2. In paragraph 1 of Schedule 1 to the Football Spectators Act 1989 (football banning orders: relevant offences)(1), after sub-paragraph (y), insert—
“(z)any offence under section 4(3) or 5 of the Misuse of Drugs Act 1971 (supply or possession etc. of controlled substances)(2) committed by the accused in relation to a Class A drug, as defined in section 2(1)(b) of that Act, at any football match to which this Schedule applies or while entering or trying to enter the ground.”
“Relevant offence” is defined in section 14(1) of the 1989 Act. Paragraphs 1(v) to (y) of Schedule 1 to the Football Spectators Act 1989 were inserted by sections 190(1), (2), and (6) of the Police, Crime, Sentencing and Courts Act 2022. Other amendments have been made to Schedule 1 which are not relevant to these Regulations.
Section 4(3) of the Misuse of Drugs Act 1971 (c. 38) makes it an offence for a person to supply or offer to supply a controlled drug to another person, or to be concerned in that supply or offer. Section 5(2) makes it an offence for a person to have a controlled drug in their possession. Section 5(2A) was inserted by section 151 and paragraphs 1 and 6 of Schedule 17 to the Police Reform and Social Responsibility Act 2011 and provides that section 5(2) does not apply to a “temporary class drug” under Section 2A. Section 5(3) makes it an offence for a person to have a controlled drug in their possession with the intent to supply it in contravention of section 4(1). Section 2(1) provides that controlled drugs are listed in Schedule 2 to that Act, “Class A” drugs being listed in Part I of Schedule 2.