Culture and Recreation Bill [H.L.] - continued        House of Lords
PART I, SAFETY AT SPORTS GROUNDS - continued

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Supervision of local authorities by the safety authority
Review of local authorities' discharge of functions.     7. - (1) The safety authority shall have the function of keeping under review the discharge by local authorities in England and Wales of their functions under the Safety of Sports Grounds Act 1975 in relation to sports grounds at which designated football matches are played.
 
      (2) If the Secretary of State by order so directs, the safety authority shall also have the function of keeping under review the discharge by local authorities in England and Wales of their functions-
 
 
    (a) under the Safety of Sports Grounds Act 1975, or
 
    (b) under Part III of the Fire Safety and Safety of Places of Sport Act 1987,
       in relation to such sports grounds not falling within subsection (1) as may be specified or described in the order.
 
      (3) Where the safety authority has a function under subsection (1) or (2) in relation to any functions of local authorities, it shall have in relation to those functions of those authorities the powers specified in section 8.
 
      (4) In this section "local authority" and "sports ground"-
 
 
    (a) so far as relating to functions under the Safety of Sports Grounds Act 1975, have the same meaning as in that Act (see section 17(1) of that Act); and
 
    (b) so far as relating to functions under Part III of the Fire Safety and Safety of Places of Sport Act 1987, have the same meaning as in that Part (see section 41 of that Act).
The further powers conferred by section 7(3).     8. - (1) The powers conferred on the safety authority by section 7(3) are as follows.
 
      (2) The safety authority may, by notice to the local authority concerned, require the local authority-
 
 
    (a) to include in any safety certificate such terms and conditions as are specified in the notice; or
 
    (b) to delete from any safety certificate such terms and conditions as are specified in the notice.
      (3) Before exercising its power under subsection (2) to require the inclusion or deletion of specified terms and conditions in any safety certificate, the safety authority shall consult-
 
 
    (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.
      (4) As respects those terms and conditions, 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 or section 28(10) or 29(8) of the Fire Safety and Safety of Places of Sport Act 1987 before issuing a safety certificate or about any proposal to amend or replace one.
 
      (5) A notice under subsection (2) may require-
 
 
    (a) the issue under the Act in question of a safety certificate incorporating or, as the case may be, excluding the specified terms or conditions; or
 
    (b) the amendment under that Act of a safety certificate so that it incorporates or, as the case may be, excludes the specified terms or conditions.
      (6) An inspector appointed by the safety authority may, for the purposes of the discharge by the safety authority of its functions under section 7(1) or (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 or in relation to which an order under section 7(2) has effect;
 
    (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.
      (7) The safety authority may, by notice to any local authority, require the local authority to furnish to the safety authority such information relating to the discharge by the local authority of its functions under-
 
 
    (a) the Safety of Sports Grounds Act 1975, or
 
    (b) Part III of the Fire Safety and Safety of Places of Sport Act 1987,
       as is specified in the notice.
 
      (8) It shall be the duty of the local authority to comply with any requirement under subsection (2) or (7).
 
      (9) In this section-
 
 
    "building authority" has the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act);
 
    "safety certificate" means a certificate under-
 
      (a) section 1(3) of the Safety of Sports Grounds Act 1975; or
 
      (b) Part III of the Fire Safety and Safety of Places of Sport Act 1987.
      (10) Expressions used in this section and in section 7 have the same meaning in this section as they have in that section.
 
 
Appeals against terms or conditions
Prevention of suspension pending determination of appeal.     9. - (1) In section 7 of the Safety of Sports Grounds Act 1975 (which makes supplementary provision about determinations and appeals) at the end add-
 
      (6) Subsection (3) above does not have effect in relation to any term or condition included in a safety certificate by a local authority in England or Wales in compliance with a requirement imposed on the local authority by the Sports Ground Safety Authority-
 
 
    (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),
       if the notice imposing the requirement contains a statement that the inclusion of the term or condition is necessary by reason of an emergency which has arisen.
 
