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Football Spectators Act 1989

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Football Spectators Act 1989

1989 CHAPTER 37

An Act to control the admission of spectators at designated football matches in England and Wales by means of a national membership scheme and licences to admit spectators; to provide for the safety of spectators at such matches by means of such licences and the conferment of functions on the licensing authority in relation to safety certificates for grounds at which such matches are played; and to provide for the making by courts and the enforcement of orders imposing restrictions on persons convicted of certain offences for the purpose of preventing violence or disorder at or in connection with designated football matches played outside England and Wales.

[16th November 1989]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IE+W+S+N.I. Football Matches in England and Wales

PreliminaryE+W

1 Scope and interpretation of this Part.E+W

(1)This Part of this Act applies in relation to association football matches played in England and Wales which are designated football matches and the following provisions have effect for its interpretation.

(2)Designated football match” means any such match of a description for the time being designated for the purposes of this Part by order made by the Secretary of State or a particular such match so designated.

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An order under subsection (2) above—

(a)may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order; and

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

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(6)A person is not to be regarded as a “spectator” in relation to a designated football match if the principal purpose of his being on the premises is to provide services in connection with the match, or to report on it.]

[F5(6A)In this Part “the licensing authority” means the Sports Grounds Safety Authority (see Part 1 of the Sports Grounds Safety Authority Act 2011).]

(7)A “licence to admit spectators” is a licence granted in respect of any premises by the licensing authority under this Part of this Act authorising the admission to the premises of spectators for the purpose of watching any designated football match played at those premises.

(8)Each of the following periods is “relevant to” a designated football match, that is to say—

(a)the period beginning—

(i)two hours before the start of the match, or

(ii)two hours before the time at which it is advertised to start, or

(iii)with the time at which spectators are first admitted to the premises,

whichever is the earliest, and ending one hour after the end of the match;

(b)where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning two hours before and ending one hour after that time.

F6(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)A person is a “responsible person” in relation to any designated football match at any premises if he is a person concerned in the management of the premises or in the organisation of the match.

(10)The power to make an order under subsection (2) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)The imposition under this Part of this Act of restrictions on the persons who may attend as spectators at any designated football match does not affect any other right of any person to exclude persons from admission to the premises at which the match is played.

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Amendments (Textual)

National Membership SchemeE+W

Prospective

F72 Offences relating to unauthorised attendance at designated football matches.E+W

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Amendments (Textual)

Prospective

F73 The Football Membership Authority.E+W

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Amendments (Textual)

Prospective

F74 National membership scheme: making, approval, modification etc.E+W

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Amendments (Textual)

Prospective

F75 National membership scheme: contents and penalties.E+W

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Amendments (Textual)

Prospective

F76 Phased application of scheme.E+W

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Amendments (Textual)

F77 Disqualification for membership of scheme.E+W

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Amendments (Textual)

Licences to admit spectatorsE+W+S+N.I.

F88 The Football Licensing Authority.E+W+S+N.I.

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Amendments (Textual)

9 Offence of admitting spectators to unlicensed premises.E+W

(1)Subject to subsection (2) below, if persons are admitted as spectators to, or permitted to remain as spectators on, any premises during a period relevant to a designated football match without a licence to admit spectators being in force, any responsible person commits an offence.

(2)Where a person is charged with an offence under this section it shall be a defence to prove either that the spectators were admitted in an emergency or—

(a)that the spectators were admitted without his consent; and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.

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Commencement Information

I1S. 9 wholly in force at 1.8.1993 see s. 27(2)(3) and S.I. 1993/1690, art. 2.

10 Licences to admit spectators: general.E+W

(1)The licensing authority may, on an application duly made by a responsible person, grant a licence to admit spectators to any premises for the purpose of watching any designated football match played at those premises.

(2)An application for a licence in respect of any premises shall be made in such manner, in such form and accompanied by such fee as may be determined by the Secretary of State.

(3)The licensing authority shall not refuse to grant a licence without—

(a)notifying the applicant in writing of the proposed refusal and of the grounds for it;

(b)giving him an opportunity to make representations about them within the period of twenty-eight days beginning with the service of the notice; and

(c)taking any representations so made into account in making its decision.

(4)A licence to admit spectators to any premises may authorise the admission of spectators to watch all designated football matches or specified descriptions of designated football matches or a particular such match.

(5)A licence to admit spectators shall be in writing and shall be granted on such terms and conditions as the licensing authority considers appropriate and, if the Secretary of State gives to the licensing authority a direction under section 11 below, the conditions may include conditions imposing requirements as respects the seating of spectators.

(6)A licence to admit spectators may also include conditions requiring specified descriptions of spectators to be refused admittance to the premises to watch designated football matches or specified descriptions of designated football matches or a particular such match.

(7)Where a designation order includes the provision authorised by section 1(4)(b) above as respects the admission of spectators to any ground as authorised spectators, the licensing authority may, by notice in writing to the licence holder, direct that, for the purposes of any match or description of match specified in the direction, the licence shall be treated as including such specified terms and conditions as respects the admission of spectators as authorised spectators as the licensing authority considers appropriate; and the licence shall have effect, for that purpose, subject to those terms and conditions.

(8)It shall be a condition of every licence that any authorised person shall be entitled, on production, if so required, of his authority—

(a)to enter at any reasonable time any premises on which a designated football match is being or is to be played;

(b)to make such inspection of the premises and such inquiries relating to them as he considers necessary for the purposes of this Part of this Act; or

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)A licence to admit spectators shall, unless revoked or suspended under section 12 below or surrendered, remain in force for a specified period.

(10)Subject to subsection (11) below, the licensing authority may at any time, by notice in writing to the licence holder, vary the terms and conditions of the licence.

(11)The licensing authority shall not vary the terms or conditions of a licence without—

(a)notifying the licence holder in writing of the proposed alterations or additions;

(b)giving him an opportunity to make representations about them within the period of twenty-one days beginning with the service of the notice; and

(c)taking any representations so made into account in making the decision.

