Football

Spectators Act 1989

CHAPTER 37

LONDON
HER MAJESTY'S STATIONERY OFFICE
 Football Spectators Act 1989
CHAPTER 37

ARRANGEMENT OF SECTIONS

PART I
FOOTBALL MATCHES IN ENGLAND AND WALES
Preliminary
Section
1. Scope and interpretation of this Part.

National Membership Scheme

2. Offences relating to unauthorised attendance at designated
football matches.
3. The Football Membership Authority.
4. National membership scheme: making, approval, modification
etc.
5. National membership scheme: contents and penalties.
6. Phased application of scheme.
7. Disqualification for membership of scheme.

Licences to admit spectators

8. The Football Licensing Authority.
9. Offence of admitting spectators to unlicensed premises.
10. Licences to admit spectators: general.
11. Power of Secretary of State to require conditions in licences
relating to seating.
12. Licences to admit spectators: revocation and suspension.
13. Licensing authority's powers in relation to safety at football
grounds.

PART II
FOOTBALL MATCHES OUTSIDE ENGLAND AND WALES
Preliminary
14. Scope and interpretation of this Part.

Restriction orders
15. Restriction orders.
c. 37 Football Spectators Act 1989

Section
16. Effect of order.
17. Application to terminate restriction order.
18. Information.

Reporting
19. Functions of enforcing authority and local police.
20. Exemptions from requirement to report as respects a match.
21. Functions of enforcing authority: supplementary provisions.

Relevant offences outside England and Wales

22. Restriction orders arising out of offences outside England and
Wales.

PART III
GENERAL
23. Further provision about, and appeals against, declarations of
relevance.
24. Offences by bodies corporate.
25. Service of documents.
26. Financial provision.
27. Citation, commencement, consequential repeal and extent.
SCHEDULES:
Schedule 1—Relevant Offences.
Schedule 2—The Football Licensing Authority:
Supplementary Provisions.
 ELIZABETH II c. 37

Football Spectators Act 1989

1989 CHAPTER 37

An Act to control the admission of spectators at designated

football matches in England and Wales by means of a national
membership scheme and licences to admit spectators; to provide
for the safety of spectators at such matches by means of such
licences and the conferment of functions on the licensing
authority in relation to safety certificates. for grounds at which
such matches are played; and to provide for the making by courts
and the enforcement of orders imposing restrictions on persons
convicted of certain offences for the purpose of preventing
violence or disorder at or in connection with designated football
matches played outside England and Wales.
[16th November 1989]

E IT ENACTED by the Queen's most Excellent Majesty, by and

B with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:—

PART I
FOOTBALL MATCHES IN ENGLAND AND WALES
Preliminary
1 .—( 1) This Part of this Act applies in relation to association football Scope and
matches played in England and Wales which are designated football interpretation of
matches and the following provisions have effect for its interpretation, this Part.

(2) "Designated football match" means any such match of a

description for the time being designated for the purposes of this Part by
order made by the Secretary of State or a particular such match so
designated.
(3) The Secretary of State shall not make a designation under
subsection (2) above without giving the Football Membership Authority
an opportunity to make representations about the proposed designation,
and taking any representations he receives into account.
2 c. 37 Football Spectators Act 1989

PART 1 (4) An order under subsection (2) above—

(a) may designate descriptions of football matches wherever played
or when played at descriptions of ground or in any area specified
in the order; and
(b) may provide, in relation to the match or description of match
designated by the order or any description of match falling
within the designation, that spectators admitted to the ground
shall be authorised spectators to the extent, and subject to any
restrictions or conditions, determined in pursuance of the order
by the licensing authority under this Part of this Act.
(5) The "national football membership scheme" (or "the scheme")
means the scheme made and approved and for the time being in force
under section 4 below for the purpose of restricting the generality of
spectators attending designated football matches to persons who are
members of the scheme.
(6) A person is, in relation to any designated football match, an
"authorised spectator" if—
(a) he is a member of the national football membership scheme or is
otherwise authorised by the scheme to attend the match; or
(b) he is an authonsed spectator by virtue of subsection (4)(b) above,
and a person is not to be treated as a "spectator" in relation to such a
match if the principal purpose of his being on the premises is to provide
services in connection with the match or to report on it.

(7) A "licence to admit spectators" is a licence granted in respect of any

premises by the licensing authority under this Part of this Act authorising
the admission to the premises of spectators for the purpose of watching
any designated football match played at those premises.
(8) Each of the following periods is "relevant to" a designated football
match, that is to say—
(a) the period beginning—
(i) two hours before the start of the match, or
(ii) two hours before the time at which it is advertised to
start, or
(iii) with the time at which spectators are first admitted to
the premises,
whichever is the earliest, and ending one hour after the end of
the match;
(b) where a match advertised to start at a particular time on a
particular day is postponed to a later day, or does not take
place, the period in the advertised day beginning two hours
before and ending one hour after that time.
(9) A person is a "responsible person" in relation to any designated
football match at any premises if he is a person concerned in the
management of the premises or in the organisation of the match.
(10) The power to make an order under subsection (2) above is
exercisable by statutory instrument which shall be subject to annulment
in pursuance of a resolution of either House of Parliament.
 Football Spectators Act 1989 c. 37 3

(11) The imposition under this Part of this Act of restrictions on the PART I
persons who may attend as spectators at any designated football match
does not affect any other right of any person to exclude persons from
admission to the premises at which the match is played.

National Membership Scheme

2.—( 1) If a person who is not, in relation to the match, an authorised Offences relating
spectator enters or remains on premises as a spectator during a period to unauthorised
relevant to a designated football match that person commits an offence attendance at
and so does a person who attempts to commit an offence under this designated
football matches.
subsection of entering premises.
(2) Where a person is charged under subsection (1) above with an
offence of entering or remaining on premises, and was at the time of the
alleged offence not disqualified from being a member of the national
football membership scheme, it shall be a defence to prove that he was
allowed to enter the premises as a spectator by a person reasonably
appearing to him to have lawful authority to do so.
(3) A person guilty of an offence under subsection (1) above shall be
liable on summary conviction to imprisonment for a term not exceeding
one month or a fine not exceeding level 3 on the standard scale or to both.
(4) A constable who reasonably suspects that a person has committed
an offence under subsection (1) above may arrest him without a warrant.

3.—( 1) There shall be a body responsible for the administration of the The Football
national football membership scheme which shall be designated for the Membership
purpose by the Secretary of State under the name (and herein referred to Authority.
as) "the Football Membership Authority".
(2) Subject to subsection (4) below, the Secretary of State may
designate as the Football Membership Authority any body corporate
formed for the purpose by the Football Association and the Football
League or any body corporate formed by any other persons or, for the
purpose, on his behalf.
(3) The Secretary of State may withdraw the designation of a body
under this section, whether at the instance of the body or at his own
instance.
(4) The Secretary of State shall not designate any body corporate as the
Football Membership Authority unless he is satisfied that its articles of
association make provision securing—
(a) that its Board shall comprise a chairman and six other members,
of whom the chairman and four of the other members are
persons approved by the Secretary of State bet öre their election
as chairman or as member, as the case may be, and the
remaining two members are persons nominated by the
Secretary of State, and
(b) that the chairman shall be a person who has no such financial or
other interest as is likely to affect prejudicially the performance
of his functions as chairman;
and all the members of the Board shall hold office in accordance with the
articles of association of the body corporate.
4 c. 37 Football Spectators Act 1989

