Part 3

Miscellaneous

Other

Removal of sports grounds etc. from private security industry regulation
63
In section 4 of the Private Security Industry Act 2001 (c. 12)
(exemptions from licensing requirement) after subsection (5) insert—
6
A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.
7
An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if—
a
it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and
b
that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view.
8
In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises.
9
In this section “a relevant employee”, in relation to a certified sports ground or certified sports stand, means a person employed by—
a
the holder of its safety certificate;
b
a person who manages the ground or stand or occupies the premises where it is or owns an interest in those premises;
c
a company which is in the same group as a company falling within paragraph (b).
10
In this section a reference to the use of a certified sports ground for purposes for which the safety certificate has effect is a reference to—
a
the use of the ground for activities specified in a general safety certificate in force in respect of the use of that ground; or
b
the use of the ground, on an occasion specified in a special safety certificate which is so in force, for activities specified in that certificate.
11
In this section a reference to the use of a certified sports stand for purposes for which the safety certificate has effect is a reference to—
a
the use of the stand for viewing activities specified in a general safety certificate in force in respect of the use of that stand; or
b
the use of the stand, on an occasion specified in a special safety certificate which is so in force, for viewing activities specified in that certificate.
12
In this section—
- “certified sports ground” means a sports ground in respect of which a safety certificate is in force;
- “certified sports stand” means a sports stand in respect of which a safety certificate is in force;
- “company”, “holding company” and “subsidiary” have the same meanings as in section 736 of the Companies Act 1985 (c. 6);
- “group”, in relation to a company, means a holding company and all of its subsidiaries;
- “safety certificate”, “general safety certificate” and “special safety certificate”—
  1. in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and
  2. in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act);
- “sports ground” has the same meaning as in that Act of 1975 (see section 17(1) of that Act);
- “sports stand” means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act);
- “visiting team”, in relation to a certified sports ground (“the home ground”) or a certified sports stand contained in any premises (“the home premises”) means a team which uses as its base, or as one of its bases, any premises which are either—
  1. a certified sports ground which is not the home ground (“the visitors' ground”); or
  2. premises which are not the home premises and which contain a certified sports stand (“the visitors' premises”);
- “visitors' ground” and “visitors' premises”, in relation to a visiting team, have the meanings given by the previous definition.