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Culture and Recreation Bill [H.L.]
 
 

 
 
A

B I L L

TO

Make further provision in relation to the safety of sports grounds and the arrangements to be made for or in connection with spectators at certain football matches; to make further provision in relation to the regulation of royal parks and the functions of the Historic Buildings and Monuments Commission for England; to make further provision in relation to culture, films, libraries, museums and galleries; to make further provision in relation to the Osborne Estate, public statues in Greater London, and certain bodies established by the Development of Tourism Act 1969; to make provision relating to the Superannuation Act 1972 in connection with culture or recreation; and for connected purposes.

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:-
 

  PART I
  SAFETY AT SPORTS GROUNDS
 
The Sports Ground Safety Authority
Football Licensing Authority to become the safety authority.     1. - (1) The body corporate established by section 8 of, and Schedule 2 to, the Football Spectators Act 1989 shall continue in being (notwithstanding the repeal of those provisions by this Act) but, instead of being called the Football Licensing Authority, shall be called the Sports Ground Safety Authority (in this Part referred to as "the safety authority").
 
      (2) The safety authority shall consist of a chairman and not less than 4 nor more than 8 other members.
 
      (3) The chairman and other members of the safety authority shall be appointed by the Secretary of State.
 
      (4) Schedule 1 shall have effect with respect to the safety authority.
 
      (5) The expenses of the safety authority shall be paid by the Secretary of State.
 
Consequential amendments to Football Spectators Act 1989.     2. - (1) In consequence of section 1, amend section 1 of the Football Spectators Act 1989 (scope and interpretation of Part I) as follows.
 
      (2) In subsection (4)(b) (inclusion in order under subsection (2) of provision requiring spectators to be authorised spectators) for the words following "authorised spectators" substitute "to the extent determined under the order by the safety authority and subject to any conditions included by virtue of section 2(1A) of the Safety of Sports Grounds Act 1975 in any safety certificate under section 1(3) of that Act in respect of the use of the ground."
 
      (3) After subsection (6) insert-
 
      (6A) The "safety authority" means the Sports Ground Safety Authority (see section 1 of, and Schedule 1 to, the Culture and Recreation Act 2001).
 
 
Spectators at designated football matches
Abolition of offence of admitting spectators to unlicensed premises.     3. - (1) Section 9 of the Football Spectators Act 1989 (offence of admitting spectators to unlicensed premises) shall cease to have effect.
 
      (2) Sections 10 to 12 of the Football Spectators Act 1989 (which relate to licences to admit spectators) shall also cease to have effect.
 
      (3) Where-
 
 
    (a) immediately before commencement, there is in force in relation to any premises a licence under section 10 of the Football Spectators Act 1989 which is subject to any conditions imposed by virtue of subsection (5) or (8) of that section, and
 
    (b) immediately after commencement, there is in force a safety certificate in respect of the use of those premises,
       subsection (4) shall have effect.
 
      (4) In any such case, the conditions shall have effect as from commencement-
 
 
    (a) as if they were instead conditions included in the safety certificate pursuant to section 2(1A) of the Safety of Sports Grounds Act 1975 (which is inserted into that Act by section 4(2)), and
 
    (b) as if references in the conditions to the Football Licensing Authority were references to the safety authority,
       and the conditions may be varied or deleted accordingly.
 
      (5) Any notification under paragraph (d) of section 10(12) of the Football Spectators Act 1989 (considerations to which the Football Licensing Authority is to have regard in taking licensing decisions) which-
 
 
    (a) specifies any matter (for example, the design, layout or strength of the crush barriers or the provision of radial gangways) as a consideration determined and notified under that paragraph, and
 
    (b) is in force, immediately before commencement, in relation to premises of a description specified in the notification,
       shall have effect as from commencement as if it were an order under section 5(1)(b) directing the safety authority to require a local authority to include in any safety certificate in respect of the use of premises of that description for the playing of designated football matches conditions in respect of that matter.
 
      (6) Any order under section 11 of the Football Spectators Act 1989 (power of Secretary of State to require conditions relating to seating)-
 
 
    (a) directing the Football Licensing Authority to include a condition in a licence relating to premises specified or described in the order, and
 
    (b) in force immediately before commencement,
       shall have effect as from commencement as if it were an order under section 5(1)(a) directing the safety authority to require the local authority to include the condition in any safety certificate relating to the use of the premises.
 
      (7) Any notification or order treated under subsection (5) or (6) as if it were an order under section 5(1)(a) or (b) may be amended or revoked accordingly.
 
      (8) In this section-
 
 
    "commencement" means the coming into force of subsection (1) as respects the premises in question;
 
    "safety certificate" means a safety certificate under section 1(3) of the Safety of Sports Grounds Act 1975.
Terms and conditions instead to be included in safety certificates.     4. - (1) Amend section 2 of the Safety of Sports Grounds Act 1975 (contents of safety certificates) in accordance with subsections (2) and (3).
 
      (2) After subsection (1) insert-
 
      (1A) A safety certificate in respect of the use of a sports ground in England or Wales at which designated football matches are played must also contain such terms and conditions as the local authority is required to include in the certificate by the safety authority acting-
 
 
    (a) under section 5 of the Culture and Recreation Act 2001 (directions by Secretary of State to require conditions as to seating or standing), or
 
    (b) under section 8 of that Act (safety authority's powers where it has review function) in pursuance of a direction given by the Secretary of State by order under section 5(1) of that Act,
       whether or not those terms and conditions are such as the local authority could include in the safety certificate by virtue of subsection (1) above.
 