PART I (5) The Secretary of State may withdraw the designation of a body
corporate as the Football Membership Authority if he ceases to be
satisfied of the matters mentioned in subsection (4) above.
(6) The functions of a body as the Football Membership Authority
shall be assumed or, on withdrawal of its designation, divested on the date
specified by the Secretary of State when making or withdrawing the
designation but subject to subsection (7) below and without prejudice to
its duty under subsection (8) below.
(7) No date other than 1st June in any year shall be specified under
subsection (6) above as the date on which functions are to be assumed or
divested, but this does not apply—
(a) to the initial designation of a body as the Football Membership
Authority, or
(b) where the Secretary of State withdraws the designation of a body
on the ground that the body has failed to discharge its duties as
the Football Membership Authority or is being wound up or
that a receiver or manager of its property has been appointed.
(8) It shall be the duty of the Football Membership Authority to make
to the Secretary of State a report on the discharge of its functions during
each period of twelve months beginning with 1st June in any year and the
Secretary of State shall lay a copy of the report before each House of
Parliament.
(9) Where a body assumes or is divested of its functions as the Football
Membership Authority on a date other than 1st June subsection (8) above
shall have effect as if it required a report to be made for such period as the
Secretary of State directs.
(10) Where the Secretary of State withdraws the designation of a body
as the Football Membership Authority, he shall, as soon as it appears to
him to be appropriate to do so, lay before each House of Parliament a
report stating his reasons for the withdrawal.
(11) On the withdrawal of the designation of a body as the Football
Membership Authority, the scheme shall cease to have effect but the
Secretary of State may, by order, provide for the transfer of the body's
property, rights and liabilities under the scheme to its successor as the
Football Membership Authority on such terms and conditions as may be
determined by the Secretary of State.
(12) The power to make an order under subsection (11) above is
exercisable by statutory instrument.

National 4.—(1) The Football Membership Authority shall, as soon as

membership reasonably practicable after its designation takes effect, prepare a draft
scheme: scheme which fulfils the requirements of section 5 below.
making,
approval, (2) The Football Membership Authority shall, before exercising any of
modification etc.
its functions under this section—
(a) consult the Football Association, the Football Association of
Wales and the Football League; and
(b) give such persons as appear to it to represent the interests of
football supporters an opportunity to make representations.
 Football Spectators Act 1989 c. 37 5

(3) When the draft scheme is complete the Football Membership PART I
Authority shall submit it to the Secretary of State for his approval and the
Secretary of State, if satisfied that the draft scheme fulfils those
requirements, may if he thinks fit by order approve it either as submitted
or with any modifications that may be agreed; and if he does so, he shall
lay a copy of the scheme as approved before each House of Parliament.
(4) Where the Secretary of State approves the scheme under subsection
(3) above, then, subject to subsection (8) below, the scheme shall enter
into force on such date as may be agreed between the Secretary of State
and the Football Membership Authority.
(5) At any time during the currency of the scheme the Secretary of
State and the Football Membership Authority may agree—
(a) to modify the scheme, or
(b) to replace the scheme with another scheme,
in accordance with the requirements of section 5 below.
(6) Where the Secretary of State and the Football Membership
Authority agree to modify the scheme—
(a) the Secretary of State shall lay a copy of the modifications before
each House of Parliament, and
(b) the modifications agreed on shall enter into force on such date as
may be agreed and the scheme shall have effect accordingly.
(7) Where the Secretary of State and the Football Membership
Authority agree to replace the scheme—-
(a) the Secretary of State shall by order confirm his agreement to the
new scheme and shall lay a copy of it before each House of
Parliament, and
(b) subject to subsection (8) below, the new scheme shall enter into
force and the existing scheme shall cease to be in force on such
date as may be agreed.
(8) The powers of the Secretary of State to make orders under this
section are exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.

5.—( 1) The requirements for a national football membership scheme National

referred to in section 4(1) and (5) above are those specified in subsection membership
(2) below, scheme:
contents and
(2) The scheme must include provision— penalties.

(a) securing that the only spectators permitted to attend at

designated football matches are authorised spectators;
(b) providing for temporary membership of the scheme, including (in
particular) the temporary membership of football club guests;
(c) providing for the admission as spectators at designated football
matches, without their being members of the scheme, of—
(i) disabled persons, and
(ii) accompanied children,
in such circumstances and subject to such conditions as are
specified in the scheme;
6 c. 37 Football Spectators Act 1989

PART I (d) securing that persons who are disqualified under section 7 below
are excluded from membership while so disqualified;
(e) providing for the exclusion from membership, for an appropriate
period not exceeding two years determined under the scheme,
of persons who are, by reference to circumstances specified in
the scheme, determined under the scheme to be unfit for
membership and for notifying persons who are excluded from
membership of the grounds for the exclusion;
(1) imposing pecuniary penalties on any persons having functions
under the scheme for failure to discharge those functions;
(g) imposing requirements as respects the procedure to be followed
in dealing with applications for membership of the scheme and
requiring that in Wales any application form for membership of
the scheme shall also be available in Welsh;
(h) imposing requirements on responsible persons as respects the
procedure to be followed and equipment to be used in relation
to any designated football match to secure that, except in an
emergency, the only spectators admitted to and permitted to
remain on the premises are authorised spectators;
(i) to such effect, in relation to the admission of spectators to the
premises, as the Secretary of State may specify in writing;
(j) establishing and maintaining a central register of members of the
scheme;
(k) regulating the form and contents of membership cards; and
establishing procedures for the making and consideration of
(1)
representations against decisions made under the scheme
refusing or withdrawing membership of it and for the
independent review of the decisions in the light of the
representations;
and in this subsection "accompanied children" means persons under the
age of 10 years in the charge of an authorised spectator.

(3) The scheme may make provision—

(a) for the discharge of functions under the scheme by persons
specified the scheme on such terms as may be agreed with the
Football Membership Authority and approved by the Secretary
of State;
(b) for the imposition of charges under the scheme (including
different charges for different cases) in connection with the issue
of membership cards to persons becoming members of the
scheme; and
(c) providing for the admission as spectators at designated football
matches, without their being members of the scheme, of
descriptions of person specified in the scheme in such
circumstances and subject to such conditions as are so specified.

(4) The scheme may make different provision for different

circumstances.
 Football Spectators Act 1989 c. 37 7

(5) Information obtained from persons under the national football PART I
membership scheme shall be treated as not obtained under an enactment
for the purposes of paragraph 1(2) of Part II of Schedule 1 to the Data 1984 c. 35.
Protection Act 1984 (which treats information obtained under
enactments as fairly obtained).
(6) Nothing in section 28(1) and (2) of the Data Protection Act 1984
(which exempt personal data relating to crime from the subject access
provisions in certain cases) shall apply to personal data held by the
Football Membership Authority for the purposes of the national football
membership scheme.
(7) Any person commits an offence who, for the purpose of being
admitted to.membership of the national football membership scheme—
(a) makes a statement which he knows to be false or misleading in a
material particular or recklessly makes a statement which is
false or misleading in a material particular, or
(b) produces, furnishes, signs or otherwise makes use of a document
which he knows to be false or misleading in a material particular
or recklessly produces, furnishes, signs or otherwise makes use
of a document which is false or misleading in a material
particular.
(8) A person guilty of an offence under subsection (7) above shall be
liable on summary conviction to a fine not exceeding level 3 on the
standard scale.

