part III 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—

(a) immediately it is served, if the council is of the opinion, and so states in the notice, that the risk to spectators is or, as the case may be, will be imminent;

(b) in any other case, at the end of a period specified in the notice.

(8) The council shall send a copy of any prohibition notice to the Chief Constable and the Fire Authority.

(9) The council which has served a prohibition notice may, in any case where it appears appropriate to it to do so, amend the prohibition notice by notice served on the persons specified in paragraph (6) (subject to the saving in that paragraph).

(10) The council shall send a copy of any notice under paragraph (9) to the Chief Constable and the Fire Authority.

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

(12) Where a notice has been served under paragraph (1) or (9) the council may withdraw the notice at any time.