Select Committee on Delegated Powers and Deregulation Nineteenth Report



ANNEX 2

Football (Offences and Disorder) Bill

Memorandum by the Home Office

This memorandum is provided by the Home Office and draws attention to the provisions in the Football (Offences and Disorder ) Bill which affect delegated powers in existing legislation.

Clause 5: Offences outside England and Wales

Clause 5 of the Bill amends section 22 of the Football Spectators Act 1989 (c. 37). That section enables restriction orders (renamed "international football banning orders" by clause 1 of the Bill) to be made in relation to residents of England and Wales who commit offences in other countries which correspond to those in Schedule 1 to that Act.

Clause 5(2)

Section 22 (1) of the 1989 Act provides that Her Majesty may by Order in Council specify offences under the law of any country which correspond to those in Schedule 1.

Clause 5(2) of the Bill adds a new subsection (1A) to section 22 to the effect that offences specified in an Order in Council may be regarded as corresponding to an offence in Schedule 1 notwithstanding that any period specified in the Order is longer than any corresponding period specified in the Schedule.

PURPOSE

Section 1(8) and 1(8A) (inserted by clause 2(3) of the Bill) of the Football Spectators Act 1989 specify a period in which certain offences must be committed in order to be regarded as relevant offences for the making of an international football banning order. The purpose of the amendment to section 22 of the 1989 Act in clause 5(2) is to enable this period to be lengthened in relation to designated football matches played outside England and Wales. The amendment recognizes the fact that where matches are played abroad, offences of violence or disorder relevant to that match may be committed over a longer timescale than in relation to a domestic match.

Clause 5(5)

Clause 5(5) of the Bill substitutes new subsections (9) to (11) in section 22 of the 1989 Act.

PURPOSE

Clause 5(5) simplifies the process under which details of convictions for corresponding football-related offences committed outside England and Wales are provided. The Order in Council in relation to each country will be able to specify the documentary form in which the details required by the court are to be provided.

PARLIAMENTARY PROCEDURE

Section 22(12) of the 1989 Act provides that Orders under that section are to be subject to negative resolution procedure. The Bill does not alter that requirement.

16 June 1999


 
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