6.—( 1) The Secretary of State, in exercising his function of designating Phased

football matches under section 1(2) above as matches in relation to which application of
the national football membership scheme applies, shall have regard to scheme.
whether it is desirable to achieve a phased application of the scheme.
(2) For this purpose—
(a) the Football Membership Authority shall consider the possibility
of a phased application of the scheme and may make
recommendations to the Secretary of State; and
(b) the Secretary of State shall have regard to any recommendations
so made.

7.—( 1) Any person who is subject to an exclusion order under section Disqualification
30 of the Public Order Act 1986 (exclusion from prescribed football for membership
matches) whenever made is disqualified from becoming or continuing to of scheme.
be a member of the national football membership scheme and while he is 1986 c. 64.
so subject he shall not be admitted as a member of the scheme or, if he is
a member, his membership shall be withdrawn.
(2) Any person convicted of a relevant offence is disqualified from
becoming or continuing to be a member of the national football
membership scheme, and the following provisions of this section have
effect in relation to such a person.
(3) The period during which a person's disqualification under
subsection (2) above continues shall be—
(a) in a case where he was sentenced to a period of imprisonment
taking immediate effect, five years, and
8 c. 37 Football Spectators Act 1989

PART I (b) in any other case, two years,

beginning with the date of the conviction.
(4) During the period for which a person is disqualified he shall not be
admitted as a member of the scheme or, if he is a member, his membership
shall cease on the date of the conviction.
(5) The offences relevant for the purposes of subsection (2) above are
those specified in Schedule I to this Act as relevant offences (with or, as
the case may be, without a declaration of relevance).
(6) In the application of Schedule 1 to this Act for the purposes of this
Part of this Act the references in that Schedule to designated football
matches include in paragraphs (h), (i), (k) and (1) references to football
matches designated for the purposes of Part II of this Act.
(7) Where a court convicts a person of a relevant offence, then—
(a) the court—
(i) shall, except in the case of an offence under section 2(1)
or 5(7) above, certify that the offence is a relevant offence, and
(ii) shall explain to him in ordinary language the effect of
the conviction on his membership of the national football
membership scheme; and
(b) the clerk of the court (in the case of a magistrates' court) or the
appropriate officer (in the case of the Crown Court)—
(i) shall (as soon as reasonably practicable) send to the
Football Membership Authority and to the chief officer of
police for the police area in which the offence was committed
notice of the conviction and sentence and of the giving of any
certificate that the offence is a relevant offence, and
(ii) shall give a copy of the notices to the person who was
convicted of the offence.
(8) Where, on an appeal against a person's conviction of the relevant
offence or against a sentence of impnsonment imposed on him in dealing
with him for the offence, his conviction is quashed or the sentence is
reduced to one which is not a sentence of imprisonment taking immediate
effect, the court which determines the appeal or, as the case may be, the
court to which the case is remitted, shall cause notice of the quashing of
the conviction or of the sentence imposed to be sent to the persons
specified in subsection (7)(b)(i) and (ii) above and, where his conviction is
quashed, the Authority shall re-admit him to membership of the scheme,
but without prejudice to any proceedings under the scheme to exclude
him from membership.
(9) A person in relation to whom a probation order was made under
1973 c. 62. Part III of the Powers of Criminal Courts Act 1973 shall, notwithstanding
anything in section 13 of that Act (convictions to be disregarded for
purposes of disqualification), be treated as having been convicted of the
offence for the purposes of this section.
(10) In this section and Schedule I to this Act—
(a) "declaration of relevance", in relation to an offence, means a
declaration that the offence related to football matches;
(b) "imprisonment" includes any form of detention (or, in the case
of a person under twenty-one years of age sentenced to custody
for life, custody); and
 Football Spectators Act 1989 c. 37 9

(c) the reference to a clerk of a magistrates' court is to be construed PART I

in accordance with section 141 of the Magistrates' Courts Act 1980 c. 43.
1980, reading references to that Act as references to this section.

Licences to admit spectators

8.—( 1) There shall be a body called the Football Licensing Authority The Football
(in this Part of this Act referred to as "the licensing authority") which Licensing
shall perform the functions assigned to it by this Part of this Act. Authority.

(2) The licensing authority shall consist of a chairman and not less
than 4 nor more than 8 other members.
(3) The chairman and other members of the licensing authority shall
be appointed by the Secretary of State.
(4) Schedule 2 to this Act shall have effect with respect to the licensing
authority.
(5) The expenses of the licensing authority shall be paid by the Secretary
of State.

9.—( 1) Subject to subsection (2) below, if persons are admitted as Offence of

spectators to, or permitted to remain as spectators on, any premises admitting
during a period relevant to a designated football match without a licence spectators to
to admit spectators being in force any responsible person commits an unlicensed
premises.
offence.
(2) Where a person is charged with an offence under this section it shall
be a defence to prove either that the spectators were admitted in an
emergency or—
(a) that the spectators were admitted without his consent; and
(b) that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence.
of an offence under this section shall be liable—
(3) A person guilty
(a) on summary conviction, to a fine not exceeding the statutory
maximum; or
(b) on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years, or to both.

1O.—( 1) The licensing authority may, on an application duly made by Licences to

a responsible person, grant a licence to admit spectators to any premises admit spectators:
for the purpose of watching any designated football match played at general.
those premises.
(2) An application for a licence in respect of any premises shall be
made in such manner, in such form and accompanied by such fee as may
be determined by the Secretary of State.
(3) The licensing authority shall not refuse to grant a licence without—
(a) notifying the applicant in writing of the proposed refusal and of
the grounds for it;
(b) giving him an opportunity to make representations about them
within the period of twenty-eight days beginning with the
service of the notice; and
10 c. 37 Football Spectators Act 1989

PART I (c) taking any representations so made into account in making its
decision.
(4) A licence to admit spectators to any premises may authorise the
admission of spectators to watch all designated football matches or
specified descriptions of designated football matches or a particular such
match.
(5) A licence to admit spectators shall be in writing and shall be
granted on such terms and conditions as the licensing authority considers
appropriate and, if the Secretary of State gives to the licensing authority
a direction under section 11 below, the conditions may include conditions
imposing requirements as respects the seating of spectators.
(6) A licence to admit spectators may also include conditions requiring
specified descriptions of spectators to be refused admittance to the
premises to watch designated football matches or specified descriptions
of designated football matches or a particular such match.
(7) Where a designation order includes the provision authonsed by
section 1 (4)(b) above as respects the admission of spectators to any
ground as authorised spectators, the licensing authority may, by notice in
writing to the licence holder, direct that, for the purposes of any match or
description of match specified in the direction, the licence shall be treated
as including such specified terms and conditions as respects the admission
of spectators as authorised spectators as the licensing authority considers
appropriate; and the licence shall have effect, for that purpose, subject to
those terms and conditions.
(8) It shall be a condition of every licence that any authorised person
shall be entitled, on production, if so required, of his authority—
(a) to enter at any reasonable time any premises on which a
designated football match is being or is to be played;
(b) to make such inspection of the premises and such inquiries
relating to them as he considers necessary for the purposes of
this Part of this Act; or
(c) to examine any records relating to the operation of the national
football membership scheme on the premises, and take copies of
such records.
(9) A licence to admit spectators shall, unless revoked or suspended
under section 12 below or surrendered, remain in force for a specified
period.
(10) Subject to subsection (11) below, the licensing authority may at
any time, by notice in writing to the licence holder, vary the terms and
conditions of the licence.
(11) The licensing authority shall not vary the terms or conditions of a
licence without—
(a) notifying the licence holder in writing of the proposed alterations
or additions;
(b) giving him an opportunity to make representations about them
within the period of twenty-one days beginning with the service
of the notice; and
(c) taking any representations so made into account in making the
decision.
 Football Spectators Act 1989 c. 37 11

