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Football Spectators Act 1989

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

(1)A person who is subject to [F1a banning order] may—

(a)as respects a particular [F2regulated football match], or

(b)as respects [F2regulated football matches] played during a period,

apply to the authority empowered to grant exemptions under this section (“the exempting authority”) to be exempt from [F3the 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 [F4made 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 [F5the 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 [F6the 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 F7....

(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 [F8the 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)

F1Words 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

F2Words 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

F3Words 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

F4Words 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

F5Words 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

F6Words 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

F8Words 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)

C1S. 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)

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