Sports Grounds Safety Authority Act 2011

Section 1

SCHEDULE 1The Sports Grounds Safety Authority

Status and capacity

1(1)The Authority is a body corporate.

(2)The Authority is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, privilege or immunity of the Crown;

and the Authority’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(3)The Authority may do anything which is calculated to facilitate the discharge of its functions, or is incidental or conducive to their discharge.

Membership

2The Authority is to consist of—

(a)a person appointed by the Secretary of State to chair the Authority, and

(b)at least 4 but not more than 8 other members appointed by the Secretary of State.

Appointment and tenure of members

3(1)Before appointing a person to be a member of the Authority, the Secretary of State must be satisfied that the person will have no such financial or other interest as is likely to affect prejudicially the performance of the person’s functions as a member.

(2)From time to time the Secretary of State must check that each member has no such interest.

4A person who is, or whom the Secretary of State proposes to appoint to be, a member of the Authority must, whenever requested by the Secretary of State to do so, supply the Secretary of State with such information as the Secretary of State considers necessary for the performance of the duties under paragraph 3.

5Subject to the following provisions of this Schedule, a person appointed under paragraph 2 holds and vacates office in accordance with the terms of the appointment.

6A person is not to be appointed as a member of the Authority for more than 3 years at a time.

7A person may at any time resign office—

(a)as chair of the Authority, or

(b)as a member of the Authority,

by giving the Secretary of State signed notice in writing.

8Where a member begins or ceases to hold office as chair of the Authority, the Secretary of State may vary the terms of the person’s appointment as a member of the Authority so as to alter the date on which the person is to vacate office as a member.

9(1)The Secretary of State may declare a person’s office as a member of the Authority vacant if satisfied that the person—

(a)has been absent from meetings of the Authority for a period longer than 3 consecutive months without the permission of the Authority,

(b)has become bankrupt or made an arrangement with creditors, or

(c)is unable or unfit to discharge the functions of a member;

and on making such a declaration the office becomes vacant.

(2)A declaration under sub-paragraph (1) may be notified in such manner as the Secretary of State thinks fit.

10A person who ceases to be a member or to hold office as chair of the Authority is eligible for re-appointment.

Remuneration and pensions of members

11The Authority may pay to each member such remuneration and allowances as the Secretary of State may determine.

12The Authority may pay, or make provision for paying, to or in respect of any member such sums by way of pensions, allowances or gratuities as the Secretary of State may determine.

13(1)Sub-paragraph (2) applies if—

(a)a person ceases to be a member otherwise than on the expiry of the term of office, and

(b)it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation.

(2)The Authority may make to the person a payment of such amount as the Secretary of State may determine.

Proceedings

14The quorum of the Authority and the arrangements relating to its meetings are to be such as the Authority may determine.

15(1)This paragraph applies if a member of the Authority is in any way directly or indirectly interested in any matter which falls to be considered by the Authority.

(2)The member—

(a)must disclose the nature of the interest at a meeting of the Authority, and

(b)must not take part after the disclosure in any deliberation or decision with respect to the matter.

(3)The disclosure must be recorded in the minutes of the meeting.

16The validity of any proceedings of the Authority is not affected by—

(a)a vacancy among the members,

(b)a defect in the appointment of a member, or

(c)a failure to comply with paragraph 15.

Inspectors, officers and other employees

17The Authority may appoint inspectors to perform such functions as are assigned to them by or under Part 1 of the Football Spectators Act 1989 or any other enactment.

18The Authority may appoint a secretary and such other officers, and take into its employment such other persons, as it may determine.

19The terms and conditions of appointments under paragraphs 17 and 18 require the approval of the Secretary of State.

20The Authority must, as regards such of its inspectors, officers and other employees as with the approval of the Secretary of State it may determine—

(a)pay to or in respect of them such pensions, allowances or gratuities (including pensions, allowances or gratuities by way of compensation for loss of employment), or

(b)provide and maintain for them such pension schemes (whether contributory or not),

as may be so determined.

21(1)Sub-paragraph (2) applies if an inspector, officer or other employee of the Authority—

(a)is a participant in any pension scheme applicable to that employment, and

(b)becomes a member of the Authority.

(2)If the Secretary of State so determines, the member may be treated for the purposes of the pension scheme as if service as a member of the Authority were service as an employee of the Authority.

(3)For the purposes of sub-paragraph (2), it does not matter whether any payments are to be made to or in respect of the member by virtue of paragraph 11 or 12.

Accounts and audit

22The Authority—

(a)must keep proper accounts and proper records in relation to the accounts, and

(b)must prepare for each accounting year a statement of accounts in such form as the Secretary of State, with the approval of the Treasury, may direct.

23The Authority must send a copy of the statement of accounts to the Comptroller and Auditor General as soon as reasonably practicable after the end of the accounting year to which the statement relates.

24The Comptroller and Auditor General must—

(a)examine, certify and report on each statement of accounts sent under paragraph 23, and

(b)lay before Parliament a copy of the statement and the Comptroller and Auditor General’s report on it.

25The Comptroller and Auditor General may inspect any records relating to the accounts.

26In paragraphs 22 and 23, “accounting year” means any period of 12 months ending with 31 March.

Authentication of Authority’s seal

27The application of the seal of the Authority is authenticated by the signatures of—

(a)the person chairing the Authority or some other person authorised by the Authority to act for that purpose, and

(b)one other member.

Presumption of authenticity of documents issued by Authority

28Any document purporting to be an instrument issued by the Authority and to be sealed in accordance with paragraph 27, or to be signed on behalf of the Authority, is to be received in evidence and treated as such an instrument without further proof unless the contrary is shown.