(12) In taking any decision under this section the licensing authority PART I
shall have regard, among the other relevant circumstances, to the
following matters or to such of them as are applicable to the decision, that
is to say—
(a) whether the premises and the equipment provided and
procedures used at the premises are such as to secure that,
except (in the case of the procedures) in an emergency, only
authorised spectators are admitted to designated football
matches;
(b) whether and to what extent the requirements imposed for that
purpose by the national football membership scheme on
responsible persons have been complied with;
(c) whether the equipment provided, procedures used and other
arrangements in force at the premises are such as are reasonably
required to prevent the commission or minimise the effects of
offences at designated football matches; and
(d) such other considerations as the Secretary of State determines
from time to time and notifies to the licensing authority.
(13) Subject to subsection (14) below, if any term or condition of a
licence is contravened any responsible person commits an offence.
(14) Where a person is charged with an offence under subsection (13)
above it shall be a defence to prove—
(a) that the contravention took place without his consent; and
(b) that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence.

(15) A person guilty of an offence under subsection (13) above shall be

liable, on summary conviction, to a fine not exceeding level 5 on the
standard scale.
(16) The fees charged on the issue of licences—
(a) may be fixed so as to reimburse the licensing authority their
expenses under this Part of this Act; and
(b) shall be paid by the licensing authority to the Secretary of State.

(17) In this section—

"authorised person" means any person authorised by the Secretary
of State, the licensing authority or the Football Membership
Authority;
"specified" means specified in the licence or in the case of subsection
(7) in the direction; and
"vary", in relation to a licence, includes the addition of further terms
or conditions.

11 .—( 1) The Secretary of State may, by order, direct the licensing Power of
authority to include in any licence to admit spectators to any specified Secretary of
premises a condition imposing requirements as respects the seating of State to require
spectators at designated football matches at the premises; and it shall be
the duty of the authonty to comply with the direction. to
12 c. 37 Football Spectators Act 1989

I (2) The requirements imposed by a condition in pursuance of this

section may relate to the accommodation to be provided at, or the
arrangements to be made as respects the spectators admitted to, the
premises.
(3) A direction may require the licensing authority to include the
condition in the licence when granting it or by way of varying the
conditions of a licence.
(4) Before giving a direction under this section in relation to any
premises the Secretary of State shall consult the licensing authority which
may, if it thinks fit, make recommendations to him.
(5) The licensing authority shall not make any recommendations under
subsection (4) above without consulting the local authority in whose area
the premises are situated.
(6) The power to make an order containing a direction under this
section is exercisable by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of Parliament.
(7) In this section "local authority" has the same meaning as in the
1975 c. 52. Safety of Sports Grounds Act 1975.

Licences to 12.—(1) The licensing authority may, subject to subsections (2), (3) and
admit spectators: (4) below, at any time, by notice in writing to the holder of a licence to
revocation and admit spectators, revoke the licence or suspend the licence indefinitely or
suspension, for such period as the authority considers appropriate.
(2) The licensing authority shall not suspend or revoke a licence under
this section unless satisfied that it is necessary to do so having regard to
the matters which are relevant for the purposes of this section.
(3) The matters which are relevant for the purposes of this section
are—
(a) the matters specified in paragraphs (a), (b) and (c) of section
10(12) above; and
(b) such other considerations as the Secretary of State determines
from time to time and notifies to the licensing authority.
(4) The licensing authority shall not revoke or suspend a licence to
admit spectators without—
(a) notifying the licence holder of the proposed revocation or
suspension and of the grounds for it;
(b) giving him an opportunity to make representations about the
matter within the period of twenty-one days beginning with the
date of the service of the notice; and
(c) taking any representations so made into account in making the
decision.
(5) The licensing authority may, if satisfied that the urgency of the case
so requires, suspend a licence under this section without observing the
requirements of subsection (4) above but the authority shall, as soon as
is practicable, notify the person to whom the licence was granted of the
grounds for the suspension.
(6) A licence suspended under this section shall during the time of
suspension be of no effect.
 Football Spectators Act 1989 c. 37 13

(7) Where a licence has been suspended under this section the person PART I
to whom the licence was granted may at any time apply to the licensing
authority to terminate the suspension and the licensing authority may
terminate the suspension if it appears to be appropriate to do so having
regard to the relevant matters and after taking into account any
representations made by the applicant.

13.—( 1) The licensing authority shall have the function of keeping Licensing
under review the discharge by local authorities of their functions under authority's
the Safety of Sports Grounds Act 1975 in relation to sports grounds at powers in
relation to safety
which designated football matches are played and shall have the powers
conferred in relation to those functions by the following provisions of this
section. 1975 c. 52.

(2) The licensing authority may, by notice in writing to the local

authority concerned, require the local authority to include in any safety
certificate such terms and conditions as are specified in the notice; and it
shall be the duty of the local authority to comply with the requirement.

(3) Before exercising its power under subsection (2) above to require the
inclusion of specified terms and conditions in any safety certificate, the
licensing authority shall consult the local authority, the chief officer of
police and either the fire authority (where the local authority is in Greater
London or a metropolitan county) or the building authority (in any other
case).

(4) As respects those terms and conditions, the local authority need not
consult the chief officer of police, the fire authority or the building
authority under section 3(3) or 4(8) of the Safety of Sports Grounds Act
1975 before issuing a safety certificate or about any proposal to amend or
replace one.
(5) A notice under subsection (2) above may require the issue under that
Act of a safety certificate incorporating the specified terms or conditions
or the amendment under that Act of a safety certificate so that it
incorporates the specified terms or conditions.
(6) Any inspector appointed by the licensing authority may, for the
purposes of the discharge by the licensing authority of its function under
subsection (1) above, on production, if so required, of his authority—
(a) enter at any reasonable time any sports ground at which
designated football matches are played;
(b) make such inspection of the ground and such inquiries relating to
the ground as he considers necessary; or
(c) examine the safety certificate and any records kept under the
Safety of Sports Grounds Act 1975 or this Part of this Act, and
take copies of such records.
(7) The licensing authority may, by notice in writing to any local
authority, require the local authority to furnish to the licensing authority
such information relating to the discharge by the local authority of its
functions under the Safety of Sports Grounds Act 1975 as is specified in
the notice; and it shall be the duty of the local authority to comply with
the requirement.
14 c. 37 Football Spectators Act 1989

I (8) Section 5(3) of the Safety of Sports Grounds Act 1975 (appeals
1915 C. 52. against terms and conditions of safety certificates) shall have effect with
the insertion, after paragraph (ii), of the words "but not against the
inclusion in a safety certificate of anything required to be included in it
by the Football Licensing Authority under section 13(2) of the Football
Spectators Act 1989".
(9) Any expression used in this section and in the Safety of Sports
Grounds Act 1975 has the same meaning in this section as in that Act.

