UKPGA-2000-25 — Football (Disorder) Act 2000

preamble

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.

s. 1(1)

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

s. 1(1)(a)

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

s. 1(1)(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,

s. 1(1)(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,

s. 1(1)(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),

s. 1(2)

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

s. 1(3)

The enactments specified in Schedule 3 are repealed to the extent specified.

s. 2 — Disclosure of information by NCIS.

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s. 3 — Supplementary.

s. 3(1)

The Secretary of State may by order make—which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

s. 3(1)(a)

any supplementary, incidental or consequential provision,

s. 3(1)(b)

any transitory, transitional or saving provision,

s. 3(2)

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

s. 3(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.

s. 3(4)

... 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.

s. 3(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.

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.

s. 5(1)

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

s. 5(2)

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s. 5(3)

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s. 5(4)

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s. 5(5)

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s. 6 — Extent.

s. 6(1)

This Act extends to England and Wales only.

s. 6(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.

This Act may be cited as the Football (Disorder) Act 2000.

Sch 1

Amendments of the Football Spectators Act 1989

Sch 1 para 1

The Football Spectators Act 1989 is amended as follows.

Sch 1 para 2

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

Sch 1 para 3

Sch 1 para 3(1)

Section 19 (functions of enforcing authority etc.) is amended as follows.

Sch 1 para 3(2)

For the words from “international” in subsection (2) to the end of subsection (4) there is substituted—

Sch 1 para 4

After section 21 there is inserted—

Sch 1 para 5

For Schedule 1 (relevant offences) there is substituted—

Sch 2

Minor and consequential amendments

Sch 2 para 1

In section 10 of the Criminal Appeal Act 1968 (appeal against sentence), in subsection (3)(c), for sub-paragraph (iv) there is substituted—, and sub-paragraphs (vi) and (vii) are omitted.

Sch 2 para 2

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Sch 2 para 3

The Public Order Act 1986 is amended as follows.

Sch 2 para 4

Sections 30 to 34 (domestic football banning orders) are omitted.

Sch 2 para 5

In section 35 (photographs)—

Sch 2 para 5(a)

for each mention of “a domestic football banning order” or “the domestic football banning order” there is substituted “ a banning order ” or “ the banning order ” respectively,

Sch 2 para 5(b)

at the end of subsection (2) there is inserted “and “banning order” has the same meaning as in Part II of the football spectators act 1989”,

Sch 2 para 5(c)

at the end of subsection (3) there is inserted “ or (in the case of a banning order made under section 14B of the Football Spectators Act 1989) the complainant ”.

Sch 2 para 6

Section 36 (prescribed matches) is omitted.

Sch 2 para 7

In section 37 (extension to other sporting events),—

Sch 2 para 7(a)

in subsection (1), for “sections 30 to 35” there is substituted “ section 35 of this Act and Part II of the Football Spectators Act 1989 ”,

Sch 2 para 7(b)

in subsection (2), for “those sections” there is substituted “ that section and that Part ”.

Sch 2 para 8

Sch 2 para 8(1)

The Legal Aid Act 1988 is to have effect in relation to proceedings under—as if those proceedings had been included in the definition of “criminal proceedings” in article 1(2) of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000.

Sch 2 para 8(1)(a)

sections 14B and 14D of the Football Spectators Act 1989,

Sch 2 para 8(1)(b)

sections 14G and 14H of that Act (so far as relating to banning orders made under section 14B), and

Sch 2 para 8(1)(c)

sections 21B(2) and 21D of that Act,

Sch 2 para 8(2)

Sub-paragraph (1) is to have effect subject to any provision made by an order under section 3 of this Act or under section 108(1) of, or paragraph 1(1) of Schedule 14 to, the Access to Justice Act 1999.

Sch 2 para 9

The Football Spectators Act 1989 is amended as follows.

Sch 2 para 10

For each mention of “an international football banning order” or “the international football banning order” there is substituted “ a banning order ” or (as the case may be) “ the banning order ”.

Sch 2 para 11

For each mention in Part II of “designated football match” or “designated football matches” there is substituted “ regulated football match ” or (as the case may be) “ regulated football matches ”.

Sch 2 para 12

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Sch 2 para 13

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Sch 2 para 14

In section 18 (information)—

Sch 2 para 14(a)

in subsection (1)—

Sch 2 para 14(a)(i)

at the end of paragraph (b) there is inserted “ and to any prescribed person ”,

Sch 2 para 14(a)(ii)

in paragraph (d), for the words following “the order is” there is substituted “ detained in legal custody, shall (as soon as reasonably practicable) send a copy of it to the person in whose custody he is detained ”,

Sch 2 para 14(b)

in subsection (2)—

Sch 2 para 14(b)(i)

for “section 17” there is substituted “ section 14H ”,

Sch 2 para 14(b)(ii)

after “authority” in paragraph (b) there is inserted “ and to any prescribed person ”,

Sch 2 para 14(b)(iii)

in paragraph (c), for the words following “banning order is” there is substituted “ detained in legal custody, shall (as soon as reasonably practicable) send a copy of the terminating order to the person in whose custody he is detained ”,

Sch 2 para 14(c)

for subsection (3) there is substituted—

Sch 2 para 15

In section 20 (exemptions)—

Sch 2 para 15(a)

in subsection (1), for the words from “all or” to “(3A) above” there is substituted “ the requirements imposed by or under this Part, or any of them ”,

Sch 2 para 15(b)

in subsection (2), for the words following “application is” there is substituted “ made during the control period in relation to any match to which the application applies, the officer responsible for a police station may grant the exemption as respects that match, subject to subsection (3) below ”,

Sch 2 para 15(c)

in subsection (4), for the words from “all or” to “above” there is substituted “ the requirements imposed by or under this Part, or any of them, as respects any match or matches to which the application relates ”,

Sch 2 para 15(d)

in subsection (6), for the words following “(4) above” there is substituted “ the banning order is to have effect subject to the exemption and, accordingly, no requirement is to be imposed under section 19 which is inconsistent with the exemption ”,

Sch 2 para 15(e)

in subsection (10), for the words from “any duty” to “above” there is substituted “ the requirements imposed by or under this Part, or any of them ”.

Sch 2 para 16

In section 21(3) (functions of enforcing authority: supplementary), for “international football banning orders” there is substituted “ banning orders ”.

Sch 2 para 17

In section 22 (football banning orders arising out of offences outside England and Wales)—

Sch 2 para 17(a)

in subsections (1) and (1A), for “specified in Schedule 1 to this Act” there is substituted “ to which Schedule 1 to this Act applies ”,

Sch 2 para 17(b)

for subsection (8) there is substituted—

Sch 2 para 18

After section 22 there is inserted—

Sch 2 para 19

In section 27 (citation etc.)—

Sch 2 para 19(a)

after subsection (4) there is inserted—,

Sch 2 para 19(b)

in subsection (5)—

Sch 2 para 19(b)(i)

for “30 to 37 of the Public Order Act 1986 (which provide for football banning orders)” there is substituted “ 35 and 37 of the Public Order Act 1986 ”,

Sch 2 para 19(b)(ii)

the words following “this Act” are omitted.

Sch 2 para 20

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Sch 3

Repeals

UKPGA-2000-25 Football (Disorder) Act 2000 UK

Criminal Appeal Act 1968 (c. 19.)

Police and Criminal Evidence Act 1984 (c. 60.)

Public Order Act 1986 (c. 64.)

Legal Aid Act 1988 (c. 34.)

Football Spectators Act 1989 (c. 37.)

Criminal Justice and Public Order Act 1994 (c. 33.)