Fire Safety and Safety of Places of Sport Act 1987
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Fire Precautions Act 1971 (in this Part referred to as "the principal Act") shall have effect with the following amendments.
In section 1 (designated uses requiring cover by fire certificates)—
after subsection (3) there shall be inserted the following subsection—; and
in subsection (4) (methods of description), after the words "subsection (3)" there shall be inserted the words "or (3A)", after the words "use for any purpose" there shall be inserted the words "or their situation, construction or arrangement" and for the words "that subsection" there shall be substituted the words "subsection (3) or (3A) above".
In section 5(3) (duty of fire authority to inspect premises on application for fire certificate) after the words "duty of the fire authority" there shall be inserted the words "to consider whether or not, in the case of premises which qualify for exemption under section 5A of this Act, to grant exemption and, if they do not grant it, it shall be their duty".
After section 5 there shall be inserted the following sections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 8 of the principal Act there shall be inserted the following section—
In section 19(2) of the principal Act (premises within powers of inspection etc. of inspectors), after paragraph (a), there shall be inserted the following paragraph—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following amendments of the principal Act with regard to means of escape from premises in case of fire shall have effect.
In section 5 (applications for and issue of fire certificates), the following subsection shall be added at the end—
In section 43(1) (interpretation), after the definition of "designated use", there shall be inserted the following—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After the section 9C of the principal Act inserted by section 6 above there shall be inserted the following sections—
In section 14(1) of the principal Act (exercise of certain powers of fire authority in Scotland where building standards regulations as to means of escape apply), for the words "or 8" there shall be substituted the words ", 8 or (in relation to premises to which section 9A applies) 9D(1) and (2)".
In section 17(1) of the principal Act (duty of fire authorities to consult other authorities before requiring alterations to buildings), in paragraph (b), after the words "section 8(4) or (5)'" there shall be inserted the words ", section 9D" and after the words "would have to be taken" there shall be inserted the words "or, in the case of a notice under section 9D, which must be taken".
In section 48(4) of the Building Act 1984, (which modifies the effect of initial notices under that Act for the purposes of the exercise of powers of a fire authority to require structural alterations where building regulations apply)—
after the words "For the purposes of" there shall be inserted the words "section 9D and"; and
in paragraph (b), after the words "the references in" there shall be inserted the words "subsection (4)(b) of section 9D and" and for the words "that section" there shall be substituted the words "section 13".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following amendments shall be made in section 5 (applications for fire certificates) and section 7 (offences) of the principal Act.
In section 5—
in subsection (2), after the words "fire authority", there shall be inserted the words "shall notify the applicant of his duties under subsection (2A) below and"; and
after subsection (2) there shall be inserted the following subsection—
In section 7, after subsection (3), there shall be inserted the following subsection—
In section 7, after subsection (5), there shall be inserted the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 10 of the principal Act (court's power to prohibit or restrict use of certain premises until excessive risk to persons in case of fire is reduced) there shall be substituted the following section—
After the section 10 of the principal Act substituted by subsection (1) above there shall be inserted the following sections—
In section 43(1) of the principal Act (interpretation), after the definition of "prescribed" there shall be inserted the following definition—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by the insertion in subsection (1), after the word "inspectors", of the words "and cause premises to be inspected"; and
by the insertion, after subsection (2), of the following subsection—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by the insertion, at the beginning, of the words "(1) Subject to subsection (2) below,"; and
by the insertion, at the end, of the following subsections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 27 of the principal Act there shall be inserted the following section—
In consequence of subsection (1) above, section 43(2) of the principal Act shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in section 2 of the principal Act (exemptions), there shall be omitted the words from "of any of the following" to "premises" where last occurring; and
in section 12(1) (fire regulations), for the words "any description falling within any paragraph of" there shall be substituted the words "the description given in" and the words "other than paragraph (d)" shall be omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 28 of the principal Act there shall be inserted the following section—
After the Schedule to the principal Act, which shall become Schedule 1 to that Act, there shall be inserted as Schedule 2 to that Act the Schedule set out in Schedule 1 to this Act.
In the principal Act—
in section 34 (modification of certain enactments relating to Scotland) for the words "the Schedule" there shall be substituted the words "Schedule 1"; and
in section 43(1) (definitions) in the definition of "the court" the words "and the Schedule thereto" shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 40 of the principal Act (application of Act to Crown etc.) shall have effect with the following amendments.
In subsection (1)(a) (provisions applying to premises occupied by the Crown) after "4" there shall be inserted "5(2A), 5A, 5B," and for the words "9A (except subsection (4))" there shall be substituted the words "9A (except subsections (3) and (4)), 9B and 9C".
In subsection (1)(b) (provisions applying to premises owned but not occupied by the Crown), after "8" there shall be inserted "8A, 8B,", after "9A" there shall be inserted "9B, 9C, 9D, 9F," and after " 10," there shall be inserted "10B,".
