Permanent Council Decision No. 1234
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.
for making banning orders which combine the effect of domestic football banning orders and international football banning orders,
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,
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,
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),
Schedule 2 (which makes minor and consequential amendments) is to have effect.
The enactments specified in Schedule 3 are repealed to the extent specified.
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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.
any supplementary, incidental or consequential provision,
any transitory, transitional or saving provision,
The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.
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.
... 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.
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.
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.
Section 1 shall come into force on such day as the Secretary of State may by order appoint.
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no application under section 14B of the Football Spectators Act 1989 (banning orders made on a complaint) may be made, and
no power conferred on a constable by section 21A or 21B of that Act (summary measures) may be exercised,
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This Act extends to England and Wales only.
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.
This Act may be cited as the Football (Disorder) Act 2000.
Section 1.
The Football Spectators Act 1989 is amended as follows.
For section 14 (and the preceding cross-headings) and sections 15 to 17 there is substituted—
Section 19 (functions of enforcing authority etc.) is amended as follows. For the words from “international” in subsection (2) to the end of subsection (4) there is substituted—the banning order, so far as relating to regulated football matches outside England and Wales.
After section 21 there is inserted—
For Schedule 1 (relevant offences) there is substituted—
Section 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.
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The Public Order Act 1986 is amended as follows.
Sections 30 to 34 (domestic football banning orders) are omitted.
In section 35 (photographs)—
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,
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”,
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 ”.
Section 36 (prescribed matches) is omitted.
In section 37 (extension to other sporting events),—
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 ”,
in subsection (2), for “those sections” there is substituted “ that section and that Part ”.
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. 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.
The Football Spectators Act 1989 is amended as follows.
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 ”.
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 ”.
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for “(n), (o) or (p)” there is substituted “1(q), (r), (s) or (t)”,
for “football match designated for the purposes” there is substituted “regulated football matches (within the meaning”.
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in subsection (1), after “football matches)” there is inserted “or a banning order under Part II of this Act”,
in subsection (5), for the words from “specified” to the end there is substituted “to which Schedule 1 to this Act applies”,
subsection (6) is omitted.
in subsection (10), for paragraph (a) there is substituted—.
In section 18 (information)—
in subsection (1)—
at the end of paragraph (b) there is inserted “ and to any prescribed person ”,
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 ”,
in subsection (2)—
for “section 17” there is substituted “ section 14H ”,
after “authority” in paragraph (b) there is inserted “ and to any prescribed person ”,
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 ”,
for subsection (3) there is substituted—
In section 20 (exemptions)—
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 ”,
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 ”,
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 ”,
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 ”,
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 ”.
In section 21(3) (functions of enforcing authority: supplementary), for “international football banning orders” there is substituted “ banning orders ”.
In section 22 (football banning orders arising out of offences outside England and Wales)—
in subsections (1) and (1A), for “specified in Schedule 1 to this Act” there is substituted “ to which Schedule 1 to this Act applies ”,
for subsection (8) there is substituted—
After section 22 there is inserted—
In section 27 (citation etc.)—
after subsection (4) there is inserted—,
in subsection (5)—
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 ”,
the words following “this Act” are omitted.
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Section 1. Chapter Short title Extent of repeal 1968 c. 19. Criminal Appeal Act 1968. Section 10(3)(c)(vi) and (vii). In section 50(1)(h), “section 31 of the Public Order Act 1986 or”. 1980 c. 43. Magistrates’ Courts Act 1980. In section 108(3), “section 31 of the Public Order Act 1986 or under”. 1984 c. 60. Police and Criminal Evidence Act 1984. Section 24(2)(r). 1986 c. 64. Public Order Act 1986. Sections 30 to 34. Section 36. 1989 c. 37. Football Spectators Act 1989. Section 7(6). 1991 c. 19. Football (Offences) Act 1991. Section 5(3). 1994 c. 33. Criminal Justice and Public Order Act 1994. In section 166(2)(c), “or Part II”. 1996 c. 16. Police Act 1996. In Schedule 7, paragraph 42. 1998 c. 37. Crime and Disorder Act 1998. Section 84. 1999 c. 21. Football (Offences and Disorder) Act 1999. Section 1. In section 2, subsections (1) and (2), in subsection (3) “and in section 14(6) of the 1989 Act (which contains a reference to section 1(8) of that Act) after “1(8)” insert “and (8A)””, subsection (4) and subsection (5). Section 3(1) to (11). Section 4. Section 5(4). Sections 6 to 8. 2000 c. 6. Powers of Criminal Courts (Sentencing) Act 2000. In Schedule 9, paragraph 125.