The Football Spectators (Corresponding Offences in Norway) Order 1996

Statutory Instruments

1996 No. 1634

SPORTS GROUNDS AND SPORTING EVENTS

The Football Spectators (Corresponding Offences in Norway) Order 1996

Made

26th June 1996

Laid before Parliament

8th July 1996

Coming into force

1st August 1996

At the Court at Buckingham Palace, the 26th day of June 1996

Present,

The Queen’s Most Excellent Majesty in Council

Whereas it appears to Her Majesty that the offences under the law of Norway described in Schedule 1 to this Order correspond to offences specified in Schedule 1 to the Football Spectators Act 1989(1):

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 22(1) of the Football Spectators Act 1989(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Football Spectators (Corresponding Offences in Norway) Order 1996 and shall come into force on 1st August 1996.

(2) In this Order “the 1989 Act” means the Football Spectators Act 1989.

2.—(1) The offences under the law of Norway which are described in Schedule 1 to this Order are hereby specified as offences corresponding to the offences specified in Schedule 1 to the 1989 Act.

(2) In Schedule 1 to this Order—

(a) the expression “period relevant to” shall be construed in accordance with section 1(8) of the 1989 Act, and

(b) “specified football match” means any association football match played in Norway involving a team which represents—

(i) a country or territory, or

(ii) a club from England or Wales which is, at the time the match is played, a member of the Football Association Premier League or (whether a full or associate member) of the Football League.

3.  The Director General’s Office of Public Prosecutions is hereby specified as the authority in Norway which is to certify the conviction of a person there of any offence specified in Schedule 1 to this Order, the nature and circumstances of the offence and whether or not the conviction is the subject of proceedings there questioning it.

4.  The form of certificate certifying the matters referred to in article 3 above is hereby specified in Schedule 2 to this Order.

5.  In the Schedules to this Order, references to “sections” and “chapters” are references to sections and chapters of the Norwegian General Civil Penal Code.

N. H. Nicholls

Clerk of the Privy Council

Article 2

SCHEDULE 1 OFFENCES UNDER THE LAW OF NORWAY CORRESPONDING TO OFFENCES IN SCHEDULE 1 TO THE 1989 ACT

1.  Any offence of being in a state of intoxication and causing disturbance committed by the accused at any specified football match or while entering or trying to enter the ground.

2.  Any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a specified football match at any premises while the accused was at, or was entering or trying to enter or leave, the premises.

3.  Any offence under Chapter 13 section 135a which involves an allusion to race, colour or national or ethnic origin committed during a period relevant to a specified football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

4.  Any offence involving the use of violence towards property committed during a period relevant to a specified football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

5.  Any offence of being in a state of intoxication and causing disturbance committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

6.  Any offence involving the use or threat of violence by the accused towards another person committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

7.  Any offence under Chapter 13 section 135a which involves an allusion to race, colour or national or ethnic origin committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

8.  Any offence involving the use of violence to property committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

9.  Any offence of driving a motor vehicle when under the influence of drink or drugs, or with alcohol concentration above a prescribed limit, committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

Article 4

SCHEDULE 2 FORM OF CERTIFICATE TO BE GIVEN BY THE NORWEGIAN DIRECTOR GENERAL'S OFFICE OF PUBLIC PROSECUTIONS TO CERTIFY THE CONVICTION OF A PERSON IN NORWAY OF AN OFFENCE SPECIFIED IN SCHEDULE 1 TO THE FOOTBALL SPECTATORS (CORRESPONDING OFFENCES IN NORWAY) ORDER 1996

Explanatory Note

(This note is not part of the Order)

Article 2 of, and Schedule 1 to, this Order specify offences under the law of Norway which appear to Her Majesty to correspond to certain of the offences specified in Schedule 1 to the Football Spectators Act 1989. Under section 22 of that Act proceedings may be commenced before magistrates against a person who resides or is believed to reside in an area in England or Wales if that person has been convicted of such an offence. Under such proceedings a restriction order may be made against such a person. Under section 19 of that Act the person to whom such an order applies may be required to report to a police station in England or Wales on the occasion of a football match played in any country outside England and Wales of a description for the time being designated by order under section 14(2) of that Act.

Article 3 specifies the Director General’s Office of Public Prosecutions as the authority in Norway by which a certificate may be made certifying a person’s conviction for one of the offences specified in Schedule 1 to this Order. Article 4 prescribes the form of the certificate. Under section 22(10) of the Football Spectators Act 1989 such a certificate is admissible in proceedings under Part II of that Act (which concerns restriction orders) as evidence of the facts therein stated. Under section 22(11) such facts are to be taken as proved (on production of the certificate and proof that the persons against whom the proceedings are brought as the person whose conviction is certified) unless the contrary is proved.

(1)

1989 c. 37; Schedule 1 was amended by section 5(3) of the Football Offences Act 1991 (c. 19).

(2)

The power in section 22(1) is supplemented by section 22(9) of that Act.