Football (Disorder) Act 2000

JurisdictionUK Non-devolved
Citation2000 c. 25


Football (Disorder) Act 2000

2000 CHAPTER 25

An Act to make further provision for the purpose of preventing violence or disorder at or in connection with association football matches; and for connected purposes.

[28th July 2000]

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:—

S-1 Football matches: prevention of violence or disorder.

1 Football matches: prevention of violence or disorder.

(1) Schedule 1 (which amends Part II of, and Schedule 1 to, the Football Spectators Act 1989 to make provision, in particular—

(a) for making banning orders which combine the effect of domestic football banning orders and international football banning orders,

(b) for a magistrates' court to be able to make a banning order on a complaint (as well as on conviction of an offence), where the court believes that such an order would help to prevent violence or disorder at or in connection with certain association football matches,

(c) for enforcing authorities to require persons subject to banning orders to surrender their passports in connection with certain association football matches played outside the United Kingdom,

(d) for enabling a constable, in certain circumstances, to require a person present before him to appear before a magistrates' court within 24 hours to answer a complaint for the making of a banning order and, for that purpose, to give certain powers of arrest and detention),

is to have effect.

(2) Schedule 2 (which makes minor and consequential amendments) is to have effect.

(3) The enactments specified in Schedule 3 are repealed to the extent specified.

S-2 Disclosure of information by NCIS.

2 Disclosure of information by NCIS.

2. In section 2 of the Police Act 1997(functions of National Criminal Intelligence Service, etc.), after subsection (3) there is inserted—

(3A) NCIS may disclose information for the purposes of Part II of the Football Spectators Act 1989 to any person prescribed by regulations made by the Secretary of State.

(3B) A statutory instrument containing regulations under subsection (3A) shall be subject to annulment in pursuance of a resolution of either House of Parliament.’

S-3 Supplementary.

3 Supplementary.

(1) The Secretary of State may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

(3) Any power to make an order under this Act is exercisable by statutory instrument and the power may be exercised so as to make different provision for different purposes.

(4) An order under section 5(4), and an order making any provision by virtue of subsection (2) which adds to, replaces or omits any part of the text of an Act or affirmative instrument, may only be made if a draft of the instrument containing the order has been laid before and approved by resolution of each House of Parliament.

In this subsection, ‘affirmative instrument’ means a statutory instrument a draft of which was laid before and approved by resolution of each House of Parliament or the House of Commons.

(5) An instrument containing any order under this section, other than an order making such provision as is mentioned in subsection (4), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-4 Expenses.

4 Expenses.

4. There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money provided by Parliament under any other enactment.

S-5 Commencement and duration.

5 Commencement and duration.

(1) Section 1 shall come into force on such day as the Secretary of State may by order appoint.

(2) Subject to subsection (4)—

(a) no application under section 14B of the Football Spectators Act 1989 (banning orders made on a complaint) may be made, and

(b) no power conferred on a constable by section 21A or 21B of that Act (summary measures) may be exercised,

after the end of the initial period.

(3) In this section, ‘the initial period’, means the period of one year beginning with the day on which section 14B or (as the case may be) sections 21A and 21B come into force.

(4) The Secretary of State may from time to time by order provide that such an application may be made, or such a power may be exercised, during any period prescribed by the order, being a period falling within the period of one year immediately following the initial period.

(5) Before making an order under subsection (4), the Secretary of State must lay a report about the working of this Act before each House of Parliament.

S-6 Extent.

6 Extent.

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

(2) But the amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland also extends to Scotland or, as the case may be, Northern Ireland.

S-7 Short title.

7 Short title.

7. This Act may be cited as theFootball (Disorder) Act 2000.

S C H E D U L E S

SCHEDULE 1

Amendments of the football spectators act 1989

SCH-1.1

1. The Football Spectators Act 1989is amended as follows.

SCH-1.2

2. For section 14 (and the preceding cross-headings) and sections 15 to 17 there is substituted—

II Regulated football matches

‘Part II

Regulated football matches

Preliminary

Preliminary

SCH-1.14 Main definitions.

14 Main definitions.

(1) This section applies for the purposes of this Part.

(2) ‘Regulated football match’ means an association football match (whether in England and Wales or elsewhere) which is a prescribed match or a match of a prescribed description.

(3) ‘External tournament’ means a football competition which includes regulated football matches outside England and Wales.

(4) ‘Banning order’ means an order made by the court under this Part which—

(a) in relation to regulated football matches in England and Wales, prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and

(b) in relation to regulated football matches outside England and Wales, requires that person to report at a police station in accordance with this Part.

(5) ‘Control period’, in relation to a regulated football match outside England and Wales, means the period—

(a) beginning five days before the day of the match, and

(b) ending when the match is finished or cancelled.

(6) ‘Control period’, in relation to an external tournament, means any period described in an order made by the Secretary of State—

(a) beginning five days before the day of the first football match outside England and Wales which is included in the tournament, and

(b) ending when the last football match outside England and Wales which is included in the tournament is finished or cancelled,

but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account.

(7) References to football matches are to football matches played or intended to be played.

(8) ‘Relevant offence’ means an offence to which Schedule 1 to this Act applies.

Banning orders

Banning orders

SCH-1.14A

14A Banning orders made on conviction of an offence.

(1) This section applies where a person (the ‘offender’) is convicted of a relevant offence.

(2) If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender.

(3) If the court is not so satisfied, it must in open court state that fact and give its reasons.

(4) A banning order may only be made under this section—

(a) in addition to a sentence imposed in respect of the relevant offence, or

(b) in addition to an order discharging him conditionally.

(5) A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).

(6) In this section, ‘the court’ in relation to an offender means—

(a) the court by or before which he is convicted of the relevant offence, or

(b) if he is committed to the Crown Court to be dealt with for that offence, the Crown Court.

SCH-1.14B

14B Banning orders made on a complaint.

(1) An application for a banning order in respect of any person may be made by the chief officer of police for the area in which the person resides or appears to reside, if it appears to the officer that the condition in subsection (2) below is met.

(2) That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.

(3) The application is to be made by complaint to a magistrates' court.

(4) If—

(a) it is proved on the application that the condition in subsection (2) above is met, and

(b) the...

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