Explanatory note

This Order prescribes the football matches that are regulated football matches, and football organisations and connections between persons and such organisations, for the purposes of the Football Spectators Act 1989 (c. 37) (“the 1989 Act”).

Article 2 revokes the Football Spectators (Prescription) Order 2004 (S.I. 2004/2409) and the Football Spectators (Prescription) (Amendment) Orders 2006, 2010 and 2013 (S.I. 2006/761, 2010/584 and 2013/1709) which amended that order, the content of which are consolidated in Articles 3, 6 and 7 of this Order.

Article 3 prescribes the football matches which are regulated football matches for the purposes of section 14(2A) of the 1989 Act. Article 3(2) and (3) prescribe football matches in England and Wales. These are association football matches in which one or both participating teams represent a club which is a member of certain leagues or represent a club from outside England and Wales or a country or territory. It also includes matches played in the Football Association Challenge Cup, other than matches played in a preliminary or qualifying round.

Article 3(4) prescribes football matches outside of England and Wales. These are association football matches involving a national team, or a team representing a club which is a member of certain leagues. In addition, it includes any match involving a country or territory whose football association is a member of the Fédération Internationale de Football Associations (“FIFA”), where the match is part of a FIFA or Union des Associations Européennes (“UEFA”) competition or tournament in which the England or Wales national team is eligible to, or has, participated. It also includes any match involving a club whose national football association is a member of FIFA, where the match is part of a FIFA or UEFA competition or tournament in which a club from certain leagues is eligible to, or has, participated.

Article 4 prescribes the organisations which are regulated football organisations for the purposes of section 14(2A) of the 1989 Act. These are the organisations in England and Wales which run certain football leagues, clubs (including teams representing such clubs) which are members of such leagues, and the England and Wales national teams.

Article 5 prescribes the connections between persons and football organisations which are prescribed connections for the purposes of Schedule 1 to the 1989 Act. These are where persons are (or at any time in the 6 months before the date of the offence were) a player, manager, coach, physiotherapist or other member of matchday pitchside staff of a relevant team, a match official or officer of a club which is a regulated football organisation. It also includes where persons are (or at any time in the 14 days before the date of the offence were) a journalist or broadcast staff covering regulated football matches or teams.

The effect of a football banning order is to prohibit attendance at the matches described in article 3(2) and (3) and to report to a police station when required to do so on the occasion of matches described in article 3(4). The description of matches set out in article 3, and of organisations and persons with connections to those organisations set out in articles 4 and 5, will also be relevant for the purposes of the offences set out in Schedule 1 to the 1989 Act, the commission of which can lead to a football banning order being made by the court.

Article 6 prescribes the Football Banning Orders Authority as the enforcing authority for the purposes of Part 2 of the 1989 Act. That authority has the functions set out in sections 19 to 21 of that Act.

Article 7 prescribes the Chief Executive of the Football Association Limited as a person to whom a banning order and an order terminating a banning order must be copied.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk; copies may be obtained from the Home Office at 2 Marsham Street, London, SW1P 4DF.