Statement by the Delegation of the United States of America in response to the report by the Co-ordinator of OSCE Economic and Environmental Activities, Dr. Halil Yurdakul Yigitgüden
In the Football Spectators Act 1989 (referred to in this Act as the 1989 Act) in section 15 (which confers powers on courts to make restriction orders) for subsections (1) to (5) substitute—
In consequence of subsection (1)—
for “A “restriction order””, in section 14(4) of the 1989 Act, substitute “An “international football banning order””,
for “a restriction order”, wherever occurring in sections 14(5), 16(2) and (4), 17(5) and (6), 18 to 20, 22 and 23 of the 1989 Act, substitute “an international football banning order”,
for “restriction orders”, wherever occurring in sections 14, 19 and 21 of the 1989 Act, substitute “international football banning orders”,
for “the restriction order”, wherever occurring in sections 17 and 18 of the 1989 Act, substitute “the international football banning order”,
for “a restriction order”, in section 10(3)(c)(iv) of the Criminal Appeal Act 1968, substitute “an international football banning order”, and
for “reporting duty imposed by restriction order”, in section 24(2)(q) of the Police and Criminal Evidence Act 1984, substitute “duty imposed by international football banning order”.
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In section 23 of the 1989 Act (further provision about, and appeals against, declarations of relevance) in subsection (1) (court may not make declaration of relevance unless satisfied prosecutor gave notice to defendant that it was proposed to show that offence related to football matches) after “football matches” insert “ , to a particular football match or to particular football matches (as the case may be). ”.
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for “19(3)(b)” substitute “19(3)(a) or (b)”, and
for the words from “any police station” to the end substitute “the police station in England and Wales specified in the notice by which the requirement is imposed at the time or between the times specified in the notice.”
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for “No requirement to report under subsection (3)(b)” substitute “No requirements under subsection (3)(b)”,
for “unless imposing it” substitute “unless imposing them”, and
for “any person or class of persons ought to be required to report under that paragraph” substitute “requirements under that paragraph ought to be imposed on any person or class of person”.
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In section 21 of the 1989 Act (functions of enforcing authority: supplementary provisions) in subsection (3) (regulations about notices under section 19 imposing requirements to report to police stations) the words “imposing requirements to report to police stations” are repealed.
In subsection (6) of that section (notice taken to be received by person unless he proves he did not receive it and did not know and had no reasonable cause to believe that he had been required to report to a police station) for “he had been required to report to a police station” substitute “ requirements had been imposed on him under section 19 above ”.
In section 16 of the 1989 Act (effect of order) for subsection (1) substitute—
In section 17 of the 1989 Act (application to terminate order) for subsection (1) substitute—
Section 22 of the 1989 Act (orders arising out of offences outside England and Wales) is amended as follows.
After subsection (1) (power to specify offences which appear to correspond to any offence specified in Schedule 1) insert—
For subsection (5) (order may not be made unless court satisfied that order would help prevent violence or disorder) substitute—
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For subsections (9) to (11) (which make provision in relation to certificates as to the conviction of persons of corresponding offences outside England and Wales) substitute—
In the Public Order Act 1986 (referred to in this Act as the 1986 Act) for section 30 (which confers powers on courts to make exclusion orders) substitute—
In consequence of subsection (1)—
for “an exclusion order”, wherever occurring in sections 32(1) and (3) and 33 to 35 of the 1986 Act, substitute “a domestic football banning order”,
for “the exclusion order”, wherever occurring in sections 33 to 35 of the 1986 Act, substitute “the domestic football banning order”,
for “an exclusion order”, in section 7(1) of the 1989 Act, substitute “a domestic football banning order”,
for “exclusion orders”, in section 27(5) of the 1989 Act, substitute “domestic football banning orders”, and
in section 10(3) of the Criminal Appeal Act 1968 (appeals against sentence by Crown Court) in paragraph (c), after sub-paragraph (v) insert—.
For section 31 of the 1986 Act (offences connected with football) substitute—
In consequence of subsection (1)—
in section 10(3) of the Criminal Appeal Act 1968 (appeals against sentence by Crown Court) in paragraph (c), after the sub-paragraph (vi) inserted by section 6(2)(e) of this Act insert—,
in section 50 of that Act (meaning of sentence) in subsection (1)(h) (which contains a reference to a declaration of relevance under the 1989 Act) after “under” insert “section 31 of the Public Order Act 1986 or under”, and
in section 108(3) of the Magistrates' Courts Act 1980 (which contains a reference to a declaration of relevance under the 1989 Act) after “under” insert “section 31 of the Public Order Act 1986 or under”.
In section 32 of the 1986 Act (effect of order) for subsection (2) (which sets out the period for which an order may have effect) substitute—
In subsection (3) of that section (person entering premises in breach of order guilty of offence and liable on summary conviction to imprisonment for term not exceeding 1 month or a fine not exceeding level 3 on standard scale or both)—
for “1 month” substitute “six months”, and
for “level 3” substitute “level 5”.
In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences) after paragraph (q) insert—
In consequence of subsection (3), section 32(4) of the 1986 Act (power of arrest without warrant) is repealed.
In section 34(2) of the 1986 Act (action following termination of order under section 28) for “section 28” substitute “section 33”.
Section 3 of the Football (Offences) Act 1991 (indecent or racialist chanting) is amended as follows.
In subsection (1) (which makes it an offence to take part at a designated football match in chanting of an indecent or racialist nature) for “take part at a designated football match in chanting of an indecent or racialist nature” substitute “ engage or take part in chanting of an indecent or racialist nature at a designated football match ”.
In subsection (2)(a) (which defines chanting as the repeated uttering of any words or sounds in concert with one or more others) for “in concert with one or more others” substitute “ (whether alone or in concert with one or more others) ”.
In section 166 of the Criminal Justice and Public Order Act 1994 (which creates an offence in respect of the sale by unauthorised persons of tickets for designated football matches) for subsection (2)(c) (which contains a definition of designated football match which applies only to matches in England and Wales) substitute—
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
This Act may be cited as the Football (Offences and Disorder) Act 1999.
This Act is to come into force at the end of the period of two months beginning with the day on which it is passed.
Nothing in this Act is to apply to offences committed, or orders made, before the day on which it comes into force.
In this Act—
“the 1986 Act” means the Public Order Act 1986,
“the 1986 Act” means the Public Order Act 1986,
“the 1989 Act” means the Football Spectators Act 1989.
“the 1989 Act” means the Football Spectators Act 1989.
This Act extends to England and Wales only.