(12)In taking any decision under this section the licensing authority shall have regard, among the other relevant circumstances, to the following matters or to such of them as are applicable to the decision, that is to say—

(a)whether the premises and the equipment provided and procedures used at the premises are such as to secure that, except (in the case of the procedures) in an emergency, only authorised spectators are admitted to designated football matches;

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)whether the equipment provided, procedures used and other arrangements in force at the premises are such as are reasonably required to prevent the commission or minimise the effects of offences at designated football matches; and

(d)such other considerations as the Secretary of State determines from time to time and notifies to the licensing authority.

(13)Subject to subsection (14) below, if any term or condition of a licence is contravened any responsible person commits an offence.

(14)Where a person is charged with an offence under subsection (13) above it shall be a defence to prove—

(a)that the contravention took place without his consent; and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(15)A person guilty of an offence under subsection (13) above shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(16)The fees charged on the issue of licences—

(a)may be fixed so as to reimburse the licensing authority their expenses under this Part of this Act; and

(b)shall be paid by the licensing authority to the Secretary of State.

(17)In this section—

  • authorised person” means any person authorised by the Secretary of State [F11or the licensing authority] ;

  • specified” means specified in the licence or in the case of subsection (7) in the direction; and

  • vary”, in relation to a licence, includes the addition of further terms or conditions.

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Amendments (Textual)

11 Power of Secretary of State to require conditions in licences relating to seating.E+W

(1)The Secretary of State may, by order, direct the licensing authority to include in any licence to admit spectators to any specified premises a condition imposing requirements as respects the seating of spectators at designated football matches at the premises; and it shall be the duty of the authority to comply with the direction.

(2)The requirements imposed by a condition in pursuance of this section may relate to the accommodation to be provided at, or the arrangements to be made as respects the spectators admitted to, the premises.

(3)A direction may require the licensing authority to include the condition in the licence when granting it or by way of varying the conditions of a licence.

(4)Before giving a direction under this section in relation to any premises the Secretary of State shall consult the licensing authority which may, if it thinks fit, make recommendations to him.

(5)The licensing authority shall not make any recommendations under subsection (4) above without consulting the local authority in whose area the premises are situated.

(6)The power to make an order containing a direction under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section “local authority” has the same meaning as in the M1Safety of Sports Grounds Act 1975.

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Marginal Citations

12 Licences to admit spectators: revocation and suspension.E+W

(1)The licensing authority may, subject to subsections (2), (3) and (4) below, at any time, by notice in writing to the holder of a licence to admit spectators, revoke the licence or suspend the licence indefinitely or for such period as the authority considers appropriate.

(2)The licensing authority shall not suspend or revoke a licence under this section unless satisfied that it is necessary to do so having regard to the matters which are relevant for the purposes of this section.

(3)The matters which are relevant for the purposes of this section are—

(a)the matters specified in paragraphs (a), (b) and (c) of section 10(12) above; and

(b)such other considerations as the Secretary of State determines from time to time and notifies to the licensing authority.

(4)The licensing authority shall not revoke or suspend a licence to admit spectators without—

(a)notifying the licence holder of the proposed revocation or suspension and of the grounds for it;

(b)giving him an opportunity to make representations about the matter within the period of twenty-one days beginning with the date of the service of the notice; and

(c)taking any representations so made into account in making the decision.

(5)The licensing authority may, if satisfied that the urgency of the case so requires, suspend a licence under this section without observing the requirements of subsection (4) above but the authority shall, as soon as is practicable, notify the person to whom the licence was granted of the grounds for the suspension.

(6)A licence suspended under this section shall during the time of suspension be of no effect.

(7)Where a licence has been suspended under this section the person to whom the licence was granted may at any time apply to the licensing authority to terminate the suspension and the licensing authority may terminate the suspension if it appears to be appropriate to do so having regard to the relevant matters and after taking into account any representations made by the applicant.

13 Licensing authority’s powers in relation to safety at football grounds.E+W

(1)The licensing authority shall have the function of keeping under review the discharge by local authorities of their functions under the M2Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played and shall have the powers conferred in relation to those functions by the following provisions of this section.

(2)The licensing authority may, by notice in writing to the local authority concerned, require the local authority to include in any safety certificate such terms and conditions as are specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(3)Before exercising its power under subsection (2) above to require the inclusion of specified terms and conditions in any safety certificate, the licensing authority shall consult [F12

(a)the local authority;

(b)the chief officer of police;

(c)if the local authority are not the fire and rescue authority, the fire and rescue authority; and

(d)if the local authority are not the building authority, the building authority.]

(4)As respects those terms and conditions, the local authority need not consult the chief officer of police, the [F13fire and rescue authority] or the building authority under section 3(3) or 4(8) of the Safety of Sports Grounds Act 1975 before issuing a safety certificate or about any proposal to amend or replace one.

(5)A notice under subsection (2) above may require the issue under that Act of a safety certificate incorporating the specified terms or conditions or the amendment under that Act of a safety certificate so that it incorporates the specified terms or conditions.

(6)Any inspector appointed by the licensing authority may, for the purposes of the discharge by the licensing authority of its function under subsection (1) above, on production, if so required, of his authority—

(a)enter at any reasonable time any sports ground at which designated football matches are played;

(b)make such inspection of the ground and such inquiries relating to the ground as he considers necessary; or

(c)examine the safety certificate and any records kept under the Safety of Sports Grounds Act 1975 or this Part of this Act, and take copies of such records.

(7)The licensing authority may, by notice in writing to any local authority, require the local authority to furnish to the licensing authority such information relating to the discharge by the local authority of its functions under the Safety of Sports Grounds Act 1975 as is specified in the notice; and it shall be the duty of the local authority to comply with the requirement.

(8)Section 5(3) of the Safety of Sports Grounds Act 1975 (appeals against terms and conditions of safety certificates) shall have effect with the insertion, after paragraph (ii), of the words “but not against the inclusion in a safety certificate of anything required to be included in it by the Football Licensing Authority under section 13(2) of the Football Spectators Act 1989”.