After subsection (10A), there shall be inserted the following subsection—
For the purpose of extending the provisions of the Safety of Sports Grounds Act 1975 (in this Part referred to as “the principal Act”) which apply to sports stadia to other sports grounds and making a minor correction the amendments to the principal Act specified in Schedule 2 to this Act shall have effect.
In consequence of those amendments the following other amendments of the principal Act shall be made, that is to say—
for section 2(2) (obligatory terms of safety certificates) there shall be substituted the following subsection—;
section 15 (power of Secretary of State to extend the principal Act to other classes of sports grounds) shall cease to have effect;
there shall be inserted as section 15A the following section—; and
in section 18 (orders and regulations), after subsection (1), there shall be inserted the following subsection—
After section 1(1) of the principal Act (designation of sports grounds with spectator capacity of more than 10,000) there shall be inserted the following subsections—
In section 2 of the principal Act (contents of safety certificates), after subsection (2), there shall be inserted the following subsection—
Section 5 of the principal Act (appeals to Secretary of State against determinations etc. of local authority) shall have effect with the amendments specified in subsections (2) to (6) below.
In subsections (1), (2) and (3) for the words “Secretary of State” wherever occurring, there shall be substituted the word “ court ”.
After subsection (3) there shall be inserted the following subsections—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (5), for the words “subsections (3) and (4) above”, there shall be substituted the words “ this section ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6(1) of the principal Act (power to make regulations) for paragraph (c) (appeals), there shall be substituted the following paragraph—
In section 7 of the principal Act (supplementary provisions relating to determinations and appeals)—
in subsection (1), for the words from “person” to the end of paragraph (b) there shall be substituted the words “ applicant for a safety certificate, he shall be deemed to have withdrawn his application ” and for the words after “section 6 above”, there shall be substituted the words “ an appeal against the authority’s determination may be brought. ”;
for subsection (2), there shall be substituted the following subsection—;
in subsection (3), for the words “notice is given of an appeal” there shall be substituted the words “ an appeal is brought ”, the words “, subject to subsection (4) below,” shall be omitted and for the words “Secretary of State” there shall be substituted the word “ court ”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 10 of the principal Act (emergency procedure by magistrates’ court order), there shall be substituted the following section—
In consequence of those amendments section 12 of the principal Act (offences) shall be amended as follows—
in subsection (1)(d) (contravention of certificate terms), after the word “contravened” there shall be inserted the words “ otherwise than in pursuance of a prohibition notice ”;
in subsection (1)(e) (admission of spectators in contravention of section 10 order), for the words “an order” there shall be substituted the words “ a prohibition notice ”; and
in subsection (4) (due diligence defence) for the word “order” there shall be substituted the words “ prohibition notice ”.
In section 17(1) (definitions)—
“prohibition notice” has the meaning assigned to it by section 10(1);
in the definition of “safety certificate”, after the word “certificate” there shall be inserted the words “ , except with reference to a stand at a sports ground, ” and at the end there shall be inserted the words “ and, where it refers to a stand, means a safety certificate (whether general or special) under Part III of the Fire Safety and Safety of Places of Sport Act 1987 ”.
After section 10 of the principal Act there shall be inserted the following section—
After the section 10A of the principal Act inserted by section 24 above there shall be inserted the following section—
In section 12(6)(d) of the principal Act (obstruction of person exercising powers of entry and inspection under that Act to constitute an offence), for the word “wilfully” there shall be substituted the word “ intentionally ”.
This Part applies in relation to a sports ground which—
provides covered accommodation in stands for spectators, and
is not a designated sports ground.
A certificate under this Part (referred to as a “safety certificate”) is required in respect of the use, at a sports ground in relation to which this Part applies, of each stand which provides covered accommodation for 500 or more spectators to view activities at the ground; but one certificate may be issued in respect of several such stands.
The Secretary of State may by order amend subsection (2) above by substituting a smaller number for the number for the time being specified in it.
The power to make an order 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.
A stand in respect of the use of which a safety certificate under this Part is required is referred to in this Part as a “regulated stand”.
It shall be the function of the local authority to determine whether any, and if so, which of the stands at a sports ground in their area is a regulated stand, and to issue safety certificates.
In determining whether any stand at a sports ground in their area is a regulated stand the local authority may apply any criteria which are appropriate for that purpose.
In discharging their function of determination as respects the stands at sports grounds in their areas, local authorities shall act in accordance with such guidance as the Secretary of State may give them.
A final determination of a local authority that a stand at a sports ground is a regulated stand shall be conclusive of the question subject only to an appeal under section 30 below.
