Safety of Sports Grounds Act

1975 CHAPTER 52

Contents

Go to Preamble

1. 1.†Safety certificates for large sports stadia

2. 2. Contents of safety certificates

3. 3. Applications for certificates

4. 4. Amendment etc. of certificates

5. 5. Appeals

6. 6. Regulations

7. 7. Determinations and appeals—supplementary

8. 8. Alterations and extensions

9. 9. Exclusion of other statutory requirements

10. 10. Special procedure in case of serious risk: prohibition notices

11. 10A. Appeals against prohibition notices

12. 10B. Enforcement

13. 11. Powers of entry and inspection

14. 12. Offences

15. 13. Civil liability

16. 14. Service of documents

17. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. 15A. Power to modify Act for classes of grounds

19. 16. Application to Crown

20. 17. Interpretation

21. 18. Orders and regulations

22. 19. Short title, extent and commencement

An Act to make provision for safety at sports stadia and other sports grounds.

[1st August 1975]

1†Safety certificates for large sports stadia

(1)The Secretary of State may by order designate as [F1a sports ground] requiring a certificate under this Act (in this Act referred to as a “safety certificate”) [F1any sports ground] which in his opinion has accommodation for more than 10,000 spectators.

[F2(1A)The Secretary of State may by order substitute, for the number for the time being specified in subsection (1) above, such other number as he considers appropriate; but no order made under this subsection shall affect the validity of any designation previously made.

(1B)An order under subsection (1A) above may make different substitutions for different classes of sports ground.]

(2)The Secretary of State—

(a)may estimate, by any means which he considers appropriate, for how many spectators a sports [F3ground] has accommodation; and

(b)may require any person concerned with the organisation or management of a sports [F3ground] to furnish him within such reasonable time as he may specify with such information as he considers necessary for the purpose of making such an estimate.

(3)A safety certificate may be either—

(a)a certificate issued by the local authority for the area in which a [F1sports ground] is situated in respect of the use of the [F1sports ground] for an activity or a number of activities specified in the certificate during an indefinite period commencing with a date so specified; or

(b)a certificate issued by that authority in respect of the use of the [F1sports ground] for an activity or a number of activities specified in the certificate on an occasion or series of occasions so specified.

(4)In this Act—

• [F1“designated sports ground” ] means [F1a sports ground] in respect of which a designation order is in operation;

• “designation order” means an order under this section;

• “general safety certificate” means such a safety certificate as is mentioned in subsection (3)(a) above; and

• “special safety certificate” means such a safety certificate as is mentioned in subsection (3)(b) above.

2 Contents of safety certificates

(1)A safety certificate shall contain such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety at the [F1sports ground] when it is in use for the specified activity or activities, and the terms and conditions may be such as to involve alterations or additions to the [F1sports ground].

[F2(2)In so far as an order under section 15A below so requires as respects any class of sports ground, a safety certificate shall include such terms and conditions as may be provided for in the order.]

[F3(2A)No condition of a safety certificate shall require the provision of the services at the ground of any members of a police force unless the extent of the provision of their services is reserved for the determination of the chief officer of police of the force.]

(3)Without prejudice to subsection (1) above, a safety certificate may include a condition that the following records shall be kept—

(a)records of the attendance of spectators at the [F1sports ground]; and

(b)records relating to the maintenance of safety at the [F1sports ground].

(4)A general safety certificate shall contain or have attached to it a plan of the [F1sports ground], and the terms and conditions in the certificate, or in any special safety certificate issued for the [F1sports ground], shall be framed, where appropriate, by reference to that plan.

(5)A safety certificate may include different terms and conditions in relation to different activities.

(6)Nothing in a safety certificate shall derogate from any requirements imposed by regulations under section 6(2) below.

3 Applications for certificates

(1)If a local authority receive an application for a safety certificate for a designated [F1sports ground] in their area, it shall be their duty to determine whether the applicant is a person likely to be in a position to prevent contravention of the terms and conditions of a certificate; and such a person is referred to in this Act as a “qualified person”.

(2)If a local authority determine that an applicant is a qualified person—

(a)where no general safety certificate for the [F1sports ground] is in operation, they shall issue such a certificate for it to him; and

(b)where a general safety certificate for the [F1sports ground] is in operation, they may issue a special safety certificate for it to him.

(3)The local authority shall send a copy of an application for a safety certificate for a [F1sports ground] to the chief officer of police and [F2where the local authority is in [F3Wales,] Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority for the area in which it is situated, and shall consult them about the terms and conditions to be included in the certificate.

(4)The local authority may by notice in writing require an applicant for a safety certificate to furnish them within such reasonable time as they may specify in the notice with such information and such plans as they consider necessary to enable them to determine the terms and conditions which ought to be included in any certificate issued in response to his application.

(5)If an applicant for a safety certificate fails to comply with a requirement under subsection (4) above within the time specified by the local authority, or within such further time as they may allow, he shall be deemed to have withdrawn his application.

4 Amendment etc. of certificates

(1)The local authority may, in any case in which it appears appropriate to them to do so—

(a)amend a safety certificate by notice in writing to its holder; or

(b)replace a safety certificate.

(2)A safety certificate may be amended or replaced either on the application of the holder or without such an application.

(3)Section 2 above shall apply on the amendment or replacement of a safety certificate.

(4)A notice under subsection (1)(a) above amending a general safety certificate shall specify the date on which the amendment to which it relates is to come into operation, and the date so specified may be a date later than the date of issue of the notice.

(5)If the local authority receive an application for the transfer of a safety certificate from the holder to some other person, it shall be their duty to determine whether that person is a qualified person; and if they so determine, they may transfer the certificate to him.

