Fire Safety and Safety of Places of Sport Act 1987

28 Issue of certificates. E+W+S

(1) For the purposes of this Part, the following persons qualify for the issue of a safety certificate for a regulated stand at a sports ground, that is to say—

(a) the person who qualifies for the issue of a general safety certificate is the person who is responsible for the management of the ground; and

(b) the person who qualifies for the issue of a special safety certificate for viewing an activity from the stand on any occasion is the person who is responsible for organising that activity.

(2) The local authority for an area shall, in respect of any stand at a sports ground in their area which appears to them to be a regulated stand, make a preliminary determination whether or not that stand is a regulated stand and, if they determine that it is, they shall serve a notice on the person who appears to them to qualify for the issue of a general safety certificate stating their determination and the effects of it.

(3) Subject to subsection (4) below, a preliminary determination that a stand at a sports ground is a regulated stand shall become final at the end of the period of two months beginning with the date of the notice of it.

(4) A local authority may revoke a determination of theirs that a stand at a sports ground is a regulated stand—

(a) at any time before it becomes final, or

(b) on considering an application for a general safety certificate for the stand, whether the determination has or has not become final.

(5) A local authority may, at any time before a determination of theirs that a stand at a sports ground is a regulated stand becomes final, withdraw the notice of it and serve a further notice under subsection (2) above on another person, but if they do so the period of two months at the end of which the determination becomes final shall be treated as beginning with the date of the further notice.

(6) If a local authority receive an application for a general safety certificate for a regulated stand at a sports ground in their area, it shall be their duty—

(a) if they have not already done so, to determine whether the stand is a regulated stand and, if they determine that it is, to determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it;

(b) if they have made a determination that the stand is a regulated stand and do not decide to revoke it, to determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it;

and a determination made under paragraph (a) above that a stand is a regulated stand is, when made, a final determination.

(7) If the local authority, on an application made under subsection (6) above in relation to a stand which they have determined or determine is a regulated stand, determine that the applicant is the person who qualifies for the issue of the general safety certificate they shall (if no such certificate is in operation) issue to him such a certificate.

(8) If a local authority receive an application for a special safety certificate for a regulated stand at a sports ground in their area as respects which stand a general safety certificate is in operation, it shall be their duty to determine whether the applicant qualifies for the issue of a special safety certificate for it and, if they determine that he does, they may issue to him a special safety certificate.

(9) The local authority shall, if they determine that an applicant for a safety certificate does not qualify for the issue of the certificate, serve on him a notice stating their determination.

F1 (10) The local authority shall send a copy of an application for a safety certificate for a regulated stand at a sports ground to [F1 the chief officer of police and where the local authority is in [F2 Wales,] Greater London or a metropolitan county, the fire authority or, in any other case, the building authority for the area in which it] [F1 —

(a) the chief officer of police, and

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

(c) if the local authority are not the building authority, the building authority,

for the area in which the sports ground] is situated, and shall consult them about the terms and conditions to be included in the certificate.

(11) The local authority may, by notice, require an applicant for a safety certificate to furnish them within such reasonable time as they may specify in the notice with such information and such plans of the ground as they consider necessary for the purpose of discharging their functions in respect of the issue of safety certificates for the regulated stands at the ground.

(12) If an applicant for a safety certificate fails to comply with a requirement under subsection (11) above within the time specified by the local authority, or within such further time as they may allow, he shall be deemed to have withdrawn his application.

Textual Amendments

F1 Words in s. 28(10) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 63(2); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F2 Word in s. 28(10) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 81(1)(a) (with ss. 54(5)(7), 55(5) Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2