      (2) Amend section 30 of the Fire Safety and Safety of Places of Sport Act 1987 (appeals) as follows.
 
      (3) After subsection (11) (suspension of terms or conditions pending appeal) insert-
 
      (11A) Subsection (11) above does not have effect in relation to any term or condition included in a safety certificate by a local authority in England or Wales in compliance with a requirement imposed on the local authority by the safety authority-
 
 
    (a) under section 8 of the Culture and Recreation Act 2001 (safety authority's powers where it has review function), and
 
    (b) by virtue of a direction given by the Secretary of State by order under section 7(2) of that Act (review by safety authority of local authorities' discharge of functions under this Act etc),
       if the notice imposing the requirement contains a statement that the inclusion of the term or condition is necessary by reason of an emergency which has arisen.
 
      (4) At the end of the section add-
 
      (14) In this section "the safety authority" means the Sports Ground Safety Authority.
 
 
Advisory functions of the safety authority
Advice to bodies or persons outside England and Wales.     10. - (1) At the request of-
 
 
    (a) the government of any territory outside the United Kingdom,
 
    (b) any international organisation, or
 
    (c) any body or person not falling within paragraph (a) or (b) whose functions, activities or responsibilities relate in whole or in part to the safety of sports grounds outside England and Wales,
       the safety authority may, with the consent of the Secretary of State, provide advice relating to the safety of sports grounds to that government, organisation, body or person.
 
      (2) The safety authority may, with the consent of the Secretary of State, charge a fee for the provision of advice under this section.
 
      (3) Any fee charged by virtue of subsection (2) must not exceed the cost of providing the advice.
 
      (4) Consent under subsection (1) or (2) may be given-
 
 
    (a) generally;
 
    (b) in relation to any particular advice; or
 
    (c) in relation to advice of a particular description.
      (5) Any sums received by the safety authority by virtue of this section shall be treated for the purposes of section 1(5) as reducing the expenses of the safety authority.
 
      (6) In this section "sports ground" has the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act).
 
Advice to the Secretary of State.     11. - (1) The safety authority may, and if requested to do so by the Secretary of State shall, provide advice to the Secretary of State-
 
 
    (a) in relation to safety at sports grounds generally; or
 
    (b) with respect to the exercise of any of the functions of the Secretary of State under the enactments specified in subsection (2).
      (2) Those enactments are-
 
 
    (a) the Safety of Sports Grounds Act 1975;
 
    (b) Part III of the Fire Safety and Safety of Places of Sport Act 1987;
 
    (c) the Football Spectators Act 1989; and
 
    (d) this Part.
      (3) In this section "sports ground" has the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act).
 
Advice to other bodies or persons in England and Wales.     12. - (1) The safety authority may provide advice relating to safety at sports grounds in England or Wales-
 
 
    (a) to such local authorities, or
 
    (b) to such bodies or persons not falling within subsection (2),
       as it considers appropriate.
 
      (2) The bodies and persons that fall within this subsection are-
 
 
    (a) any Minister of the Crown;
 
    (b) any local authority; and
 
    (c) any body or person falling within any paragraph of section 10(1).
      (3) Where the safety authority provides advice by virtue of subsection (1) at the request of any local authority or other body or person, it may, with the consent of the Secretary of State, charge a fee for the provision of the advice.
 
      (4) Any fee charged by virtue of subsection (3) must not exceed the cost of providing the advice.
 
      (5) Consent under subsection (3) may be given-
 
 
    (a) generally;
 
    (b) in relation to any particular advice; or
 
    (c) in relation to advice of a particular description.
      (6) Any sums received by the safety authority by virtue of this section shall be treated for the purposes of section 1(5) as reducing the expenses of the safety authority.
 
      (7) In this section "local authority" and "sports ground" have the same meaning as in the Safety of Sports Grounds Act 1975 (see section 17(1) of that Act).
 
 
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