(6)An application under subsection (5) above may be made either by the holder of a safety certificate or by a person to whom it is proposed that it should be transferred.

(7)The local authority shall send a copy of an application for the transfer of a safety certificate for a [F1sports ground] to the chief officer of police and [F2where the local authority is in [F3Wales,]Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority for the area in which it is situated.

(8)The local authority shall consult the chief officer of police and [F2where the local authority is in [F3Wales,] Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority about any proposal to amend, replace or transfer a safety certificate.

(9)The holder of a safety certificate may surrender it to the local authority, and it shall thereupon cease to have effect.

(10)The local authority may cancel a safety certificate if the holder dies or (if a body corporate) is dissolved.

5 Appeals

(1)A local authority shall serve on a person whom they determine not to be a qualified person notice in writing of their determination, and a person on whom such a notice is served may appeal against the determination to the [F1court].

(2)An applicant for a special safety certificate may also appeal to the [F1court] against a refusal of his application on grounds other than a determination that he is not a qualified person.

(3)An interested party may appeal to the [F1court] against—

(i)the inclusion of anything in, or the omission of anything from, a safety certificate; or

(ii)the refusal of the local authority to amend or replace a safety certificate [F2but not against the inclusion in a safety certificate of anything required to be included in it by the Football Licensing Authority under section 13(2) of the Football Spectators Act 1989].

[F3(3A)An appeal to the court under this section in England and Wales shall be by way of complaint for an order, the making of the complaint shall be deemed to be the bringing of the appeal and the M1Magistrates’ Courts Act 1980 shall apply to the proceedings.

(3B)An appeal to the court under this section in Scotland shall be by summary application.

(3C)In England and Wales any of the following persons may appeal to the Crown Court against an order under this section, namely—

(a)the local authority; and

(b)any interested party.

(3D)In Scotland any of the following persons may appeal against an order made in an appeal under this section, namely—

(a)the local authority; and

(b)any interested party,

notwithstanding that that person was not party to the proceedings on the application.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5)In [F5this section]“interested party” includes—

(a)the holder of a safety certificate;

(b)any other person who is or may be concerned in ensuring compliance with the terms and conditions of a safety certificate;

(c)the chief officer of police; and

(d)[F6where the local authority is in [F7Wales,] Greater London or a metropolitan county, the fire authority or, in any other case,] the building authority.

(6)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

6 Regulations

(1)The Secretary of State may by regulations—

(a)prescribe the procedure (subject to the provisions of this Act) for the issue, amendment, replacement, transfer and cancellation of safety certificates and the particulars to be given in applications for their issue, amendment, replacement or transfer;

(b)authorise local authorities to determine, subject to such limits or in accordance with such provisions as may be prescribed by the regulations, the fees (if any) to be charged in respect of such applications; and

[F1(c)prescribe the time within which appeals under section 5 above are to be brought.]

(2)The Secretary of State may by regulations make provision for securing safety at sports grounds.

(3)Regulations under subsection (2) above may provide, without prejudice to its generality, that the following records shall be kept—

(a)records of the attendance of spectators at sports grounds; and

(b)records relating to the maintenance of safety at sports grounds.

(4)Regulations under this section may contain such incidental and supplementary provisions as the Secretary of State thinks expedient.

7 Determinations and appeals—supplementary

(1)Subject to subsection (2) below, if a local authority serve a notice under section 5(1) above on any [F1applicant for a safety certificate, he shall be deemed to have withdrawn his application] on the expiry of the period within which, by virtue of regulations under section 6 above, [F1an appeal against the authority’s determination may be brought.]

[F2(2)Subsection (1) above shall not have effect if an appeal is brought before the expiry of the period there mentioned, but if the appeal is withdrawn or the court upholds the authority’s determination, the appellant shall be deemed to have withdrawn his application on the date of the withdrawal of his appeal or of the court’s determination.]

(3)Where [F3an appeal is brought] against the inclusion of any term or condition in a safety certificate (whether it was included in the certificate originally or only on its amendment or replacement), the operation of that term or condition shall be suspended . . . F4 until the [F5court] has determined the appeal.

(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

8 Alterations and extensions

(1)If while a general safety certificate is in operation with respect to a [F1sports ground] it is proposed to alter or extend that [F1sports ground] or any of its installations, and the alteration or extension is likely to affect the safety of persons at the [F1sports ground], the holder of the certificate shall, before the carrying out of the proposals is begun, give notice of the proposals to the local authority.

(2)Subsection (1) above in particular requires notice when it is proposed to alter the entrances to or exits from a [F1sports ground] or any part of it (including any means of escape in case of fire or other emergency) or the means of access to any such entrances or exits.

9 Exclusion of other statutory requirements

(1)While a general safety certificate is in force in relation to a [F1sports ground], the following provisions shall not apply to it, that is to say—

(a)section 37(1) of the M1Public Health Acts Amendment Act 1890 (platforms for public occasions);

(b)[F1section 89 of the M2Civic Government (Scotland) Act 1982 (which makes provision as to the safety of platforms, stands, and other structures), in so far as that section relates] to any matter in relation to which requirements are imposed by the terms and conditions of the safety certificate;

(c)[F2sections 24 and 71 of the M3Building Act 1984] (exits, entrances, etc. in the case of certain public and other buildings);

(d)any provision of the M4Fire Precautions Act 1971 or of a fire certificate issued under that Act in so far as it relates to any matter in relation to which requirements are imposed by the terms and conditions of the safety certificate; and

(e)any provision of a local Act in so far as it relates to any matter in relation to which requirements are imposed by those terms and conditions.