PART II
FOOTBALL MATCHES OUTSIDE ENGLAND AND WALES
Preliminary
Scope and 14.—(l) This Part of this Act applies in relation to football matches
interpretation of played in any country outside England and Wales which are designated
this Part. football matches and the following provisions have effect for its
interpretation.
(2) "Designated football match" means any such match of a
description for the time being designated for the purposes of this Part by
order made by the Secretary of State or a particular such match so
designated.
(3) The power to make orders under subsection (2) above is exercisable
by statutory instrument which shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
(4) A "restriction order" means an order of a court under section 15 or
22 below requiring the person to whom the order applies to report to a
police station on the occasion of designated football matches.
(5) The offences "relevant" for the making by a court of a restriction
order are those specified in Schedule 1 to this Act as relevant offences
(with or, as the case may be, without a declaration of relevance).
(6) In the application of Schedule I to this Act for the purposes of this
Part of this Act the references in that Schedule to designated football
matches are references to football matches designated for the purposes of
Part I of this Act except that in paragraphs (h), (i), (k) and (1) they include
references to football matches designated under subsection (2) above; and
section 1(8) above applies for the interpretation of references to periods
relevant to designated football matches.
(7) The "enforcing authority" means such organisation established by
1964 c. 4. the Secretary of State under section 41 of the Police Act 1964 (common
services organisations) as the Secretary of State designates for the
purposes of this Part of this Act by order made by statutory instrument.
(8) An order under subsection (2) above may, in relation to any
description of football match or any particular football match specified
in the order, direct that reporting is obligatory for all persons subject to
restriction orders or that reporting is obligatory only for such persons
subject to restriction orders as are required to report under section
1 9(3)(b) below.
(9) In this Part of this Act—
"country" includes territory;
 Football Spectators Act 1989 c. 37 15

"declaration of relevance", in relation to an offence, means a PART II

declaration that the offence related to football matches; and
"imprisonment" includes any form of detention (or, in the case of a
person under twenty-one years of age sentenced to custody for
life, custody), "prison" includes any place where a person is
detained or in such custody and "discharge" from prison does
not include temporary discharge.

Restriction orders
1) A court by or before which a person is convicted of a relevant Restriction
offence or, if a person convicted of such an offence is committed to it to orders.
be dealt with, the Crown Court on dealing with him for the offence, may
make a restriction order in relation to him.
(2) No restriction order may be made unless the court is satisfied that
making such an order in relation to the accused would help to prevent
violence or disorder at or in connection with designated football matches.
(3) A restriction order may only be made—
(a) in addition to a sentence imposed in respect of the offence of
which the accused is (or was) convicted; or
(b) in addition to a probation order.
(4) A restriction order may be made as mentioned in subsection (3)(b)
above notwithstanding anything in sections 2 and 13 of the Powers of 1973 c. 62.
Criminal Courts Act 1973 (which relate to probation orders).
(5) A restriction order shall specify the police station in England or
Wales at which the person subject to the order is to report initially.
(6) The court shall, on making the order in relation to the accused,
explain its effect to him in ordinary language.
(7) In section 10(3) of the Criminal Appeal Act 1968 (appeals against 1968 c. 19.
sentence by Crown Court), in paragraph (c), after sub-paragraph (iii)
there shall be inserted "or
(iv) a restriction order under section 15 of the Football
Spectators Act 1989;".

16.—--(1) Subject to subsection (3) below and section 17 below, the Effect of order.
period for which a restriction order has effect in relation to a person
convicted of a relevant offence is—
(a) in a case where he was sentenced in respect of that offence to a
period of imprisonment taking immediate effect, five years, and
(b) in any other case, two years,
beginning with the date of the making of the order.
(2) The duty to report imposed by a restriction order on the person
subject to the order is a duty—
(a) to report initially to the police station specified in the order within
the period of five days beginning with the date of the making of
the order, and
16 c. 37 Football Spectators Act 1989

PART II (b) subject to any exemption, to report on the occasion of designated

football matches when required to do so under section 1 9(3)(b)
below to any police station in England or Wales at the time or
between the times specified in the notice by which the
requirement is imposed.
(3) The duty to report shall, in the case of a person sentenced to or
serving a term of imprisonment, be suspended until his discharge from
prison and the order shall have effect, if he is discharged more than five
days before the expiry of the period for which the order has effect and he
was precluded by his being in prison from reporting initially, as if it
required him to report initially to any police station within the period of
five days beginning with the date of his discharge.
(4) A person who, without reasonable excuse, fails to comply with the
duty to report imposed by a restriction order commits an offence.
(5) A person guilty of an offence under subsection (4) above shall be
liable on summary conviction to imprisonment for a term not exceeding
one month or to a fine not exceeding level 3 on the standard scale or to
both.

Application to 17.—( 1) A person in relation to whom a restriction order has had effect
terminate for at least one year may apply to the court by which it was made to
restnction order. terminate it.
(2) On such an application the court may, having regard to the
person's character, his conduct since the order was made, the nature of
the offence which led to it and any other circumstances of the case, either
by order terminate the restriction order (as from a date specified in the
terminating order) or refuse the application.
(3) Where an application under this section is refused, a further
application in respect of the restriction order shall not be entertained if
made within the period of six months beginning with the day of the
refusal.
(4) The court may order the applicant to pay all or any part of the costs
of an application under this section.
(5) In the case of a restriction order made by a magistrates' court, the
reference in subsection (1) above to the court by which it was made
includes a reference to any magistrates' court acting for the same petty
sessions area as that court.
1980 c. 43. (6) Section 63(2) of the Magistrates' Courts Act 1980 (power to
suspend or rescind orders) does not apply to a restriction order.

Information. 18.—( 1) Where a court makes a restriction order, the clerk of the court
(in the case of a magistrates' court) or the appropriate officer (in the case
of the Crown Court)—
(a) shall give a copy of it to the person to whom it relates;
(b) shall (as soon as reasonably practicable) send a copy of it to the
enforcing authority;
(c) shall (as soon as reasonably practicable) send a copy of it to the
police station (addressed to the officer responsible for the police
station) at which the person subject to the order is to report
initially; and
 Football Spectators Act 1989 c. 37 17

(d) in a case where the person subject to the order is sentenced by the PART II
court to or is serving a term of imprisonment, shall (as soon as
reasonably practicable) send a copy of it to the governor of the
prison or other person to whose custody he will be committed
or in whose custody he is, as the case may be.
(2) Where a court terminates a restriction order under section 17
above, the clerk of the court (in the case of a magistrates' court) or the
appropriate officer (in the case of the Crown Court)—
(a) shall give a copy of the terminating order to the person to whom
the restriction order relates;
(b) shall (as soon as reasonably practicable) send a copy of it to the
enforcing authority; and
(c) in a case where the person subject to the restriction order is
serving a term of imprisonment, shall (as soon as reasonably
practicable) send a copy of the terminating order to the
governor of the prison or other person in whose custody he is,
as the case may be.

(3) Where a person subject to a restriction order is discharged from

prison and, in the case of a person who has not reported initially to a
police station, is discharged more than five days before the expiry of the
restriction order, the governor of the prison or person in whose custody
he is, as the case may be, shall (as soon as reasonably practicable) give
notice of his discharge to the enforcing authority.
(4) References in this section to the clerk of a magistrates' court shall
be construed in accordance with section 141 of the Magistrates' Courts 1980 c. 43.
Act 1980, reading references to that Act as references to this section.

