The Safety of Places of Sport Regulations 1988

Made: 21st October 1988

Laid before Parliament: 31st October 1988

Coming into force: 1st January 1989

In exercise of the powers conferred upon me by section 31(1) and (2) of the Fire Safety and Safety of Places of Sport Act 1987[^f00001], and after such consultation as is mentioned in section 31(4) of that Act, I hereby make the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Safety of Places of Sport Regulations 1988 and shall come into force on 1st January 1989.

• (2) These Regulations do not extend to the Isles of Scilly.

Interpretation

2

For the purposes of these Regulations “the 1987 Act” means the Fire Safety and Safety of Places of Sport Act 1987.

Applications

3

• (1) An application for a safety certificate shall be in the form contained in the Schedule to these Regulations or a form to the like effect and a separate application shall be made in respect of each regulated stand to which spectators are to be admitted.

• (2) An application for the cancellation, amendment, replacement or transfer of a safety certificate shall be made in writing and, except in the case of an application for the cancellation of a safety certificate, shall set out the names and addresses of any persons who to the applicant’s knowledge will or may be concerned in ensuring compliance with the terms and conditions of a safety certificate as amended, replaced or transferred.

Notices by local authorities

4

• (1) As soon as practicable after a local authority have decided:

• (a) to issue a safety certificate (including an issue by way of replacement of a safety certificate); or

• (b) to amend a safety certificate; or

• (c) to refuse to amend or replace a safety certificate,

they shall serve on every interested party notice in writing of their decision setting out the information referred to in paragraph (6) below, together, in the case of a refusal, with their reasons for it.

• (2) Where on an application for a special safety certificate a local authority have determined to refuse that application on grounds other than the one set out in section 28(9) of the 1987 Act, they shall as soon as practicable after that refusal, serve on the applicant notice in writing of their decision, together with their reasons for it.

• (3) Where on an application for the transfer of a safety certificate a local authority:

• (a) determine that the person to whom it is proposed to transfer the certificate is not a qualified person, they shall, in addition to the notice referred to in section 29(5) of the 1987 Act, serve on the holder of the certificate a copy of that notice;

• (b) determine that the person to whom it is proposed to transfer the certificate is a qualified person but decide not to transfer the certificate, they shall serve on that person and the holder of the certificate notice in writing of their decision together with their reasons for it.

• (4) As soon as practicable after a local authority have decided to refuse an application for the cancellation of a safety certificate under section 29(1)(a) of the 1987 Act, they shall serve on the applicant notice in writing of their decision together with their reasons for it.

• (5) As soon as practicable after a local authority have issued a notice under section 29(1)(a) of the 1987 Act cancelling a safety certificate, they shall serve a copy of the notice on the persons referred to in subparagraphs (b), (c) and (d) of paragraph (8) below.

• (6) A notice served under paragraph (1) above shall state that a copy of the safety certificate and a copy of any application in respect of which the local authority’s decision was taken is available for inspection at a place and at the times specified in the notice.

• (7) As soon as may be after the decision referred to in paragraph (1) above, the local authority shall cause to be published in a newspaper circulating in the locality of the regulated stands to which the safety certificate relates a notice setting out that decision and the information referred to in paragraph (6) above.

• (8) In this regulation “interested party” means:

• (a) the holder of a safety certificate whose application to have it amended or replaced has been refused;

• (b) any other person known to the local authority to be or likely to be concerned in ensuring compliance with the terms and conditions of the safety certificate;

• (c) the chief officer of police; and

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

Appeals under section 30 of the 1987 Act

5

• (1) An appeal under section 30(1) of the 1987 Act (appeals against determination that any stand at a sports ground is a regulated stand) shall be brought not later than twenty-eight days:

• (a) in the case of a preliminary determination, after the date when that determination becomes final under section 28(3) of the 1987 Act; or

• (b) in the case of a final determination under section 28(6) of the 1987 Act, after the date of the receipt of the notice of that determination.

• (2) An appeal under subsection (2), (3) or (4) of section 30 of the 1987 Act (other appeals) shall be brought in the case of an appeal in respect of:

• (a) a general safety certificate, not later than twenty-eight days; and

• (b) a special safety certificate, not later than seven days,

after the relevant date.

• (3) In paragraph (2) above “relevant date” means:

• (a) in the case of a person to whom a safety certificate is issued, the date of the receipt by him of that certificate;

• (b) in the case of a person on whom a notice is served under section 28(9), 29(1)(b) or (5) of the 1987 Act or regulation 4(1), (2) or (3) above, the date of the receipt by him of that notice; and

• (c) in the case of any other person, the date of the publication of the notice required by regulation 4(7) above.

Fees

6

• (1) Subject to paragraph (2) below, a local authority may determine the fee to be charged in respect of an application for the issue, amendment, replacement or transfer of a safety certificate or in respect of an application for the cancellation of a safety certificate for a stand which has ceased to be a regulated stand.

• (2) A fee under paragraph (1) above shall not exceed an amount commensurate with the work actually and reasonably done by or on behalf of the local authority in respect of the application.

SCHEDULE

PART III OF FIRE SAFETY AND SAFETY OF PLACES OF SPORT ACT 1987 APPLICATION FOR A SAFETY CERTIFICATE FOR A REGULATED STAND

Signed

Douglas Hurd — One of Her Majesty’s Principal Secretaries of State — 21st October 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply throughout Great Britain (except the Isles of Scilly), concern certificates under Part III of the Fire Safety and Safety of Places of Sport Act 1987 (by virtue of sections 26(2) and 41 of that Act referred to as “safety certificates”). Such a certificate which is issued by a local authority (as defined by section 41) is required in respect of the use, at a sports ground which is not a designated sports ground under the Safety of Sports Grounds Act 1975 (c. 52), of each stand which provides covered accommodation for 500 or more spectators to view activities at the ground. By virtue of sections 26(5) and 41 of the 1987 Act such a stand is referred to as a “regulated stand”.

By virtue of the Fire Safety and Safety of Places of Sport Act 1987 (Commencement No. 4) Order 1988 (S.I. 1988/1806), Part III of the 1987 Act comes into force on 1st January 1989, the same date as the coming into force of these Regulations.

Regulation 3(1) of, and the Schedule to, these Regulations prescribe the form of application for a safety certificate and regulation 3(2) makes provision for other applications in respect of certificates. Regulation 4 requires local authorities to give notice (including, under regulation 4(7), notice in a local newspaper) of certain of their decisions in respect of safety certificates. Regulation 5 prescribes the time within which appeals in respect of a local authority’s decision must be brought. Regulation 6 concerns the fees a local authority may charge in respect of work done in connection with applications for the issue etc. of safety certificates.

Footnotes

[^f00001]: 1987 c. 27.