A safety certificate in respect of the use of a regulated stand at a sports ground may be either— and any reference in this Part to a safety certificate’s being “for” a stand is a reference to its covering the use of the stand for viewing an activity or activities during an indefinite period or, as the case may be, on an occasion or occasions.
a certificate in respect of the use of the stand for viewing an activity or a number of activities specified in the certificate during an indefinite period commencing with a date so specified; or
a certificate in respect of the use of the stand for viewing an activity or a number of activities specified in the certificate on an occasion or series of occasions so specified;
In this Part—
“local authority” means-
in England, in the metropolitan counties, the district council;
"general safety certificate" means such a safety certificate for a stand as is mentioned in subsection (10)(a) above;
"special safety certificate" means such a safety certificate for a stand as is mentioned in subsection (10)(b) above; and
in England outside Greater London and the metropolitan counties, or in Wales, the district council;
“special safety certificate” means such a safety certificate for a stand as is mentioned in subsection (10)(b) above; and
“stand”, in relation to a sports ground, means an artificial structure (not merely temporary) which provides accommodation for spectators and is wholly or partly covered by a roof, and, in relation to the number of spectators in a stand provided with covered accommodation, “covered” means covered by the roof or other part of the structure which constitutes the stand.
A safety certificate for a regulated stand shall contain such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety in the stand when it is in use for viewing the specified activity or activities at the ground, and the terms and conditions may be such as to involve alterations or additions to the stand or any installations in or serving the stand.
In so far as an order under section 39 below so requires as respects any class of stand at sports grounds, a safety certificate shall include such terms and conditions as may be provided for in the order.
No condition of a safety certificate shall require the provision of the services in or in the vicinity of the stand of any members of a police force unless the extent of the provision of their services is reserved for the determination of the chief officer of police of the force.
Without prejudice to subsection (1) above, a safety certificate for a regulated stand may include a condition that the following records shall be kept—
records of the number of spectators accommodated in covered accommodation in the stand; and
records relating to the maintenance of safety in the stand.
No condition of a safety certificate shall require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.
A general safety certificate shall contain or have attached to it a plan of the stand to which it applies and the area in the immediate vicinity of it, and the terms and conditions in the certificate or in any special safety certificate issued for the stand shall be framed, where appropriate, by reference to that plan.
No condition of a safety certificate shall require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 or of regulations made by virtue of that Part.
A safety certificate for a regulated stand at a sports ground may include different terms and conditions in relation to different activities taking place at the ground.
Nothing in a safety certificate for a regulated stand at a sports ground shall derogate from any requirements imposed by regulations under section 6(2) of the Safety of Sports Grounds Act 1975.
For the purposes of this Part, the following persons qualify for the issue of a safety certificate for a regulated stand at a sports ground, that is to say—
the person who qualifies for the issue of a general safety certificate is the person who is responsible for the management of the ground; and
the person who qualifies for the issue of a special safety certificate for viewing an activity from the stand on any occasion is the person who is responsible for organising that activity.
The local authority for an area shall, in respect of any stand at a sports ground in their area which appears to them to be a regulated stand, make a preliminary determination whether or not that stand is a regulated stand and, if they determine that it is, they shall serve a notice on the person who appears to them to qualify for the issue of a general safety certificate stating their determination and the effects of it.
Subject to subsection (4) below, a preliminary determination that a stand at a sports ground is a regulated stand shall become final at the end of the period of two months beginning with the date of the notice of it.
A local authority may revoke a determination of theirs that a stand at a sports ground is a regulated stand—
at any time before it becomes final, or
on considering an application for a general safety certificate for the stand, whether the determination has or has not become final.
A local authority may, at any time before a determination of theirs that a stand at a sports ground is a regulated stand becomes final, withdraw the notice of it and serve a further notice under subsection (2) above on another person, but if they do so the period of two months at the end of which the determination becomes final shall be treated as beginning with the date of the further notice.
If a local authority receive an application for a general safety certificate for a regulated stand at a sports ground in their area, it shall be their duty— and a determination made under paragraph (a) above that a stand is a regulated stand is, when made, a final determination.
if they have not already done so, to determine whether the stand is a regulated stand and, if they determine that it is, to determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it;
if they have made a determination that the stand is a regulated stand and do not decide to revoke it, to determine whether the applicant is the person who qualifies for the issue of the general safety certificate for it;
If the local authority, on an application made under subsection (6) above in relation to a stand which they have determined or determine is a regulated stand, determine that the applicant is the person who qualifies for the issue of the general safety certificate they shall (if no such certificate is in operation) issue to him such a certificate.
If a local authority receive an application for a special safety certificate for a regulated stand at a sports ground in their area as respects which stand a general safety certificate is in operation, it shall be their duty to determine whether the applicant qualifies for the issue of a special safety certificate for it and, if they determine that he does, they may issue to him a special safety certificate.
The local authority shall, if they determine that an applicant for a safety certificate does not qualify for the issue of the certificate, serve on him a notice stating their determination.
The local authority shall send a copy of an application for a safety certificate for a regulated stand at a sports ground to the chief officer of police and where the local authority is in Wales, Greater London or a metropolitan county, the fire authority or, in any other case, the building authority for the area in which it — for the area in which the sports ground is situated, and shall consult them about the terms and conditions to be included in the certificate.
the chief officer of police, and
if the local authority are not the fire and rescue authority, the fire and rescue authority, and
if the local authority are not the building authority, the building authority,
The local authority may, by notice, require an applicant for a safety certificate to furnish them within such reasonable time as they may specify in the notice with such information and such plans of the ground as they consider necessary for the purpose of discharging their functions in respect of the issue of safety certificates for the regulated stands at the ground.