(9)Any expression used in this section and in the Safety of Sports Grounds Act 1975 has the same meaning in this section as in that Act.

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Amendments (Textual)

F12S. 13(3)(a)-(d) substituted for words in s. 13(3) (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F13Words in s. 13(4) substituted (1.10.2004 except in relation to W., 10.11.2004 in so far as not already in force) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 70(3); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I2S. 13 wholly in force at 3.6.1991. See s. 27(2) and S.I. 1991/1071, art. 2

Marginal Citations

[F14Part IIE+W Regulated football matches]

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Amendments (Textual)

F14Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

[F15Preliminary]E+W

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Amendments (Textual)

F15Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F1614[ Main definitions.]E+W

(1)This section applies for the purposes of this Part.

(2)Regulated football match” means an association football match (whether in [F17the United Kingdom] or elsewhere) which is a prescribed match or a match of a prescribed description.

(3)External tournament” means a football competition which includes regulated football matches outside [F18the United Kingdom].

(4)Banning order” means an order made by the court under this Part which—

(a)in relation to regulated football matches in [F19the United Kingdom], prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and

(b)in relation to regulated football matches outside [F19the United Kingdom], requires that person to report at a police station in accordance with this Part.

(5)Control period”, in relation to a regulated football match outside [F20the United Kingdom], means the period—

(a)beginning five days before the day of the match, and

(b)ending when the match is finished or cancelled.

(6)Control period”, in relation to an external tournament, means any period described in an order made by the Secretary of State—

(a)beginning five days before the day of the first football match outside [F21the United Kingdom] which is included in the tournament, and

(b)ending when the last football match outside [F21the United Kingdom] which is included in the tournament is finished or cancelled,

but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account.

(7)References to football matches are to football matches played or intended to be played.

(8)Relevant offence” means an offence to which Schedule 1 to this Act applies.

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Amendments (Textual)

F16Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F17Words in s. 14(2) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(a), 116(1); S.I. 2010/507, art. 5(o)

F18Words in s. 14(3) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(a), 116(1); S.I. 2010/507, art. 5(o)

F19Words in s. 14(4) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(a), 116(1); S.I. 2010/507, art. 5(o)

F20Words in s. 14(5) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(a), 116(1); S.I. 2010/507, art. 5(o)

F21Words in s. 14(6) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(a), 116(1); S.I. 2010/507, art. 5(o)

Modifications etc. (not altering text)

[F22Banning orders]E+W

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Amendments (Textual)

F22Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F2314A[ Banning orders made on conviction of an offence.]E+W

(1)This section applies where a person (the “offender”) is convicted of a relevant offence.

(2)If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender.

(3)If the court is not so satisfied, it must in open court state that fact and give its reasons.

[F24(3A)For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B)It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]

(4)A banning order may only be made under this section—

(a)in addition to a sentence imposed in respect of the relevant offence, or

(b)in addition to an order discharging him conditionally.

[F25(4A)The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B)If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

[F26(4BA)If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.

(4BB)A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

(4C)F27... the court may not issue a warrant [F28under subsection (4B) above] for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]

(5)A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).

[F29(5A)The prosecution has a right of appeal against a failure by the court to make a banning order under this section—

(a)where the failure is by a magistrates' court, to the Crown Court; and

(b)where it is by the Crown Court, to the Court of Appeal.

(5B)An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.

(5C)An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought.]

(6)In this section, “the court” in relation to an offender means—

(a)the court by or before which he is convicted of the relevant offence, or

(b)if he is committed to the Crown Court to be dealt with for that offence, the Crown Court.

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Amendments (Textual)

F23Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F30[14B Banning orders made on a complaint.E+W

[F31(1)An application for a banning order in respect of any person may be made by—

(a)the relevant chief officer, or

(b)the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is met.]

[F32(1A)In subsection (1) “the relevant chief officer” means—

(a)the chief officer of police of any police force maintained for a police area; or

(b)the chief constable of the British Transport Police Force.]

(2)That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.

(3)The application is to be made by complaint to a magistrates’ court.

(4)If—

(a)it is proved on the application that the condition in subsection (2) above is met, and

(b)the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches,

the court must make a banning order in respect of the respondent.]

[F33(5)If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.

(6)A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

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Amendments (Textual)

F30Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C8Ss. 14B, 21A, 21B restricted (28.7.2000) by 2000 c. 25, s. 5(2)-(5),

[F3414C Banning orders: supplementary.E+W

(1)In this Part, “violence” means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.

(2)In this Part, “disorder” includes—

(a)stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,

(b)using threatening, abusive or insulting words or behaviour or disorderly behaviour,

(c)displaying any writing or other thing which is threatening, abusive or insulting.

(3)In this Part, “violence” and “disorder” are not limited to violence or disorder in connection with football.

(4)The magistrates’ court may take into account the following matters (among others), so far as they consider it appropriate to do so, in determining whether to make an order under section 14B above—

(a)any decision of a court or tribunal outside the United Kingdom,

(b)deportation or exclusion from a country outside the United Kingdom,

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

(d)conduct recorded on video or by any other means.

(5)In determining whether to make such an order—

(a)the magistrates’ court may not take into account anything done by the respondent before the beginning of the period of ten years ending with the application under section 14B(1) above, except circumstances ancillary to a conviction,

(b)before taking into account any conviction for a relevant offence, where a court made a statement under section 14A(3) above (or section 15(2A) below or section 30(3) of the M3Public Order Act 1986), the magistrates’ court must consider the reasons given in the statement,

and in this subsection “circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the M4Rehabilitation of Offenders Act 1974 (effect of rehabilitation).

(6)Subsection (5) does not prejudice anything in the M5Rehabilitation of Offenders Act 1974.]

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Amendments (Textual)

F34Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Marginal Citations

F35[14D Banning orders made on a complaint: appeals.E+W

(1)An appeal lies to the Crown Court against the making by a magistrates’ court of a banning order under section 14B above.