Reporting
19.—(1) The enforcing authority and the officer responsible for the Functions of
police station at which he reports initially shall have the following enforcing
functions as respects any person subject to a restriction order. authonty and
local police.
(2) On a person reporting initially at the police station, the officer
responsible for the station may make such requirements of that person as
are determined by the enforcing authority to be necessary or expedient for
giving effect to restriction orders.
(3) During the currency of a restriction order in force in relation to any
person the enforcing authority shall perform the following functions on
the occasion of any designated football match, that is to say—
(a) where the match is one for which reporting is obligatory for all
persons subject to restriction orders, the authority shall, by
notice in writing to that person, require him to report to a police
station at the time or between the times specified in the notice;
(b) where the match is one for which reporting is obligatory for such
persons only as are required to report under this paragraph, the
authority shall, if that person is one as respects whom
subsection (4) below is satisfied, by notice in writing to that
person, require him to report to a police station at the time or
between the times specified in the notice.
18 c. 37 Football Spectators Act 1989

PART II (4) No requirement to report under subsection (3)(b) above shall be

imposed by the enforcing authority on any person unless imposing it is,
in their opinion, necessary or expedient in order to reduce the likelihood
of violence or disorder at, or in connection with, the designated football
match; and the authority may establish criteria for determining whether
any person or class of persons ought to be required to report under that
paragraph.
(5) The enforcing authority, in exercising their functions under this
section, shall have regard to any guidance issued by the Secretary of State
under section 21 below.
(6) A person who, without reasonable excuse, fails to comply with any
requirement imposed on him under subsection (2) above shall be guilty of
an offence.
(7) A person guilty of an offence under subsection (6) above shall be
liable on summary conviction to a fine not exceeding level 2 on the
standard scale.

Exemptions from 20.—(1) A person who is subject to a restriction order may—

requirement to
report as (a) as respects a particular designated football match, or
respects a match. (b) as respects designated football matches played during a period,
apply to the authority empowered to grant exemptions under this section
("the exempting authority") to be exempt from the duty to report as
respects that match or matches played during that period.
(2) The enforcing authority may grant exemptions under this section
in all cases; but where the application is for an exemption as respects
matches to be played within the period of five days beginning with the
date of the application, or a particular match to be played within that
period, the officer responsible for a police station may, subject to
subsection (3) below, grant the exemption.

(3) The officer responsible for a police station shall not grant an
exemption without referring the question of exemption to the enforcing
authority, unless he considers that it is not reasonably practicable to do
so.

(4) The exempting authority shall exempt the applicant from the duty
to report if he shows to the authority's satisfaction—
(a) that there are special circumstances which justify his being so
exempted; and
(b) that, because of those circumstances, he would not attend the
match or matches if he were so exempted.
(5) The exempting authority shall, in taking any decision under
subsection (4) above, have regard to any guidance issued by the Secretary
of State under section 21 below.
(6) Where an exemption is granted by the exempting authority to a
person under subsection (4) above the duties of the authority under
section 19(3) above and of that person to report shall be suspended as
respects the match or matches to which the exemption applies.
 Football Spectators Act 1989 c. 37 19

(7) A person who is aggrieved by the refusal of the exempting authority PART II
to grant him an exemption under subsection (4) above may, after giving
the authority notice in writing of his intention to do so, appeal to a
magistrates' court acting for the petty sessions area in which he resides.
(8) On any appeal under subsection (7) above the court may make such
order as it thinks fit.
(9) The court may order the appellant to pay all or any part of the costs
of an appeal under subsection (7) above.
(10) Any person commits an offence who, in connection with an
application under this section to be exempted from a duty to report—
(a) makes a statement which he knows to be false or misleading in a
material particular or recklessly makes a statement which is
false or misleading in a material particular, or
(b) produces, furnishes, signs or otherwise makes use of a document
which he knows to be false or misleading in a material particular
or recklessly produces, furnishes, signs or otherwise makes use
of a document which is false or misleading in a material
particular.
(11) A person guilty of an offence under subsection (10) above shall be
liable on summary conviction to a fine not exceeding level 3 on the
standard scale.

21.—(l) The Secretary of State may issue to the enforcing authority Functions of
such guidance as be considers appropriate for the purposes of the exercise enforcing
of their functions under sections 19 and 20 above. authonty:
supplementary
(2) The Secretary of State shall make such arrangements as he ProViSiOns.
considers appropriate for publishing the guidance issued from time to
time under subsection (1) above.
(3) The Secretary of State may make regulations regulating the giving
by the enforcing authority to persons subject to restriction orders of
notices under section 19 above imposing requirements to report to police
stations; and it shall be the duty of the enforcing authority to comply with
the regulations.
(4) Regulations under subsection (3) above may exclude the operation
of section 25 below.
(5) The power to make regulations under subsection (3) above is
exercisable by statutory instrument which shall be subject to annulment
in pursuance of a resolution of either House of Parliament.
(6) Where any notice is given under section 19 above by the enforcing
authority in accordance with regulations under subsection (3) above, the
notice shall be taken to have been received by the person to whom it was
addressed unless he proves that he did not receive the notice and did not
know and had no reasonable cause to believe that he had been required to
report to a police station.
(7) Where any notice is given under section 19 above by the enforcing
authority in accordance with section 25 below, subsection (6) above shall
apply as it applies to such a notice given in accordance with regulations
under subsection (3) above.
20 c. 37 Football Spectators Act 1989

PART II (8) The Secretary of State may pay to the enforcing authority any
expenses incurred by them in exercising their functions under sections 19
and 20 above.

Relevant offences outside England and Wales

Restriction 22.—(1) Her Majesty may, by Order in Council, specify offences
orders arising ("corresponding offences") under the law of any country outside England
out of offences and Wales which appear to Her to correspond to any offence specified in
outside England
and Wales.
Schedule 1 to this Act.

(2) Upon an information being laid before a justice of the peace for any
area that a person who resides or is believed to reside in that area has been
convicted of a corresponding offence in a country outside England and
Wales, the justice may—
(a) issue a summons directed to that person requiring him to appear
before a magistrates' court for that area to answer to the
information; or
(b) subject to subsection (3) below, issue a warrant to arrest that
person and bring him before a magistrates' court for that area.

(3) No warrant shall be issued under subsection (2) above unless the
information is in writing and substantiated on oath.

(4) Where a person appears or is brought before a magistrates' court

in pursuance of subsection (2) above, the court, if satisfied that—
(a) he is ordinarily resident in England and Wales, and
(b) has been convicted in the country outside England and Wales of
the corresponding offence,
may, unless it appears that the conviction is the subject of proceedings in a
court of law in that country questioning the conviction, make a restriction
order in relation to him.

(5) No restriction order may be made under this section in relation to

a person unless the court is satisfied that making such an order in relation
to him would help to prevent violence or disorder at or in connection with
designated football matches.

(6) In proceedings under subsection (4) above, the court shall have the
like powers, including power to adjourn the proceedings and meanwhile
to remand the defendant on bail (but not in custody), and the proceedings
shall be conducted as nearly as may be in the like manner, as if the
proceedings were the trial of an information for a summary offence.

(7) Any person aggrieved by the decision of a magistrates' court

making a restriction order under this section may appeal to the Crown
Court against the decision.