If an applicant for a safety certificate fails to comply with a requirement under subsection (11) above within the time specified by the local authority, or within such further time as they may allow, he shall be deemed to have withdrawn his application.
The local authority who have issued a safety certificate for a regulated stand at a sports ground—
shall, if at any time it appears to them that the stand in respect of which it was issued is not or has ceased to be a regulated stand, revoke their previous determination and, by notice to its holder, cancel the certificate;
may, in any case where it appears appropriate to them to do so, amend the certificate by notice to its holder: or
may replace the certificate.
A safety certificate may be cancelled, amended or replaced under subsection (1) above either on the application of the holder or without such an application.
The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of such an inconsistency between a safety certificate and the Order.
Section 27 above shall apply on the amendment or replacement of a safety certificate.
The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part, amend the safety certificate by notice in writing to its holder so as to remove the requirement.
A notice under subsection (1)(b) or (1A) above amending a general safety certificate shall specify the date on which the amendment to which it relates is to come into operation, and the date so specified may be a date later than the date of issue of the notice.
If the local authority receive an application for the transfer of a safety certificate for a regulated stand at a sports ground from the holder to some other person it shall be their duty to determine whether that person would, if he made an application for the purpose, qualify for the issue of the certificate; and if they determine that he would, they may transfer the certificate to him and shall in any case notify him of their determination.
An application under subsection (5) above may be made either by the holder of the safety certificate or by the person to whom it is proposed that it should be transferred.
The local authority shall send a copy of an application for the transfer of a safety certificate for a regulated stand at a sports ground to the chief officer of police and where the local authority is in Wales, Greater London or a metropolitan county the fire authority or, in any other case, the building authority for the area in which it — for the area in which the sports ground is situated.
the chief officer of police, and
if the local authority are not the fire and rescue authority, the fire and rescue authority, and
if the local authority are not the building authority, the building authority,
The local authority shall consult the chief officer of police and where the local authority is in Wales, Greater London or a metropolitan county, the fire authority or, in any other case, the building authority about— about any proposal to amend, replace or transfer a safety certificate.
the chief officer of police, and
if the local authority are not the fire and rescue authority, the fire and rescue authority, and
if the local authority are not the building authority, the building authority,
The holder of a safety certificate may surrender it to the local authority, and it shall thereupon cease to have effect.
The local authority may cancel a safety certificate if the holder dies or (if a body corporate) is dissolved.
A person who has been served with a notice of a determination, which is or has become a final determination, of a local authority that any stand at a sports ground is a regulated stand may appeal against the determination to the court.
Any person who, on an application for the issue or transfer to him of a safety certificate for a regulated stand at a sports ground, has been served with a notice of the determination of a local authority that he does not or, in the case of an application for a transfer, would not qualify for the issue of the certificate may appeal against the determination to the court.
An applicant for a special safety certificate for a regulated stand at a sports ground may also appeal to the court against a refusal of his application on grounds other than a determination that he does not qualify for the issue of the certificate.
An interested party may appeal to the court against—
the inclusion of anything in, or the omission of anything from, a safety certificate for a regulated stand at a sports ground; or
the refusal of the local authority to amend or replace a safety certificate for a regulated stand at a sports ground.
Any appeal under this secton shall be brought within the period prescribed under section 31 below.
An appeal to the court under this section in England and Wales shall be by way of complaint for an order, the making of the complaint shall be deemed to be the bringing of the appeal and the Magistrates’ Courts Act 1980 shall apply to the proceedings.
An appeal to the court under this section in Scotland shall be by summary application.
In this section “interested party”, in relation to a safety certificate, includes—
the holder of the certificate;
any other person who is or may be concerned in ensuring compliance with the terms and conditions of the certificate;
the chief officer of police; and
where the local authority is in Wales,Greater London or a metropolitan county, the fire authority or, in any other case, the building authority.
if the local authority are not the fire and rescue authority, the fire and rescue authority; and
if the local authority are not the building authority, the building authority.
Subject to subsection (10) below, if a local authority serve on any applicant for a safety certificate a notice of a determination of theirs that he does not qualify for the issue of the certificate, he shall be deemed to have withdrawn his application on the expiry of the period within which an appeal must, by virtue of subsection (5) above, be brought.
Subsection (9) above shall not have effect if an appeal is brought before the expiry of the period referred to in that subsection, but if the appeal is withdrawn or the court upholds the authority’s determination, the appellant shall be deemed to have withdrawn his application on the date of the withdrawal of his appeal or of the court’s order on the appeal.
Where an appeal is brought against the inclusion of any term or condition in a safety certificate (whether it was included in the certificate originally or only on its amendment or replacement), the operation of that term or condition shall be suspended until the court has determined the appeal.