[F36(1A)An appeal lies to the Crown Court against the dismissal by a magistrates' court of an application for the making of a banning order under section 14B above.]

(2)On [F37an appeal under this section] the Crown Court—

(a)may make any orders necessary to give effect to its determination of the appeal, and

(b)may also make any incidental or consequential orders which appear to it to be just.

(3)An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) is to be treated for the purposes of this Part as if it were an order of the magistrates’ court from which the appeal was brought.]

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Amendments (Textual)

F35Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F38[14E Banning orders: general.E+W

(1)On making a banning order, a court must in ordinary language explain its effect to the person subject to the order.

(2)A banning order must require the person subject to the order to report initially at a police station F39... specified in the order within the period of five days beginning with the day on which the order is made.

[F40(2A)A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B)The events are—

(a)a change of any of his names;

(b)the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(c)a change of his home address;

(d)his acquisition of a temporary address;

(e)a change of his temporary address or his ceasing to have one;

(f)his becoming aware of the loss of his [F41passport] ;

(g)receipt by him of a new [F41passport] ;

(h)an appeal made by him in relation to the order;

(i)an application made by him under section 14H(2) for termination of the order;

(j)an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C)A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—

(a)in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b)in the case of a first use of a previously undisclosed name, must specify that name; and

(c)in the case of a receipt of a new [F41passport], must give details of that [F41passport] .]

(3)A banning order must F42... impose a requirement as to the surrender in accordance with this Part, in connection with regulated football matches outside the United Kingdom, of the [F41passport] of the person subject to the order.

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the case of a person detained in legal custody—

(a)the requirement under this section to report at a police station, and

(b)any requirement imposed under section 19 below,

is suspended until his release from custody.

(6)If—

(a)he is released from custody more than five days before the expiry of the period for which the order has effect, and

(b)he was precluded by his being in custody from reporting initially,

the order is to have effect as if it required him to report initially at the police station specified in the order within the period of five days beginning with the date of his release.]

F44(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45(8)In this section—

  • declaration of relevance” has the same meaning as in section 23;

  • home address”, in relation to any person, means the address of his sole or main residence;

  • loss” includes theft or destruction;

  • new” includes replacement;

  • temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.]

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Amendments (Textual)

F38Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F41Word in s. 14E substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 4

F46[14F Period of banning orders.E+W

(1)Subject to the following provisions of this Part, a banning order has effect for a period beginning with the day on which the order is made.

(2)The period must not be longer than the maximum or shorter than the minimum.

(3)Where the order is made under section 14A above in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years and the minimum is six years; and in this subsection “imprisonment” includes any form of detention.

(4)In any other case where the order is made under section 14A above, the maximum is five years and the minimum is three years.

(5)Where the order is made under section 14B above, the maximum is [F47five] years and the minimum is [F47three] years.]

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Amendments (Textual)

F46Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F48[14G Additional requirements of orders.E+W

(1)A banning order may, if the court making the order thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

(2)The court by which a banning order was made may, on an application made by—

(a)the person subject to the order, or

(b)the person who applied for the order or who was the prosecutor in relation to the order,

vary the order so as to impose, replace or omit any such requirements.

(3)In the case of a banning order made by a magistrates’ court, the reference in subsection (2) above to the court by which it was made includes a reference to any magistrates’ court acting [F49in the same local justice] area as that court.]

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Amendments (Textual)

F48Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F50[14H Termination of orders.E+W

(1)If a banning order has had effect for at least two-thirds of the period determined under section 14F above, the person subject to the order may apply to the court by which it was made to terminate it.

(2)On the application, the court may by order terminate the banning order as from a specified date or refuse the application.

(3)In exercising its powers under subsection (2) above, the court must have regard to the person’s character, his conduct since the banning order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to it to be relevant.

(4)Where an application under subsection (1) above in respect of a banning order is refused, no further application in respect of the order may be made within the period of six months beginning with the day of the refusal.

(5)The court may order the applicant to pay all or any part of the costs of an application under this section.

(6)In the case of a banning order made by a magistrates’ court, the reference in subsection (1) above to the court by which it was made includes a reference to any magistrates’ court acting [F51in the same local justice] area as that court.]

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Amendments (Textual)

F50Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

F52[14J Offences.E+W

(1)A person subject to a banning order who fails to comply with—

(a)any requirement imposed by the order, or

(b)any requirement imposed under section 19(2B) or (2C) below,

is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.]

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Amendments (Textual)

F52Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C9S. 14J(1) extended (Scotland and Northern Ireland) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 105, 116(1); S.I. 2010/507, art. 5(o)

Restriction ordersE+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Information.E+W

(1)Where a court makes [F66 a banning order] the [F67designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a)shall give a copy of it to the person to whom it relates;

(b)shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F68and to any prescribed person];

(c)shall (as soon as reasonably practicable) send a copy of it to the police station (addressed to the officer responsible for the police station) at which the person subject to the order is to report initially; and

(d)in a case where the person subject to the order is [F69 detained in legal custody, shall (as soon as reasonably practicable) send a copy of it to the person in whose custody he is detained].

(2)Where a court terminates [F66a banning order] under [F70section 14H] above, the [F71designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a)shall give a copy of the terminating order to the person to whom [F66the banning order] relates;

(b)shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F72and to any prescribed person]; and

(c)in a case where the person subject to [F66the banning order] is [F73detained in legal custody, shall (as soon as reasonably practicable) send a copy of the terminating order to the person in whose custody he is detained].

F74[(3)Where a person subject to a banning order is released from custody and, in the case of a person who has not reported initially to a police station, is released more than five days before the expiry of the banning order, the person in whose custody he is shall (as soon as reasonably practicable) give notice of his release to the enforcing authority.]

