Moved by
Lord Sharpe of Epsom
96B: After Clause 164, insert the following new Clause—
“Football banning orders: power to amend list of relevant offences
(1) In section 14 of the Football Spectators Act 1989 (main definitions), after subsection (8) insert—
“(9) The Secretary of State may by regulations amend paragraph 1 of Schedule 1 so as to add, modify or remove a reference to an offence or a description of offence.
(10) Regulations under subsection (9) may make consequential amendments to this Act.
(11) A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(2) Section 22A of that Act (other interpretation, etc) is amended in accordance with subsections (3) and (4).
(3) In subsection (3), after “order” insert “or regulations”.
(4) After subsection (3) insert—
“(3A) An order or regulations under this Part—
(a) may make different provision for different purposes;
(b) may make consequential, supplementary, incidental, transitional, transitory or saving provision.””
Member’s explanatory statement
This amendment amends the Football Spectators Act 1989 to enable the list of relevant offences in Schedule 1 to that Act to be amended by regulations.
96C: After Clause 164, insert the following new Clause—
“Football banning orders: requirement to make order on conviction etc
(1) In section 14A of the Football Spectators Act 1989 (banning order made on conviction of an offence), for subsections (2) and (3) substitute—
“(2) The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.
(3) Where the court does not make a banning order it must state in open court the reasons for not doing so.”
(2) Section 22 of that Act (banning orders arising out of offences outside England and Wales) is amended in accordance with subsections (3) and (4).
(3) In subsection (4), for the words following paragraph (b) substitute—
“must make a banning order in relation to the person, unless subsection (5) applies.”
(4) For subsections (5) and (5A) substitute—
“(5) This subsection applies if—
(a) it appears to the court that the conviction of the corresponding offence in a country outside England and Wales is the subject of proceedings in a court of law in that country questioning the conviction, or
(b) the court considers that there are particular circumstances relating to the corresponding offence or to the person which would make it unjust in all the circumstances to make a banning order.
(5A) Where the court does not make a banning order on the ground mentioned in subsection (5)(b) it must state in open court the reasons for not doing so.”
(5) This section does not apply in relation to an offence committed before the day appointed by regulations under section 178(1) for its coming into force.”
Member’s explanatory statement
This amendment amends the Football Spectators Act 1989 so that a court is required to make a football banning order on a person’s conviction of a relevant offence unless there are particular circumstances which would make it unjust to do so. It also makes equivalent provision in relation to a person convicted of a corresponding offence overseas.