(8) Sections 15(3) to (6) and 16 to 21 above shall apply in relation to

a person subject to a restriction order under this section as they apply in
relation to a person subject to a restriction order made by a magistrates'
court under section 15.
 Football Spectators Act 1989 c. 37 21

(9) An Order in Council under subsection (1) above relating to any PART II
country may include provision—
(a) specifying the authority in that country which is to certify the
conviction of a person in that country of a corresponding
offence, the nature and circumstances of the offence and
whether or not the conviction is the subject of proceedings in
that country questioning it; and
(b) prescribing the form of such certificates.
(10) A certificate in the form prescribed by an Order in Council under
subsection (1) above shall be admissible in any proceedings under this
Part of this Act as evidence of the facts stated in the certificate and a
document in that form shall be taken to be such a certificate unless the
contrary is proved.
(11) In proceedings against a person under this section, the facts stated
in such a certificate shall, on production of the certificate and proof that
that person is the person whose conviction is certified, be taken to be
proved unless the contrary is proved.
(12) Any statutory instrument containing an Order under subsection
(1) above shall be subject to annulment in pursuance of a resolution of
either House of Parliament.

PART III
GENERAL
23.—(1) Subject to subsection (2) below, a court may not make a Further
declaration of relevance as respects any offence unless it is satisfied that provision about,
the prosecutor gave notice to the defendant, at least five days before the and appeals
against,
first day of the trial, that it was proposed to show that the offence related declarations of
to football matches.
(2) A court may, in any particular case, make a declaration of relevance
notwithstanding that notice to the defendant as required by subsection (1)
above has not been given if he consents to waive the giving of full notice
or the court is satisfied that the interests of justice do not require more
notice to be given.
(3) A person convicted of an offence as respects which the court makes
a declaration of relevance may appeal against the making of the
declaration of relevance as if the declaration were included in any
sentence passed on him for the offence, and accordingly—
(a) in section 10(3) of the Criminal Appeal Act 1968 (appeals against 1968 c. 19.
sentence by Crown Court), in paragraph (c), after the sub-
paragraph (iv) inserted by section 15(7) above there shall be
inserted "or
(v) a declaration of relevance under the Football
Spectators Act 1989;";
(b) in section 50(1) of that Act (meaning of "sentence"), at the end
there shall be inserted the words "and a declaration of relevance
under the Football Spectators Act 1989"; and
(c) in section 108(3) of the Magistrates' Courts Act 1980 (right of 1980 c. 43.
appeal to the Crown Court), at the end there shall be inserted
the words "and also includes a declaration of relevance under
the Football Spectators Act 1989."
22 c. 37 Football Spectators Act 1989

PART III (4) A restriction order made upon a person's conviction of a relevant
offence shall be quashed if the making of a declaration of relevance as
respects that offence is reversed on appeal.

Offences by 24.—( 1) Where an offence under this Act which has been committed by
bodies corporate. a body corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, a
director, manager, secretary or similar officer of the body corporate, or
any person purporting to act in that capacity, he, as well as the body
corporate, shall be guilty of that offence and be liable to be proceeded
against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) above shall apply to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.

Service of 25.—(l) Any notice or other document required or authorised by or by

documents. virtue of this Act to be served on any person may be served on him either
by delivering it to him or by leaving it at his proper address or by sending
it by post.
(2) Any notice or other document so required or authorised to be
served on a body corporate or a firm shall be duly served if it is served on
the secretary or clerk of that body or a partner of that firm.
(3) For the purposes of this section, and of section 7 of the
1978 c. 30. Interpretation Act 1978 in its application to this section, the proper
address of a person, in the case of a secretary or clerk of a body corporate,
shall be that of the registered office or principal office of that body, in the
case of a partner of a firm shall be that of the principal office of the firm,
and in any other case shall be the last known address of the person to be
served.
(4) This section, and the said section 7 in its application to this section,
is subject to section 21(4) and (7) above.

Financial 26.—( 1) Any expenses of the Secretary of State under this Act shall be
provision, paid out of money provided by Parliament.
(2) Any fees received by the Secretary of State under this Act shall be
paid into the Consolidated Fund.

Citation, 27.—(1) This Act may be cited as the Football Spectators Act 1989.
commencement,
consequential (2) The provisions of this Act (other than this section) shall not come
repeal and into operation until such day as the Secretary of State may appoint by
extent, order made by statutory instrument.
(3) Different days may be appointed under subsection (2) above for
different provisions of this Act.
(4) A statutory instrument appointing a commencement date for
section 3 or section 13 above shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
 Football Spectators Act 1989 c. 37 23

(5) Sections 30 to 37 of the Public Order Act 1986 (which provide for PART III
exclusion orders) shall cease to have effect on the date appointed under 1986 c. 64.
subsection (2) above for the commencement of section 2 of this Act except
for the purposes of the making under section 33 of that Act of
applications after that date to terminate exclusion orders and the
communication of terminating orders under section 34(2) of that Act.
(6) This Act, except paragraph 14 of Schedule 2, extends to England
and Wales only.
24 c. 37 Football Spectators Act 1989

SCHEDULES
Sections 7(5), SCHEDULE I
14(5) and 22(1).
RELEVANT OFFENCES

The offences relevant for the purposes of sections 7(2) and 15(1) of this Act are
the following—
(a) any offence under section 2(1) or 5(7) of this Act;
1985 c. 57. (b) any offence under section 2 of the Sporting Events (Control of Alcohol
etc.) Act 1985 (alcohol containers at sports grounds) committed by the
accused at any designated football match or while entering or trying to
enter the ground;
1986 c. 64. (c) any offence under section 5 of the Public Order Act 1986 (harassment,
alarm or distress) or any provision of Part III of that Act (racial hatred)
committed during a period relevant to a designated football match at
any premises while the accused was at, or was entering or leaving or
trying to enter or leave, the premises;
(d) any offence involving the use or threat of violence by the accused
towards another person committed during a period relevant to a
designated football match at any premises while the accused was at, or
was entering or leaving or trying to enter or leave, the premises;
(e) any offence involving the use or threat of violence towards property
committed during a period relevant to a designated football match at
any premises while the accused was at, or was entering or leaving or
trying to enter or leave, the premises;
1872 c. 94. (1) any offence under section 12 of the Licensing Act 1872 (persons found
drunk in public places, etc.) of being found drunk in a highway or other
public place committed while the accused was on a journey to or from a
designated football match being an offence as respects which the court
makes a declaration of relevance;
1967 c. 80. (g) any offence under section 91(1) of the Criminal Justice Act 1967
(disorderly behaviour while drunk in a public place) committed in a
highway or other public place while the accused was on a journey to or
from a designated football match being an offence as respects which the
court makes a declaration of relevance;
(h) any offence under section 1 of the Sporting Events (Control of Alcohol
etc.) Act 1985 (alcohol on coaches or trains to or from sporting events)
committed while the accused was on a journey to or from a designated
football match being an offence as respects which the court makes a
declaration of relevance;
(i) any offence under section 5 of the Public Order Act 1986 (harassment,
alarm or distress) or any provision of Part!!! of that Act (racial hatred)
committed while the accused was on a journey to or from a designated
football match being an offence as respects which the court makes a
declaration of relevance;
1988 c. 52. (j) any offence under section 4 or 5 of the Road Traffic Act 1988 (driving etc.
when under the influence of drink or drugs or with an alcohol
concentration above the prescribed limit) committed while the accused
was on a journey to or from a designated football match being an
offence as respects which the court makes a declaration of relevance;
(k) any offence involving the use or threat of violence by the accused
towards another person committed while one or each of them was on a
journey to or from a designated football match being an offence as
respects which the court makes a declaration of relevance;
 Football Spectators Act 1989 C. 37 25

(I) any offence involving the use or threat of violence towards property ScH. 1

committed while the accused was on a journey to or from a designated

football match being an offence as respects which the court makes a
declaration of relevance.

