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Sports Grounds Safety Authority Act 2011

Consolidated Text As Enacted Cited authorities 24 Cited in Related
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Sports Grounds Safety Authority Act 2011

2011 CHAPTER 6

An Act to confer further powers on the Football Licensing Authority and to amend its name; and for connected purposes.

[12th July 2011]

Be it enacted by the Queen's most Excellent Majesty, by and 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:-

1 Sports Grounds Safety Authority

Part 1

Sports Grounds Safety Authority

S-1 Football Licensing Authority to become Sports Grounds Safety Authority

1 Football Licensing Authority to become Sports Grounds Safety Authority

(1) The body established by section 8 of, and Schedule 2 to, the Football Spectators Act 1989-

(a) is to continue in being, but

(b) instead of being called the Football Licensing Authority is to be called the Sports Grounds Safety Authority.

(2) Schedule 1 contains further provisions relating to the Authority.

(3) The expenses of the Authority are to be paid by the Secretary of State.

S-2 Advice to Ministers of the Crown

2 Advice to Ministers of the Crown

(1) The Authority-

(a) may provide relevant advice to a Minister of the Crown, and

(b) if requested to do so by a Minister of the Crown, must provide relevant advice to that Minister.

(2) "Relevant advice" means-

(a) advice in relation to safety at sports grounds generally, or

(b) advice with respect to the exercise of any of the functions of the Minister in question under the enactments specified in subsection (3).

(3) The enactments are-

(a) the Safety of Sports Grounds Act 1975,

(b) Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (safety of stands at sports grounds), and

(c) the Football Spectators Act 1989.

S-3 Advice to bodies or persons in England and Wales

3 Advice to bodies or persons in England and Wales

(1) The Authority may provide advice relating to safety at sports grounds in England or Wales to-

(a) local authorities, or

(b) subject to subsection (2), other bodies or persons.

(2) The Authority may not under subsection (1) provide advice to-

(a) a Minister of the Crown, or

(b) a body or person specified in section 4(1)(a), (b) or (c).

S-4 Advice to bodies or persons outside England and Wales

4 Advice to bodies or persons outside England and Wales

(1) The Authority may, if the conditions in subsection (2) are met, provide advice relating to the safety of sports grounds to-

(a) the government of a territory outside the United Kingdom,

(b) an international organisation, or

(c) a body or person not falling within paragraph (a) or (b) whose functions, activities or responsibilities relate in whole or in part to the safety of sports grounds outside England and Wales.

(2) The conditions are that-

(a) the provision of the advice is at the request of the body or person concerned, and

(b) the Secretary of State consents to the provision of the advice.

S-5 Supplementary

5 Supplementary

(1) The Authority may, with the consent of the Secretary of State, charge a fee for the provision of advice under-

(a) section 4 (advice to bodies or persons outside England and Wales), or

(b) if the advice is provided at the request of the recipient, section 3 (advice to bodies or persons in England and Wales).

(2) A fee charged under subsection (1) must not exceed the cost of providing the advice.

(3) Fees received by the Authority by virtue of subsection (1) are to be treated for the purposes of section 1(3) as reducing the expenses of the Authority.

(4) A consent under section 4(2)(b) or subsection (1) may be given-

(a) generally,

(b) in relation to any particular advice, or

(c) in relation to advice of a particular description.

(5) In this Part-

(a) "local authority" and "sports ground" have the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act), and

(b) "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975.

2 Supplementary

Part 2

Supplementary

S-6 Consequential amendments etc.

6 Consequential amendments etc.

(1) Schedule 2 contains consequential amendments.

(2) Schedule 3 contains repeals and revocations.

S-7 Extent

7 Extent

(1) This Act extends to England and Wales only (subject to subsection (2)).

(2) An amendment or repeal of a provision by Schedule 2 (consequential amendments) or 3 (repeals and revocations) has the same extent as that provision.

S-8 Commencement

8 Commencement

(1) Part 1 and the Schedules come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2) Such an order may-

(a) appoint different days for different purposes;

(b) include tran sitional or saving provisions.

(3) This Part comes into force on the day on which this Act is passed.

S-9 Short title

9 Short title

This Act may be cited as the Sports Grounds Safety Authority Act 2011.

SCHEDULES

SCHEDULE 1

Section 1

The Sports Grounds Safety Authority

SCH-1.1

1

(1) The Authority is a body corporate.

(2) The Authority is not to be regarded-

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown;

and the Authority's property is not to be regarded as property of, or property held on behalf of, the Crown.

(3) The Authority may do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge.

SCH-1.2

2 The Authority is to consist of-

(a) a person appointed by the Secretary of State to chair the Authority, and

(b) at least 4 but not more than 8 other members appointed by the Secretary of State.

SCH-1.3

3

(1) Before appointing a person to be a member of the Authority, the Secretary of State must be satisfied that the person will have no such financial or other interest as is likely to affect prejudicially the performance of the person's functions as a member.

(2) From time to time the Secretary of State must check that each member has no such interest.

SCH-1.4

4 A person who is, or whom the Secretary of State proposes to appoint to be, a member of the Authority must, whenever requested by the Secretary of State to do so, supply the Secretary of State with such information as the Secretary of State considers necessary for the performance of the duties under paragraph 3.

SCH-1.5

5 Subject to the following provisions of this Schedule, a person appointed under paragraph 2 holds and vacates office in accordance with the terms of the appointment.

SCH-1.6

6 A person is not to be appointed as a member of the Authority for more than 3 years at a time.

SCH-1.7

7 A person may at any time resign office-

(a) as chair of the Authority, or

(b) as a member of the Authority,

by giving the Secretary of State signed notice in writing.

SCH-1.8

8 Where a member begins or ceases to hold office as chair of the Authority, the Secretary of State may vary the terms of the person's appointment as a member of the Authority so as to alter the date on which the person is to vacate office as a member.

SCH-1.9

9

(1) The Secretary of State may declare a person's office as a member of the Authority vacant if satisfied that the person-

(a) has been absent from meetings of the Authority for a period longer than 3 consecutive months without the permission of the Authority,

(b) has become bankrupt or made an arrangement with creditors, or

(c) is unable or unfit to discharge the functions of a member;

and on making such a declaration the office becomes vacant.

(2) A declaration under sub-paragraph (1) may be notified in such manner as the Secretary of State thinks fit.

SCH-1.10

10 A person who ceases to be a member or to hold office as chair of the Authority is eligible for re-appointment.

SCH-1.11

11 The Authority may pay to each member such remuneration and allowances as the Secretary of State may determine.

SCH-1.12

12 The 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.

SCH-1.13

13

(1) Sub-paragraph (2) applies if-

(a) a person ceases to be a member otherwise than on the expiry of the term of office, and

(b) it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.

(2) The Authority may make to the person...

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