In England and Wales any of the following persons may appeal to the Crown Court against an order under this section, namely—
the local authority; and
any interested party.
In Scotland any of the following persons may appeal against an order under this section, namely— notwithstanding that that person was not party to the proceedings on the application.
the local authority; and
any interested party,
A safety certificate has no effect to the extent that it would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.
The Secretary of State may by regulations—
prescribe the procedure (subject to the provisions of this Part) for the issue, cancellation, amendment, replacement and transfer of safety certificates for regulated stands at sports grounds and the particulars to be given in applications for their issue, amendment, replacement or transfer;
authorise local authorities to determine, subject to such limits or in accordance with such provisions as may be prescribed by the regulations, the fees (if any) to be charged in respect of applications for the issue, amendment, replacement or transfer of safety certificates or in respect of applications for the cancellation of safety certificates for stands which have ceased to be regulated stands; and
prescribe the time within which appeals under section 30 above are to be brought.
Regulations under this section may contain such incidental and supplementary provisions as the Secretary of State thinks expedient.
The power to make regulations under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of the Secretary of State, before making regulations under this section, to consult with such persons or bodies of persons as appear to him requisite.
A safety certificate has no effect to the extent that it would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part.
If while a general safety certificate for a regulated stand at a sports ground is in operation it is proposed to alter or extend the stand or its installations, and the alteration or extension is likely to affect the safety of persons in the stand, the holder of the certificate shall, before the carrying out of the proposals is begun, give notice of the proposals to the local authority.
Subsection (1) above in particular requires notice when it is proposed to alter the entrances to or exits from a regulated stand at a sports ground (including any means of escape in case of fire or other emergency) or the means of access to any such entrances or exits.
While a general safety certificate is in force under this Part for a regulated stand at a sports ground, the following provisions shall not apply to the stand, that is to say—
section 37(1) of the Public Health Acts Amendment Act 1890 (platforms for public occasions);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 89 of the Civic Government (Scotland) Act 1982 (which makes provision as to the safety of platforms, stands and similar structures) in so far as that section relates to any matter in relation to which requirements are imposed by the terms and conditions of the safety certificate;
sections 24 and 71 section 24 of the Building Act 1984 (exits, entrances etc. in the case of certain public and other buildings); and
any provision of a local Act in so far as it relates to any matter in relation to which requirements are imposed by the terms and conditions of the safety certificate.
Where an enactment provides for the licensing of premises of any class or description and the authority responsible for licences thereunder is required or authorised to impose terms, conditions or restrictions in connection with such licences, then, so long as there is in operation with respect to the premises a safety certificate under this Part covering the use of the premises by reason of which a licence under that enactment is required, any term, condition or restriction imposed with respect to those premises in connection with any licence under that enactment shall be of no effect in so far as it relates to any matter in relation to which requirements are imposed by the terms and conditions of the certificate under this Part.
A person required by or under a local Act to do anything that would involve a contravention of the terms or conditions of a safety certificate under this Part shall not be treated as having contravened that Act if he fails to do it.
For the purposes of subsection (2)—
“the licensing of premises” includes the granting of a premises licence or club premises certificate under the Licensing Act 2003, and
“licence” is to be construed accordingly.
It shall be the duty of every local authority to enforce within their area the provisions of this Part and for that purpose to arrange for the periodical inspection of sports grounds at which there are regulated stands, but nothing in this subsection shall be taken to authorise a local authority in Scotland to institute proceedings for an offence.
In performing the duty imposed by subsection (1) above so far as it requires sports grounds in their areas to be inspected, local authorities shall act in accordance with such guidance as the Secretary of State may give them.
A person authorised by— may, on production if so required of his authority, enter a sports ground at any reasonable time, and make such inspection of the stands and such inquiries relating to them as he considers necessary for the purposes of this Part, and in particular may examine records of the number of spectators accommodated, and the maintenance of safety, in the regulated stands at the ground, and take copies of such records.
the local authority,
the chief officer of police, or
where the local authority is in Wales,Greater London or a metropolitan county, the fire authority or, in any other case, the building authority,
if the local authority are not the fire and rescue authority, the fire and rescue authority, or
if the local authority are not the building authority, the building authority,
Subject to subsections (2), (5) and (6) below, if— any responsible person and, if a safety certificate is in operation, the holder of the certificate, shall be guilty of an offence.
spectators are admitted to a regulated stand at a sports ground on an occasion when no safety certificate which covers their use of the stand is in operation for it, or
any term or condition of a safety certificate for a regulated stand at a sports ground is contravened,
No offence under subsection (1)(a) above is committed if—
the determination that the stand is a regulated stand is not a final one, or
an application has been made for a general safety certificate for the stand and has not been withdrawn or deemed to have been withdrawn.
In subsection (1) above “responsible person” means the person who is concerned in the management of the sports ground or of the regulated stand in question or in the organisation of any activity taking place at the ground at the time when an offence is alleged to have been committed.