SCHEDULE 2 Section 8.
FOOTBALL LICENSING AUTHORITY: SUPPLEMENTARY PROVISIONS
Status and capacity
I .-—(l) The licensing authority shall be a body corporate.
(2) The licensing authority shall not be regarded as the servant or agent of the
Crown, or as enjoying any status, privilege or immunity of the Crown; and its
property shall not be regarded as property of, or property held on behalf of, the
Crown.
(3) The licensing authority shall not be exempt from any tax, duty, rate, levy
or other charge whatsoever, whether general or local.
(4) The licensing authority shall have power to do anything which is
calculated to facilitate the discharge of its functions, or is incidental or conducive
to their discharge.

Appointment and tenure of members

2. It shall be the duty of the Secretary of State—
(a) to satisfy himself, before he appoints a person to be a member of the
licensing authority, that he will have no such financial or other interest
as is likely to affect prejudicially the performance of his functions as a
member; and
(b) to satisfy himself from time to time with respect to each member that he
has no such interest.
3. Any person who is, or whom the Secretary of State proposes to appoint to
be, a member of the licensing authority shall, whenever requested by the
Secretary of State to do so, furnish to him such information as the Secretary of
State considers necessary for the performance by him of his duties under
paragraph 2 above.
4. Subject to the following provisions of this Schedule, a person shall hold and
vacate office as a member or the chairman of the licensing authority in
accordance with the terms of his appointment.
5. A person shall not be appointed as a member of the licensing authority for
more than three years at a time.
6. A person may at any time resign his office as a member or the chairman of
the licensing authority by giving the Secretary of State a signed notice in writing
stating that he resigns that office.
7. Where a member becomes or ceases to be the chairman, the Secretary of
State may vary the terms of his appointment as a member of the licensing
authority so as to alter the date on which he is to vacate office as a member.
8. If the Secretary of State is satisfied that a member of the licensing
authority—
(a) has been absent from meetings of the licensing authority for a period
longer than three consecutive months without the permission of the
licensing authority, or
(b) has become bankrupt or made an arrangement with his creditors, or
26 c. 37 Football Spectators Act 1989

SCH.2. (c) is unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member of the licensing
authority vacant, and notify the declaration in such manner as he thinks fit; and
thereupon the office shall become vacant.
9. A person who ceases to be a member, or ceases to be chairman, of the
licensing authority shall be eligible for re-appointment.

Remuneration and pensions of members

10. The licensing authority may pay to each member such remuneration and
allowances as the Secretary of State may determine.
11. The licensing authority may pay, or make provision for paying, to or in
respect of any member such sums by way of pensions, allowances or gratuities as
the Secretary of State may determine.
12. Where a person ceases to be a member otherwise than on the expiry of his
term of office and it appears to the Secretary of State that there are special
circumstances which make it right for him to receive compensation, the licensing
authority may make to him a payment of such amount as the Secretary of State
may determine.
13. The approval of the Treasury shall be required for any determination
under paragraphs 10, 11 or 12 above.

Disqualjflcation of members of licensing authority for House of Commons and

Northern Ireland Assembly
1975 c. 24. 14. In Part II of Schedule 1 to the House of Commons Disqualification Act
1975 (bodies of which all members are disqualified), the following entry shall be
inserted at the appropriate place in alphabetical order—
"The Football Licensing Authority";
1975 c. 25. and the like insertion shall be made in Part II of Schedule 1 to the Northern
Ireland Assembly Disqualification Act 1975.

Proceedings
15. The quorum of the licensing authority and the arrangements relating to its
meetings shall be such as the licensing authority may determine.
16.—(1) A member of the licensing authority who is in any way directly or
indirectly interested in any matter which falls to be considered by the authority
shall disclose the nature of his interest at.a meeting of the licensing authority and
the disclosure shall be recorded in the minutes of the meeting.
(2) The member shall not take part after the disclosure in any deliberation or
decision with respect to the matter.
17. The validity of any proceedings of the licensing authority shall not be
affected by any vacancy among the members or by any defect in the appointment
of a member or by any failure to comply with the requirements of paragraph 16
above.

Inspectors, officers and employees

18. The licensing authority may appoint such inspectors as it may determine
to perform such functions as are assigned to them by or under this Part of this
Act.
19. The licensing authority may appoint a secretary and such other officers,
and take into their employment such other persons, as it may determine.
 Football Spectators Act 1989 c. 37 27

20. The terms and conditions of appointments under paragraphs 18 and 19 ScH.2.
above shall require the approval of the Secretary of State and the consent of the
Treasury.
21. The licensing authority shall, as regards such of its inspectors, officers and
employees as with the approval of the Secretary of State and the consent of the
Treasury it may determine, pay to or in respect of them such pensions,
allowances or gratuities (including pensions, allowances or gratuities by way of
compensation for loss of employment), or provide and maintain for them such
pension schemes (whether contributory or not), as may be so determined.
22. If an inspector, officer or employee of the licensing authority—
(a) is a participant in any pension scheme applicable to that employment,
and
(b) becomes a member of the licensing authority,
he may, if the Secretary of State with the consent of the Treasury so determines,
be treated for the purposes of the pension scheme as if his service as a member
of the licensing authority were service as an employee of the licensing authority,
whether or not any benefits are to be payable to or in respect of him by virtue of
paragraph 10 or 11 above.

Accounts and audit

23. The licensing authority shall keep proper accounts and proper records in
relation to the accounts, and shall prepare for each accounting year a statement
of accounts in such form as the Secretary of State, with the approval of the
Treasury, may direct.
24. The accounts of the licensing authority shall be audited by auditors
appointed for each accounting year by the Secretary of State.
25. A person shall not be qualified for appointment for the purposes of
paragraph 24 above unless he is—
(a) a member of a body of accountants established in the United Kingdom
and recognised for the purposes of section 389(1 )(a) of the Companies 1985 c. 6.
Act 1985; or
(b) a member of the Chartered Institute of Public Finance and
Accountancy;
but a firm may be appointed if each of its members is qualified to be so appointed.
26. A copy of any accounts of the licensing authority which are audited under
paragraph 24 above and of the report made on those accounts by the auditors
shall be sent by the licensing authority to the Secretary of State as soon as
reasonably practicable after it receives them; and the Secretary of State shall lay
before Parliament a copy of any accounts or report received by him under this
paragraph.
27. The Comptroller and Auditor General may inspect any records relating to
the accounts.
28. In paragraphs 23 and 24 above, "accounting year" means the period
beginning with the day when the licensing authority is established and ending
with the following 31st March, or any later period of twelve months ending with
the 31st March.

Authentication of licensing authority's seal

29. The application of the seal of the licensing authority shall be authenticated
by the signature of the chairman of the authority or some other person
authorised by the authority to act for that purpose and that of one other member.
28 c. 37 Football Spectators Act 1989

Scw2. Presumption of authenticity of documents issued by licensing authority

30. Any document purporting to be an instrument issued by the licensing
authority and to be sealed in accordance with paragraph 29 above, or to be
signed on behalf of the authority, shall be received in evidence and shall be
deemed to be such an instrument without further proof unless the contrary is
shown.

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