Safety of Sports Grounds Act 1975

Safety certificates for large sports stadia

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

• (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 ground has accommodation; and

• (b) may require any person concerned with the organisation or management of a sports ground 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 sports ground is situated in respect of the use of the sports 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 sports 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—

• “designated sports ground” means a 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.

Contents of safety certificates

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• (1) A safety certificate shall contain such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety at the sports 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 sports ground.

• (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.

• (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.

• (2B) No condition of a safety certificate shall require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part.

• (2B) No condition of a safety certificate shall require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it.

• (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 sports ground; and

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

• (4) A general safety certificate shall contain or have attached to it a plan of the sports ground, and the terms and conditions in the certificate, or in any special safety certificate issued for the sports 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.

Applications for certificates

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• (1) If a local authority receive an application for a safety certificate for a designated sports 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 sports ground is in operation, they shall issue such a certificate for it to him; and

• (b) where a general safety certificate for the sports 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 sports ground to the chief officer of police and where the local authority is in Wales, Greater London or a metropolitan county, the fire authority or, in any other case, the building authority for the area in which it —

• (a) the chief officer of police, and

• (b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and

• (c) if the local authority are not the building authority, the building authority,

for the area in which the sports ground 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.

Amendment etc. of certificates

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• (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.

• (1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of Part 3 of the Fire (Scotland) Act 2005 (asp 5) or regulations made by virtue of that Part, amend the safety certificate by notice in writing to its holder so as to remove the requirement.

• (1A) The local authority shall, if it appears to them that a safety certificate would require a person to contravene any provision of the Regulatory Reform (Fire Safety) Order 2005 or regulations made under it, amend the safety certificate by notice in writing to its holder; but nothing in this subsection shall be taken to require the local authority to take any action unless they are aware of any such inconsistency between a safety certificate and the Order.

• (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) or (1A) 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 sports ground to the chief officer of police and where the local authority is in Wales,Greater London or a metropolitan county, the fire authority or, in any other case, the building authority for the area in which it —

• (a) the chief officer of police, and

• (b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and

• (c) if the local authority are not the building authority, the building authority,

for the area in which the sports ground is situated.

• (8) The local authority shall consult the chief officer of police and where the local authority is in Wales, Greater London or a metropolitan county, the fire authority or, in any other case, the building authority about —

• (a) the chief officer of police, and

• (b) if the local authority are not the fire and rescue authority, the fire and rescue authority, and

• (c) if the local authority are not the building authority, 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.

Appeals

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• (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 court.

• (2) An applicant for a special safety certificate may also appeal to the court 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 court 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 but not against the inclusion in a safety certificate of anything required to be included in it by the Sports Grounds Safety Authority under section 13(2) of the Football Spectators Act 1989.

• (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 Magistrates’ 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this 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) where the local authority is in Wales, Greater London or a metropolitan county, the fire authority or, in any other case, the building authority.

if the local authority are not the fire and rescue authority, the fire and rescue authority; and

• (e) if the local authority are not the building authority, the building authority.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

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• (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

• (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.

Determinations and appeals-supplementary

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• (1) Subject to subsection (2) below, if a local authority serve a notice under section 5(1) above on any applicant 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, an appeal against the authority’s determination may be brought.

• (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 an 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 . . . until the court has determined the appeal.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alterations and extensions

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• (1) If while a general safety certificate is in operation with respect to a sports ground it is proposed to alter or extend that sports ground or any of its installations, and the alteration or extension is likely to affect the safety of persons at the sports 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 sports 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.

Exclusion of other statutory requirements

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

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

• (b) section 89 of the Civic 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) section 24 of the Building Act 1984 (exits, entrances, etc. in the case of certain public and other buildings);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) any provision of a local 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 .

• (2) Where any enactment provides for the licensing of premises of any class or description and the authority responsible for licences thereunder is required or authorised to impose terms, conditions or restrictions in connection with such licences, then, so long as there is in operation with respect to the premises a safety certificate covering the use of the premises by reason of which a licence under that enactment is required, any term, condition or restriction imposed with respect to those premises in connection with any licence under that enactment shall be of no effect in so far as it relates to any matter in relation to which requirements are imposed by the terms and conditions of that certificate.

• (3) A person required by or under a local Act to do anything that would involve a contravention of the terms or conditions of a safety certificate shall not be treated as having contravened that Act if he fails to do it.

Emergency procedure

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• (1) If the local authority are of the opinion that the admission of spectators to a sports ground or any part of a sports ground involves or will involve a risk to them so serious that, until steps have been taken to reduce it to a reasonable level, admission of spectators to the ground or that part of the ground ought to be prohibited or restricted, the authority may serve a notice (in this Act referred to as a “prohibition notice”) on such persons as are specified in subsection (6) below.

• (2) A prohibition notice shall—

• (a) state that the local authority are of that opinion;

• (b) specify the matters which in their opinion give or, as the case may be, will give rise to that risk; and

• (c) direct that no, or no more than a specified number of, spectators shall be admitted to, or to a specified part of, the sports ground until the specified matters have been remedied.

• (3) A prohibition notice may prohibit or restrict the admission of spectators generally or on a specified occasion.