F75(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F66Words in s. 18 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F67Words in s. 18(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 333(2); S.I. 2005/910, art. 3(y)

F68Words in s. 18(1)(b) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(a)(i); S.I. 2000/2125, art. 2

F69Words in s. 18(1)(d) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(a)(ii); S.I. 2000/2125, art. 2

F70Words in s. 18(2) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(i); S.I. 2000/2125, art. 2

F71Words in s. 18(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 333(3); S.I. 2005/910, art. 3(y)

F72Words in s. 18(2)(b) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(ii); S.I. 2000/2125, art. 2

F73Words in s. 18(2)(c) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(b)(iii); S.I. 2000/2125, art. 2

F74S. 18(3) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 14(c); S.I. 2000/2125, art. 2

ReportingE+W

19 Functions of enforcing authority and local police.E+W

(1)The enforcing authority and the officer responsible for the police station at which he reports initially shall have the following functions as respects any person subject to [F77a banning order].

(2)On a person reporting initially at the police station, the officer responsible for the station may make such requirements of that person as are determined by the enforcing authority to be necessary or expedient for giving effect to [F78the banning order, so far as relating to regulated football matches outside [F79the United Kingdom].

(2A)If, in connection with any regulated football match outside [F80the United Kingdom], the enforcing authority is of the opinion that requiring any person subject to a banning order to report is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match, the authority must give him a notice in writing under subsection (2B) below.

(2B)The notice must require that person—

(a)to report at a police station specified in the notice at the time, or between the times, specified in the notice,

(b)F81... F82..., to surrender his [F83passport] at a police station specified in the notice at the time, or between the times, specified in the notice,

and may require him to comply with any additional requirements of the order in the manner specified in the notice.

(2C)In the case of any regulated football match, the enforcing authority may by notice in writing require any person subject to a banning order to comply with any additional requirements of the order in the manner specified in the notice.

(2D)The enforcing authority may establish criteria for determining whether any requirement under subsection (2B) or (2C) above ought to be imposed on any person or any class of person.

(2E)A notice under this section—

(a)may not require the person subject to the order to report except in the control period in relation to a regulated football match outside [F84the United Kingdom] or an external tournament,

(b)may not require him to surrender his[F83passport] except in the control period in relation to a regulated football match outside the United Kingdom or an external tournament which includes such matches.

[F85(c)must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match.]

(2F)Where a notice under this section requires the person subject to the order to surrender his [F83passport], the [F83passport] must be returned to him as soon as reasonably practicable after the end of the control period in question.]

(5)The enforcing authority, in exercising their functions under this section, shall have regard to any guidance issued by the Secretary of State under section 21 below.

(6)A person who, without reasonable excuse, fails to comply with any requirement imposed on him under subsection (2) above shall be guilty of an offence.

(7)A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Amendments (Textual)

F77Words in s. 19 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F78S. 19(2A)-(2F) and words in s. 19(2) substituted for the words from “international” in subsection (2) to the end of subsection (4) (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 3(2); S.I. 2000/2125, art. 2

F79Words in s. 19(2) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(b), 116(1); S.I. 2010/507, art. 5(o)

F80Words in s. 19(2A) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(b), 116(1); S.I. 2010/507, art. 5(o)

F83Word in s. 19 substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 4

F84Words in s. 19(2E)(a) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(b), 116(1); S.I. 2010/507, art. 5(o)

Modifications etc. (not altering text)

C10S. 19(6) extended (Scotland and Northern Ireland) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 105, 116(1); S.I. 2010/507, art. 5(o)

20 Exemptions from requirement to report as respects a match.E+W

(1)A person who is subject to [F86a banning order] may—

(a)as respects a particular [F87regulated football match], or

(b)as respects [F87regulated football matches] played during a period,

apply to the authority empowered to grant exemptions under this section (“the exempting authority”) to be exempt from [F88the requirements imposed by or under this Part, or any of them] as respects that match or matches played during that period.

(2)The enforcing authority may grant exemptions under this section in all cases; but where the application is [F89made during the control period in relation to any match to which the application applies, the officer responsible for a police station may grant the exemption as respects that match, subject to subsection (3) below].

(3)The officer responsible for a police station shall not grant an exemption without referring the question of exemption to the enforcing authority, unless he considers that it is not reasonably practicable to do so.

(4)The exempting authority shall exempt the applicant from [F90the requirements imposed by or under this Part, or any of them, as respects any match or matches to which the application relates] if he shows to the authority’s satisfaction—

(a)that there are special circumstances which justify his being so exempted; and

(b)that, because of those circumstances, he would not attend the match or matches if he were so exempted.

(5)The exempting authority shall, in taking any decision under subsection (4) above, have regard to any guidance issued by the Secretary of State under section 21 below.

(6)Where an exemption is granted by the exempting authority to a person under subsection (4) above [F91the banning order is to have effect subject to the exemption and, accordingly, no requirement is to be imposed under section 19 which is inconsistent with the exemption].

(7)A person who is aggrieved by the refusal of the exempting authority to grant him an exemption under subsection (4) above may, after giving the authority notice in writing of his intention to do so, appeal to a magistrates’ court F92....

(8)On any appeal under subsection (7) above the court may make such order as it thinks fit.

(9)The court may order the appellant to pay all or any part of the costs of an appeal under subsection (7) above.

(10)Any person commits an offence who, in connection with an application under this section to be exempted from [F93the requirements imposed by or under this Part, or any of them]

(a)makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

(b)produces, furnishes, signs or otherwise makes use of a document which he knows to be false or misleading in a material particular or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular.

(11)A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F86Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F87Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 11; S.I. 2000/2125, art. 2

F88Words in s. 20(1) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(a); S.I. 2000/2125, art. 2

F89Words in s. 20(2) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(b); S.I. 2000/2125, art. 2

F90Words in s. 20(4) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(c); S.I. 2000/2125, art. 2

F91Words in s. 20(6) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(d); S.I. 2000/2125, art. 2

F93Words in s. 20(10) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 15(e); S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C11S. 20(10) extended (Scotland and Northern Ireland) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 105, 116(1); S.I. 2010/507, art. 5(o)

21 Functions of enforcing authority: supplementary provisions.E+W

(1)The Secretary of State may issue to the enforcing authority such guidance as he considers appropriate for the purposes of the exercise of their functions under sections 19 and 20 above.

