Part 2Public order etc.

Chapter 1Football banning orders

Miscellaneous and general

67Service of documents

1

A document required by this Chapter to be served on a person is served on the person if—

a

given to the person; or

b

sent to the person by registered post or a recorded delivery service.

2

A certificate of posting of a letter sent under subsection (1)(b) issued by the postal operator concerned is sufficient evidence of the sending of the letter on the day specified in the certificate.

3

In subsection (2), “postal operator” has the meaning given by F1section 27 of the Postal Services Act 2011 (c.5).

68Offences under this Chapter

C11

A person who fails to comply with any requirement imposed on the person—

a

by a football banning order;

b

under section 61(1); or

c

by a notice under section 61(4),

commits an offence.

C12

It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.

3

A person who commits an offence under subsection (1)(a) or (c) is liable on summary conviction to—

a

imprisonment for a term not exceeding 6 months;

b

a fine not exceeding level 5 on the standard scale; or

c

both such imprisonment and such a fine.

4

A person who commits an offence under subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

C15

A person who, in connection with an application under section 64 to be exempted from a notice under section 61(4)—

a

knowingly or recklessly makes a statement which is false or misleading in a material particular; or

b

knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,

commits an offence.

6

A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

69Interpretation of Chapter 1

1

In this Chapter—

  • the football banning orders authority” means the chief constable of the F2Police Service of Scotland; and

  • passport” means a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77).

2

The Scottish Ministers may by order modify the definition of “the football banning orders authority” in subsection (1).