A person guilty of an offence under subsection (1) above shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Where any person is charged with an offence under subsection (1) above it shall be a defence to prove—
that the spectators were admitted or the contravention of the certificate in question took place without his consent; and
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
Where any person is charged as a responsible person with an offence under subsection (1)(a) above it shall be a defence to prove that he did not know of the determination that the stand in relation to which the offence is alleged to have been committed is a regulated stand.
Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
in purporting to carry out a requirement under section 28(11) above or for the purpose of procuring a safety certificate or the cancellation, amendment, replacement or transfer of a safety certificate, knowingly or recklessly makes a false statement or knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document containing a false statement; or
fails to give a notice required by section 32(1) above; or
intentionally obstructs any person in the exercise of powers under section 35 above, or without reasonable excuses refuses, neglects or otherwise fails to answer any question asked by any person in the exercise of such powers,
Where an offence under this Part which has been committed by 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 other similar officer of the body corporate, or any person who was 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.
Where the affairs of a body corporate are managed by its members, subsection (8) 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.
Except in so far as this Part otherwise expressly provides, and subject to section 18 of the Interpretation Act 1978 (offences under two or more laws), the provisions of this Part shall not be construed as—
conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part or of any of the terms or conditions of a safety certificate thereunder; or
affecting any requirement or restriction imposed by or under any other enactment whether contained in a public general Act or in a local or private Act; or
derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part.
Any notice or other document required or authorised by or by virtue of this Part 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.
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.
For the purposes of this section, and of section 7 of the Interpretation Act 1978 (service of documents) 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 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 case shall be the last known address of the person to be served.
The Secretary of State may, as respects any specified class of stand at sports grounds, by order modify the provisions of this Part in their application to stands of that class.
An order under this section may—
make different modifications in relation to different activities taking place at sports grounds; and
include such supplementary and transitional provision as the Secretary of State thinks expedient.
The power to make an order under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
It shall be the duty of the Secretary of State, before making an order under this section, to consult with such persons or bodies of persons as appear to him requisite.
Sections 26 to 29 above bind the Crown, but shall have effect, in relation to premises occupied by the Crown, with the substitution of a reference to the Secretary of State for any reference to the local authority.
Nothing in this Part shall be taken to authorise the entry of premises occupied by the Crown.
In this Part—
"spectator" means any person occupying accommodation provided in stands for spectators at a sports ground;
section 28 shall apply to the premises or to any other premises comprised in the same building—
with the substitution of the foregoing words (reading “this section” for “section 28”) for subsection (1);
with the insertion, in subsection (2)(a), after “8(5)” of “ 9D(1) ”; and
with the substitution, for subsection (2)(c) of the following—
in England outside Greater London and the metropolitan counties, . . . the county council;
in Greater London, the London borough council or the Common Council of the City of London;
in Scotland, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
in England outside Greater London and the metropolitan counties, or in Wales, the county council;
in Scotland, the regional or islands council;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 12 to the London Government Act 1963 (licensing of certain public entertainments in London), after paragraph 3 there shall be inserted the following paragraphs—
The consequential amendments of the said Schedule 12 specified in Schedule 3 to this Act shall also have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 41 of the Civic Goverment (Scotland) Act 1982 (“the 1982 Act”) there shall be inserted the following section—.
On and after the date of coming into force of this section an application made (but not decided) before that date for the grant or renewal of a licence for the use of premises as a place of public entertainment shall, where the entertainment for which the premises are to be used will be a public sports entertainment as mentioned in section 41A of the 1982 Act, be treated for all purposes as an application for a grant or renewal (as the case may be) of a licence under the said section 41A.
On and after the date of coming into force of this section a licence granted or renewed before that date for the use of premises as a place of public entertainment under section 41(2) of the 1982 Act shall, where the entertainment for which the premises are to be used will be a public sports entertainment as mentioned in section 41A of the 1982 Act, be deemed for all purposes to have been granted or renewed under the said section 41A.
In section 9 of the 1982 Act (which makes provision for licensing authorities to resolve when licensing is to be required) in subsection (1) after the words “to 43” there shall be inserted the words “ (except section 41A) ”.
In section 41 of the 1982 Act (which makes provision for public entertainment licences) in subsection (2) after paragraph (a) there shall be inserted the following paragraph—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 10 of the Local Government (Miscellaneous Provisions) Act 1982 (luminous tube signs of certain voltage to have firemen’s switches)—
in subsection (1), for the words “650 volts” there shall be substituted the words “ the prescribed voltage ”; and
after subsection (1), there shall be inserted the following subsections—
In section 98 of the Civic Government (Scotland) Act 1982 (power of Secretry of State to make regulations for safe operation of electrical luminous tube signs) in subsection (2) for the words “normally exceeding 650 volts” there shall be substituted the words “ of such description as may be specified in regulations made under subsection (1) above ”.