(2)The Secretary of State shall make such arrangements as he considers appropriate for publishing the guidance issued from time to time under subsection (1) above.

(3)The Secretary of State may make regulations regulating the giving by the enforcing authority to persons subject to [F94banning orders] of notices under section 19 above F95. . .; and it shall be the duty of the enforcing authority to comply with the regulations.

(4)Regulations under subsection (3) above may exclude the operation of section 25 below.

(5)The power to make regulations under subsection (3) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where any notice is given under section 19 above by the enforcing authority in accordance with regulations under subsection (3) above, the notice shall be taken to have been received by the person to whom it was addressed unless he proves that he did not receive the notice and did not know and had no reasonable cause to believe that [F96requirements had been imposed on him under section 19 above].

(7)Where any notice is given under section 19 above by the enforcing authority in accordance with section 25 below, subsection (6) above [F97(instead of section 25(1A))] shall apply as it applies to such a notice given in accordance with regulations under subsection (3) above.

(8)The Secretary of State may pay to the enforcing authority any expenses incurred by them in exercising their functions under sections 19 and 20 above.

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Amendments (Textual)

F94Words in s. 21(3) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 16; S.I. 2000/2125, art. 2

F95Words in s. 21(3) repealed (27.9.1999) by 1999 c. 21, ss. 3(12), 12(2) (with s.12(3))

F96Words in s. 21(6) substituted (27.9.1999) by 1999 c. 21, ss. 3(13), 12(2) (with s. 12(3))

F98[21A Summary measures: detention.E+W

(1)This section and section 21B below apply during any control period in relation to a regulated football match outside [F99the United Kingdom] or an external tournament if a constable in uniform—

(a)has reasonable grounds for suspecting that the condition in section 14B(2) above is met in the case of a person present before him, and

(b)has reasonable grounds to believe that making a banning order in his case would help to prevent violence or disorder at or in connection with any regulated football matches.

(2)The constable may detain the person in his custody (whether there or elsewhere) until he has decided whether or not to issue a notice under section 21B below, and shall give the person his reasons for detaining him in writing.

This is without prejudice to any power of the constable apart from this section to arrest the person.

(3)A person may not be detained under subsection (2) above for more than four hours or, with the authority of an officer of at least the rank of inspector, six hours.

(4)A person who has been detained under subsection (2) above may only be further detained under that subsection in the same control period in reliance on information which was not available to the constable who previously detained him; and a person on whom a notice has been served under section 21B(2) below may not be detained under subsection (2) above in the same control period.]

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Amendments (Textual)

F98S. 21A inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

F99Words in s. 21A(1) substituted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss., 103(1)(2)(c), 116(1); S.I. 2010/507, art. 5(o)

Modifications etc. (not altering text)

C12Ss. 14B, 21A, 21B restricted (28.7.2000) by 2000 c. 25, s. 5(2)-(5); S.I. 2000/2125, art. 2

F100[21B Summary measures: reference to a court.E+W

(1)A constable in uniform may exercise the power in subsection (2) below if authorised to do so by an officer of at least the rank of inspector.

(2)The constable may give the person a notice in writing requiring him—

(a)to appear before a magistrates’ court at a time, or between the times, specified in the notice,

(b)not to leave England and Wales before that time (or the later of those times), and

(c)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his [F101passport] to the constable,

and stating the grounds referred to in section 21A(1) above.

(3)The times for appearance before the magistrates’ court must be within the period of 24 hours beginning with—

(a)the giving of the notice, or

(b)the person’s detention under section 21A(2) above,

whichever is the earlier.

(4)For the purposes of section 14B above, the notice is to be treated as an application for a banning order made by complaint by the constable to the court in question and subsection (1) of that section is to have effect as if the references to [F102the relevant chief officer] were references to that constable.

(5)A constable may arrest a person to whom he is giving such a notice if he has reasonable grounds to believe that it is necessary to do so in order to secure that the person complies with the notice.

(6)Any [F101passport] surrendered by a person under this section must be returned to him in accordance with directions given by the court.]

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Amendments (Textual)

F100S. 21B inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C13Ss. 14B, 21A, 21B restricted (28.8.2000) by 2000 c. 25, s. 5(2)-(5); S.I. 2000/2125, art. 2

F103[21C Summary measures: supplementaryE+W

(1)The powers conferred by sections 21A and 21B above may only be exercised in relation to a person who is a British citizen.

(2)A person who fails to comply with a notice given to him under section 21B above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3)Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court as required by the notice (whether under arrest or not), the court may remand him.

(4)A person who, by virtue of subsection (3) above, is remanded on bail under section 128 of the M8Magistrates’ Courts Act 1980 may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his [F104passport] to a police constable, if he has not already done so.]

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Amendments (Textual)

F103S. 21C inserted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 4; S.I. 2000/2125, art. 2

Marginal Citations

[F10521D Summary measures: compensation.E+W

(1)Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied—

(a)that the notice should not have been given,

(b)that he has suffered loss as a result of the giving of the notice, and

(c)that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.

(2)An appeal lies to the Crown Court against any refusal by a magistrates’ court to order the payment of compensation under subsection (1) above.

(3)The compensation to be paid by order of the magistrates’ court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).

(4)If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.

(5)In this section, “central funds” has the same meaning as in enactments providing for the payment of costs.]

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Amendments (Textual)

Relevant offences outside England and WalesE+W

22 Restriction orders arising out of offences outside England and Wales.E+W

(1)Her Majesty may, by Order in Council, specify offences (“corresponding offences”) under the law of any country outside England and Wales which appear to Her to correspond to any offence [F106to which Schedule 1 to this Act applies].

[F107(1A)For the purposes of subsection (1) above, an offence specified in an Order in Council under that subsection shall be regarded as corresponding to an offence [F106to which Schedule 1 to this Act applies] notwithstanding that any period specified in the Order is longer than any corresponding period specified in that Schedule.]

