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Football Spectators Act 1989

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3 The Football Membership Authority.E+W

(1)There shall be a body responsible for the administration of the national football membership scheme which shall be designated for the purpose by the Secretary of State under the name (and herein referred to as) “the Football Membership Authority”.

(2)Subject to subsection (4) below, the Secretary of State may designate as the Football Membership Authority any body corporate formed for the purpose by the Football Association and the Football League or any body corporate formed by any other persons or, for the purpose, on his behalf.

(3)The Secretary of State may withdraw the designation of a body under this section, whether at the instance of the body or at his own instance.

(4)The Secretary of State shall not designate any body corporate as the Football Membership Authority unless he is satisfied that its articles of association make provision securing—

(a)that its Board shall comprise a chairman and six other members, of whom the chairman and four of the other members are persons approved by the Secretary of State before their election as chairman or as member, as the case may be, and the remaining two members are persons nominated by the Secretary of State, and

(b)that the chairman shall be a person who has no such financial or other interest as is likely to affect prejudicially the performance of his functions as chairman;

and all the members of the Board shall hold office in accordance with the articles of association of the body corporate.

(5)The Secretary of State may withdraw the designation of a body corporate as the Football Membership Authority if he ceases to be satisfied of the matters mentioned in subsection (4) above.

(6)The functions of a body as the Football Membership Authority shall be assumed or, on withdrawal of its designation, divested on the date specified by the Secretary of State when making or withdrawing the designation but subject to subsection (7) below and without prejudice to its duty under subsection (8) below.

(7)No date other than 1st June in any year shall be specified under subsection (6) above as the date on which functions are to be assumed or divested, but this does not apply—

(a)to the initial designation of a body as the Football Membership Authority, or

(b)where the Secretary of State withdraws the designation of a body on the ground that the body has failed to discharge its duties as the Football Membership Authority or is being wound up or that a receiver or manager of its property has been appointed.

(8)It shall be the duty of the Football Membership Authority to make to the Secretary of State a report on the discharge of its functions during each period of twelve months beginning with 1st June in any year and the Secretary of State shall lay a copy of the report before each House of Parliament.

(9)Where a body assumes or is divested of its functions as the Football Membership Authority on a date other than 1st June subsection (8) above shall have effect as if it required a report to be made for such period as the Secretary of State directs.

(10)Where the Secretary of State withdraws the designation of a body as the Football Membership Authority, he shall, as soon as it appears to him to be appropriate to do so, lay before each House of Parliament a report stating his reasons for the withdrawal.

(11)On the withdrawal of the designation of a body as the Football Membership Authority, the scheme shall cease to have effect but the Secretary of State may, by order, provide for the transfer of the body’s property, rights and liabilities under the scheme to its successor as the Football Membership Authority on such terms and conditions as may be determined by the Secretary of State.

(12)The power to make an order under subsection (11) above is exercisable by statutory instrument.

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