Subject to subsection (2) below, the enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The transitional and saving provisions contained in Schedule 5 to this Act shall have effect.
This Act may be cited as the Fire Safety and Safety of Places of Sport Act 1987.
This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be so appointed for different provisions or for different purposes.
This Act does not extend to Northern Ireland and—
in Part IV, sections 42 and 43 extend to England and Wales only and section 44 extends to Scotland only; and
in Part V, sections 46 and 47 extend to England and Wales only and section 48 extends to Scotland only.
Except as provided by an order under subsection (5) below, Parts II and III of this Act do not extend to the Isles of Scilly.
The Secretary of State may by order direct that Parts II and III of this Act shall, subject to such exceptions, adaptations and modifications as may be specified in the order, extend to the Isles of Scilly.
An order under subsection (5) above may contain such incidental and consequential provisions, including provisions conferring powers or imposing duties on the Council of the Isles of Scilly, as the Secretary of State thinks necessary.
An order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to paragraph 2 below, the following are the descriptions of premises in relation to which this Act is subject to the modifications specified in relation to them in Part II—
premises constituting, or forming part of, a factory within the meaning of the Factories Act1961 and premises to which sections 123(1) and 124 of that Act (application to electrical stations and institutions) apply (in this Schedule referred to as “factory premises”);
office premises within the meaning of the Offices, Shops and Railway Premises Act 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “office premises”);
railway premises within the meaning of that Act of 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “railway premises”); and
shop premises within the meaning of that Act of 1963, or premises deemed to be such premises for the purposes of that Act (in this Schedule referred to as “shop premises”).
Premises which are deemed to form part of a mine for the purposes of the Mines and Quarries Act 1954 are excluded from the descriptions of premises mentioned in sub-paragraphs (b) to (d) of paragraph 1 above.
This paragraph applies to premises in respect of which a fire certificate is required which are factory premises, office premises, railway premises or shop premises, and which— In relation to premises to which this paragraph applies this Act shall have effect with the following modifications. For the references to the occupier in sections 5(2A), 5A(4), 5A(6), 5A(8), 5B(3), 5B(4), 5B(5), 6(5), 7(1), 7(3A), 7(4), 8(2) (except paragraph (c) and the insertion made by sub-paragraph (5) below), 8(4), 8(5), 8(7), 8B(1), 9(5)(b), 9A(3), 9D(1) and 12(8)(b) there shall be substituted— For the words “a fire certificate” where they occur in section 6(8) and where they first occur in section 7(6) there shall be substituted the words “ a copy of the fire certificate ” and in section 6(8) at the end of the subsection there shall be inserted the words “ and the fire certificate shall be sent to the owner of the building or, as the case may be, the person who owns the part of the building of which the premises consist. ” In sections 8(2) and 8A(1) after the words “fire authority;” there shall be inserted the words “ and the occupier shall, before the carrying out of the proposals is begun, furnish to the persons responsible for giving notice of the proposals to the fire authority any information in his possession which is relevant to those proposals; ”. In section 8A(1) for the references to the occupier (except the reference inserted by sub-paragraph (5) above) there shall be substituted— The expressions “owner of the building” and “the persons who between them own the building” do not include the Crown in the modifications made—
In section 6(1) as it has effect in relation to factory premises there shall be inserted after paragraph (e) the following paragraph—
particulars as to any explosive or highly flammable materials which may be stored or used in the premises,
In section 8 as it has effect in relation to factory premises—
for paragraph (c) of subsection (2) there shall be substituted the following paragraph—; and
in subsection (3) for the words from “keep explosive” to “that kind” there shall be substituted the words “ store or use explosive or highly flammable materials in the premises or materially to increase the extent of such storage or use ”.
In section 8A as it has effect in relation to factory premises, for paragraph (b) of subsection (2) there shall be substituted the following paragraph—
Where a licence issued under the Explosives Act 1875 or the Petroleum (Consolidation) Act 1928 is in force with respect to factory premises, office premises, shop premises, or railway premises, section 31 of this Act shall not have effect in relation to any term, condition or restriction imposed in connection with the issue, renewal, transfer or variation of such licence.