(2)Upon an information being laid before a justice of the peace F108... that a person F109... has been convicted of a corresponding offence in a country outside England and Wales, the justice may—

(a)issue a summons directed to that person requiring him to appear before a magistrates’ court F110... to answer to the information; or

(b)subject to subsection (3) below, issue a warrant to arrest that person and bring him before a magistrates’ court F110....

(3)No warrant shall be issued under subsection (2) above unless the information is in writing and substantiated on oath.

(4)Where a person appears or is brought before a magistrates’ court in pursuance of subsection (2) above, the court, if satisfied that—

(a)he is ordinarily resident in England and Wales, and

(b)has been convicted in the country outside England and Wales of the corresponding offence,

may, unless it appears that the conviction is the subject of proceedings in a court of law in that country questioning the conviction, make [F111a banning order] in relation to him.

[F112(5)A magistrates’ court which has power to make an international football banning order in relation to a person shall be under a duty to make the order in relation to him if it is satisfied that there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with [F113regulated football matches].

(5A)Where a magistrates’ court has power to make an international football banning order in relation to a person but does not do so, it shall state in open court that it is not satisfied that there are such reasonable grounds as are mentioned in subsection (5) above and give reasons why it is not satisfied.]

(6)In proceedings under subsection (4) above, the court shall have the like powers, including power to adjourn the proceedings and meanwhile to remand the defendant on bail (but not in custody), and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were the trial of an information for a summary offence.

(7)Any person aggrieved by the decision of a magistrates’ court making [F111a banning order] under this section may appeal to the Crown Court against the decision.

F114[(8)Sections 14E to 14J and 18 to 21 shall apply in relation to a person subject to a banning order under this section as they apply in relation to a person subject to a banning order made by a magistrates’ court under section 14A.]

[F115(9)An Order in Council under subsection (1) above relating to any country may include provision specifying the documentary form in which details are to be given of—

(a)the conviction of a person in that country of a corresponding offence,

(b)the nature and circumstances of the offence, and

(c)whether or not the conviction is the subject of proceedings in that country questioning it.

(10)A document in the form so specified—

(a)shall be admissible in any proceedings under this Part of this Act as evidence of the facts stated in it unless the contrary is proved, and

(b)shall be taken as such a document unless the contrary is proved.

(11)In proceedings against a person under this section, the facts stated in a document in the form so specified shall, on production of the document and proof that that person is the person whose conviction is set out in the document, be taken to be proved unless the contrary is proved.]

(12)Any statutory instrument containing an Order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F106Words in s. 22(1)(1A) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 17(a); S.I. 2000/2125, art. 2

F107S. 22(1A) inserted (27.9.1999) by 1999 c. 21, ss. 5(2), 12(2) (with s. 12(3))

F111Words in s. 22 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F112S. 22(5)(5A) substituted for s. 22(5) (27.9.1999) by 1999 c. 21, ss. 5(3), 12(2) (with s. 12(3))

F113Words in s. 22(5) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 11; S.I. 2000/2125, art. 2

F114S. 22(8) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 17(b); S.I. 2000/2125, art. 2

F115S. 22(9)-(11) substituted (27.9.1999) by 1999 c. 21, ss. 5(5), 12(2) (with s. 12(3))

F116[22A Other interpretation, etc.E+W

(1)In this Part—

  • British citizen” has the same meaning as in the M9British Nationality Act 1981,

  • country” includes territory,

  • F117...

  • enforcing authority” means a prescribed organisation established by the Secretary of State under section 57 of the M10Police Act 1996 (central police organisations),

  • passport” means a United Kingdom passport within the meaning of the M11Immigration Act 1971,

  • prescribed” means prescribed by an order made by the Secretary of State.

  • F118...

(2)The Secretary of State may, if he considers it necessary or expedient to do so in order to secure the effective enforcement of this Part, by order provide for section 14(5) and (6) above to have effect in relation to any, or any description of, regulated football match or external tournament as if, for any reference to five days, there were substituted a reference to the number of days (not exceeding ten) specified in the order.

(3)Any power of the Secretary of State to make an order under this Part is exercisable by statutory instrument.

(4)An instrument containing an order made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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Amendments (Textual)

F116S. 22A inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 18; S.I. 2000/2125, art. 2

F118Words in s. 22A(1) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 5

Marginal Citations

Part IIIE+W General

23 Further provision about, and appeals against, declarations of relevance.E+W

(1)Subject to subsection (2) below, a court may not make a declaration of relevance as respects any offence unless it is satisfied that the prosecutor gave notice to the defendant, at least five days before the first day of the trial, that it was proposed to show that the offence related to football matches [F119, to a particular football match or to particular football matches (as the case may be).]

(2)A court may, in any particular case, make a declaration of relevance notwithstanding that notice to the defendant as required by subsection (1) above has not been given if he consents to waive the giving of full notice or the court is satisfied that the interests of justice do not require more notice to be given.

(3)A person convicted of an offence as respects which the court makes a declaration of relevance may appeal against the making of the declaration of relevance as if the declaration were included in any sentence passed on him for the offence, and accordingly—

(a)in section 10(3) of the M12Criminal Appeal Act 1968 (appeals against sentence by Crown Court), in paragraph (c), after the sub-paragraph (iv) inserted by section 15(7) above there shall be inserted or

(v)a declaration of relevance under the Football Spectators Act 1989;;

(b)in section 50(1) of that Act (meaning of “sentence”), at the end there shall be inserted the words “ ;and a declaration of relevance under the Football Spectators Act 1989 ”; and

(c)in section 108(3) of the M13Magistrates’ Courts Act 1980 (right of appeal to the Crown Court), at the end there shall be inserted the words “ and also includes a declaration of relevance under the Football Spectators Act 1989. ”

(4)[F120A banning order] made upon a person’s conviction of a relevant offence shall be quashed if the making of a declaration of relevance as respects that offence is reversed on appeal.