      (3) At the end of the section add-
 
      (7) In this section-
 
 
    "designated football match" has the same meaning as in Part I of the Culture and Recreation Act 2001 (see section 14 of that Act);
 
    "the safety authority" means the Sports Ground Safety Authority (see section 1 of, and Schedule 1 to, the Culture and Recreation Act 2001).
      (4) In section 16(1) of the Safety of Sports Grounds Act 1975 (which applies sections 1 to 4 and 6(2) to the Crown) insert at the beginning "Except for section 2(1A),".
 
Directions by Secretary of State: conditions as to seating or standing.     5. - (1) The Secretary of State may by order direct the safety authority to require a local authority to include in any safety certificate under section 1(3) of the Safety of Sports Grounds Act 1975 in respect of the use of a sports ground in England or Wales terms or conditions as respects-
 
 
    (a) the seating of spectators, or
 
    (b) the provision to be made for standing spectators,
       at designated football matches at that sports ground.
 
      (2) The terms or conditions which, in pursuance of a direction under subsection (1), the safety authority requires the local authority to include in a safety certificate shall (subject to any specific requirements of the direction) be such as the safety authority considers appropriate.
 
      (3) The terms or conditions that may be included by virtue of this section in a safety certificate include terms or conditions relating to-
 
 
    (a) the accommodation to be provided at the sports ground; or
 
    (b) the arrangements to be made as respects the spectators admitted to the sports ground.
      (4) The conditions that may be included by virtue of this section include-
 
 
    (a) in the case of a direction under paragraph (a) of subsection (1), conditions imposing requirements as respects the seating of spectators, and
 
    (b) in the case of a direction under paragraph (b) of that subsection, conditions imposing requirements as respects the provision to be made for standing spectators,
       at designated football matches at that sports ground.
 
      (5) The conditions included by virtue of this section must include a condition that an inspector appointed by the safety authority shall be entitled, on production, if so required, of his authority-
 
 
    (a) to enter the sports ground at any reasonable time if a designated football match is being or is to be played there; or
 
    (b) to make such inspection of the sports ground and such inquiries relating to it as he considers necessary for the purposes of this Part.
      (6) A direction under subsection (1) may require the safety authority to require-
 
 
    (a) the issue of a safety certificate incorporating the terms or conditions; or
 
    (b) the amendment of a safety certificate so that it incorporates the terms or conditions.
      (7) The safety authority may at any time, by notice in writing to the local authority, vary the terms and conditions which are required to be included in a safety certificate by virtue of this section and, where the safety authority gives such a notice, it may also require-
 
 
    (a) the issue of a safety certificate incorporating the terms or conditions; or
 
    (b) the amendment of a safety certificate so that it incorporates the terms or conditions.
      (8) This section is subject to section 6.
 
      (9) Expressions used in this section and in the Safety of Sports Grounds Act 1975 have the same meaning in this section as they have in that Act.
 
Provisions supplementary to section 5.     6. - (1) This section has effect for the purpose of supplementing section 5 and shall be construed as one with that section.
 
      (2) Before giving a direction under section 5(1) in relation to any sports ground, the Secretary of State shall consult the safety authority which may, if it thinks fit, make recommendations to him.
 
      (3) The safety authority shall not make any recommendations under subsection (2) without consulting the local authority.
 
      (4) The safety authority shall not, by virtue of a direction under section 5(1), require a local authority to include any terms or conditions in a safety certificate unless the safety authority has consulted the bodies and persons specified in subsection (5).
 
      (5) Those bodies and persons are-
 
 
    (a) the local authority;
 
    (b) the chief officer of police; and
 
    (c) either-
 
      (i) the fire authority, if the local authority is in Wales, Greater London or a metropolitan county; or
 
      (ii) the building authority, in any other case.
      (6) As respects any terms or conditions which, by virtue of a direction under section 5(1), the safety authority requires a local authority to include in a safety certificate, the local authority need not consult-
 
 
    (a) the chief officer of police,
 
    (b) the fire authority, or
 
    (c) the building authority,
       under section 3(3) or 4(8) of the Safety of Sports Grounds Act 1975 before issuing a safety certificate or about any proposal to amend or replace one.
 
      (7) The safety authority shall not vary the terms or conditions required to be included in a safety certificate by virtue of a direction under section 5 without-
 
 
    (a) notifying the holder of the safety certificate in writing of the proposed alterations or additions;
 
    (b) giving him an opportunity to make representations about them within the period of 21 days beginning with the service of the notice; and
 
    (c) taking any representations so made into account in making the decision.
  The requirements of this subsection are in addition to those of subsections (4) to (6).
 
      (8) An inspector appointed by the safety authority may, for the purposes of the discharge by the safety authority of its functions under section 5 or subsection (2), on production, if so required, of his authority-
 
 
    (a) enter at any reasonable time any sports ground at which designated football matches are played;
 
    (b) make such inspection of the ground and such inquiries relating to the ground as he considers necessary; or
 
    (c) examine the safety certificate and any records kept under-
 
      (i) this Part,
 
      (ii) the Safety of Sports Grounds Act 1975,
 
      (iii) Part III of the Fire Safety and Safety of Places of Sport Act 1987, or
 
      (iv) Part I of the Football Spectators Act 1989,
 
    and take copies of such records.
      (9) It shall be the duty of a local authority to comply with any requirement imposed on them by the safety authority under section 5.
 
 
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