Where any premises (”the relevant premises”)—
are premises for which a fire certificate is required, premises for which a fire certificate is in force, premises to which section 9A of this Act applies or premises to which regulations under section 12 of this Act apply, and
are factory premises, office premises, shop premises or railway premises,
Section 42.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraph (1), after the words "which is provided" there shall be inserted the words "wholly or mainly in the open air" and the words "at the Royal Albert Hall" shall be omitted;
in sub-paragraph (5), for the words '"occasional sports licence'" there shall be substituted the words '"occasional outdoor boxing or wrestling licence'"; and
after sub-paragraph (6), there shall be inserted the following sub-paragraph—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in sub-paragraphs (l)(a) and (3), after the words "paragraph 1" there shall be inserted ", 3A"; and
in sub-paragraph (4). after the words "paragraph 2(1)" there shall be inserted the words 3B(1)".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 49. Chapter Short title Extent of repeal 1963 c.33. London Government Act 1963. In Schedule 12, in paragraph 1(6), the words “or the Royal Albert Hall”, paragraph 4(1)(b) and paragraph 20. 1971 c.40. Fire Precautions Act 1971. In section 2, the words from “of any of the following” to “any premises” where last occurring.In section 5(3)(c), the words from “for use” to “the building”.In section 6(1)(d), the words from “for use” to “the building”.In section 12(1), the words “other than paragraph (d)”.In section 43(1), in the definition of “the court”, the words “and the Schedule thereto”.Section 43(2). 1974 c.37. Health and Safety at Work etc. Act 1974. Section 78(4). 1975 c.52. Safety of Sports Grounds Act 1975. Section 5(4), (6), (7) and (8).In section 7, in subsection (3), the words “, subject to subsection (4) below,” and subsections (4) and (5).In section 12(2), the words “stadium or other”.Section 15.In section 17(1), the definition of “sports stadium”.
Section 49.
In this Schedule—
in Scotland, the local authority within the meaning of the Building (Scotland) Act 2003 (asp 8);
“the 1971 Act” means the Fire Precautions Act 1971;
“general safety certificate” has the meaning assigned to it by section 26(11) above;
“means of access” includes means of access from a highway or, in Scotland, from a road;
.........
Where immediately before a fire certificate becomes required by or under the 1971 Act in respect of any premises a fire certificate issued or deemed to be issued under regulations made under the Health and Safety at Work etc. Act 1974 (a “1974 Act certificate”) was in force in respect of those premises, the 1974 Act certificate shall continue in force and shall be deemed to be a fire certificate within the meaning of the 1971 Act validly issued with respect to the premises with respect to which it was issued and to cover the use or uses to which those premises were being put immediately before a fire certificate becomes required by or under the 1971 Act in respect of those premises; and, without predjudice to the generality of the foregoing, the 1974 Act certificate—
may be amended, replaced or revoked in accordance with the provision of the 1971 Act; and
shall be treated as imposing in relation to the premises the like requirements as were previously imposed in relation to the premises.
Section 8B of the 1971 Act which is inserted by section 3 of this Act does not apply as respects an application for a fire certificate made before the said section 3 comes into force.
The substitution effected by section 9 of this Act of section 10 of the 1971 Act shall not affect any order of the court in force under that section when that substitution comes into force and any such order may be enforced, or an appeal made against it, accordingly.
Any designation of a sports ground made under section 1 of the 1975 Act by virtue of an order under section 15 of that Act and in force immediately before the repeal of section 15 by section 19 of this Act shall not be affected by the repeal but shall continue in force as if made under section 1 as amended by section 19 of (and Schedule 2 to) this Act.
The amendments effected by section 22 of this Act in section 5 of the 1975 Act shall not affect any appeal pending when those amendments come into force and any such appeal may be determined (with or without an inquiry and report thereon), and the decision on the appeal shall have effect, accordingly.
The substitution effected by section 23 of this Act of section 10 of the 1975 Act shall not affect any order of the court in force under that section when that substitution comes into force and any such order may be enforced, modified or cancelled, or an appeal made against it, accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
have effect as from that date as if granted under the paragraph 3A inserted by those amendments by the Council on and subject to terms, conditions and restrictions corresponding to those on and subject to which it was held immediately before that date; and
in the case of a licence granted or renewed for a specified period, remain in force, subject to paragraphs 8, 10(4) and 18 of the said Schedule 12, for so much of that period as falls on or after that date.
Section 19. Section Amendment Section 1(1). For the words “a stadium”, substitute the words “ a sports ground ”.For the words “any sports stadium”, substitute the words “ any sports ground ”. Section 1(2). For the word “stadium”, wherever occurring, substitute the word “ ground ”. Section 1(3). For the word “stadium”, wherever occurring, substitute the word “ sports ground ”. Section 1(4). For the words “ “designated stadium””, substitute the words “designated sports ground” .For the word “a stadium”, substitute the words “ a sports ground ”. Section 2(1), (3) and (4). For the word “stadium”, wherever occurring, substitute the words “ sports ground ”. Section 3. For the word “stadium”, wherever occurring, substitute the words “ sports ground ”. Section 4(7). For the word “stadium”, substitute the words “ sports ground ”. Section 8. For the word “stadium”, wherever occurring, substitute the words “ sports ground ”. Section 9(1). For the word “stadium”, substitute the words “ sports ground ”. Section 9(1)(b). For the words from “sections 168” to “relate”, substitute “ section 89 of the Civic Government (Scotland) Act 1982 (which makes provision as to the safety of platforms, stands and other structures), in so far as that section relates ”. Section 12(1). For the word “stadium”, wherever occurring, substitute the words “ sports ground ”. Section 12(2). Omit the words “stadium or other”. Section 17(1). For the words “ “designated stadium””, substitute the words “designated sports ground” .Omit the definition of “sports stadium”.