[F121(5)In this section “declaration of relevance” means a declaration by a court for the purposes of Schedule 1 to this Act that an offence related to football matches, or that it related to one or more particular football matches.]

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Amendments (Textual)

F119Words in s. 23(1) inserted (27.9.1999) by 1999 c. 21, ss. 2(6), 12(2) (with s. 12(3))

F120Words in s. 23(4) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

Modifications etc. (not altering text)

C14S. 23(1)-(3) applied (27.9.1999) by 1986 c. 64, s. 31(2)(3) (as substituted (27.9.1999) by 1999 c. 21, ss. 7(1), 12(2) (with s. 12(3))

Marginal Citations

24 Offences by bodies corporate.E+W

(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or similar officer of the body corporate, or any person purporting to act in that capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

25 Service of documents.E+W

(1)Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.

[F122(1A)A notice or other document served in accordance with subsection (1) on a person who is the subject of a banning order is to be deemed to be received by him at the time when it is served unless he proves otherwise.]

(2)Any notice or other document so required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(3)For the purposes of this section, and of section 7 of the M14Interpretation Act 1978 in its application to this section, the proper address of a person, in the case of a secretary or clerk of a body corporate, shall be that of the registered office or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

(4)This section, and the said section 7 in its application to this section, is subject to section 21(4) and (7) above.

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Amendments (Textual)

Marginal Citations

26 Financial provision.E+W

(1)Any expenses of the Secretary of State under this Act shall be paid out of money provided by Parliament.

(2)Any fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

27 Citation, commencement, consequential repeal and extent.E+W

(1)This Act may be cited as the Football Spectators Act 1989.

(2)The provisions of this Act (other than this section) shall not come into operation until such day as the Secretary of State may appoint by order made by statutory instrument.

(3)Different days may be appointed under subsection (2) above for different provisions of this Act.

(4)A statutory instrument appointing a commencement date for F123... section 13 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F124[(4A)Any power of Her Majesty to make an Order in Council under this Act, and any power of the Secretary of State to make regulations or an order under this Act, may be exercised so as to make different provision for different purposes]

F125(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)This Act F126... extends to England and Wales only.

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Subordinate Legislation Made

P1Power of appointment conferred by s. 27(2) partly exercised: S.I. 1990/690, 926

P2S. 27(2)(3) power exercised by S.I. 1991/1071

S. 27(2)(3): s. 27(2)(3) power exercised (1.8.1993) by S.I. 1993/1690

Amendments (Textual)

F124S. 27(4A) inserted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 19(a); S.I. 2000/2125, art. 2

SCHEDULES

[F127SCHEDULE 1E+W Offences

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Amendments (Textual)

The offences relevant for the purposes of sections 7(2) and 15(1) of this Act are the following—

(a)any offence under section 2(1) or 5(7) of this Act;

(b)any offence under section 2 of the M15Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol containers at sports grounds) committed by the accused at any designated football match or while entering or trying to enter the ground;

(c)any offence under section 5 of the M16Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a designated football match 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 designated football match 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 designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(f)any offence under section 12 of the M17Licensing 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 designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches.]]

(g)any offence under section 91(1) of the M18Criminal 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 designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches].

(h)any offence under section 1 of the Sporting 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 designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches].

(i)any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches].

(j)any offence under section 4 or 5 of the M19Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches].

(k)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 designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches.]

(l)any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F128declaration that the offence related to football matches].

[F129(m)any offence under the Football (Offences) Act 1991.]

[F130(n)any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)—

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

(ii)which was committed during a period relevant to a designated football match, 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;

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

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

(ii)which was committed during a period relevant to a designated football match, 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;

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

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

(ii)which was committed during a period relevant to a designated football match, 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;

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

  • Any reference to an offence in paragraphs (a) to (q) 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.

  • For the purposes of paragraphs (f) to (l) above—

    (a)

    a person may be regarded as having been on a journey to or from a designated football match whether or not he attended or intended to attend the match; and

    (b)

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

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Amendments (Textual)

F128Words in Sch. 1 paras. (f)-(l) substituted (27.9.1999) by 1999 c. 21, ss. 2(1), 12(2) (with s. 12(3))

F129Sch. 1 para. (m) inserted(10.8.1991) by Football Offences Act 1991 (c.19, SIF 39:2), s. 5(3), S. I. 1991/1564, art. 2.

F130Sch. 1 paras. (n)-(q) inserted (27.9.1999) by 1999 c. 21, ss. 2(2), 12(2) (with s. 12(3))

Marginal Citations

F1311This Schedule applies to the following offences:

(a)any offence under section F132..., 14J(1) [F133, 19(6), 20(10)] or 21C(2) of this Act [F134or 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 M20Sporting 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 [F1354A or] 5 of the M21Public Order Act 1986 (harassment, alarm or distress) or any provision of [F136Part 3 or 3A] of that Act [F137(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 M22Licensing 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 M23Criminal 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 M24Sporting 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 [F1384A or] 5 of the M25Public Order Act 1986 (harassment, alarm or distress) or any provision of [F139Part 3 or 3A] of that Act [F140(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 [F141, 5 or 5A] of the M26Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit [F142or 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 M27Football (Offences) Act 1991,

(q)any offence under section [F1434A or] 5 of the M28Public Order Act 1986 (harassment, alarm or distress) or any provision of [F144Part 3 or 3A] of that Act [F145(hatred by reference to race etc)]

(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 M29Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

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Amendments (Textual)

F131Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F132Words 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)

F133Words 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)

F134Words 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)

F141Words 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

F142Words 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

Marginal Citations

F1462Any 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.

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Amendments (Textual)

Modifications etc. (not altering text)

F1473For 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).

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Amendments (Textual)

F1484In this Schedule, “football match” means a match which is a regulated football match for the purposes of Part II of this Act.

[F149(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.]

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Amendments (Textual)

F148Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

Section 8.

F150SCHEDULE 2E+W+S+N.I. The Football Licensing Authority: Supplementary Provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

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