West Brom offer to trial safe standing - rejected page 2

The article I linked from the BBC on the previous page.
Would the law need to change?
Jon Darch, from campaign group Safe Standing Roadshow

The law does not have to change for safe standing to be introduced at grounds in the Premier League and Championship. The way in which the secretary of state exercises the power given to him/her by the act has to change. They can decide on their own merits if they want to allow it and what restrictions they want to impose. Since 1994, the secretary of state has chosen to exercise their power by forcing stadiums of clubs in the top two divisions to go all-seater.

The statutory instrument used becomes law so the law does change, it isn't really objective from a campaign group.

Every year a new SI is introduced if ground is promoted or built, which as you said doesn't have to be. However how do you reverse this for ones that have?

"The power to make an order containing a direction under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

The above would apply for 40 days. You are contending a new SI can be passed, but it isn't in the act, so I would contend Primary Legislation may be needed. The Gov often decides to do things without knowing a new act is needed as it isn't always straight forward.
 
The statutory instrument used becomes law so the law does change, it isn't really objective from a campaign group.

Every year a new SI is introduced if ground is promoted or built, which as you said doesn't have to be. However how do you reverse this for ones that have?

"The power to make an order containing a direction under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

The above would apply for 40 days. You are contending a new SI can be passed, but it isn't in the act, so I would contend Primary Legislation may be needed. The Gov often decides to do things without knowing a new act is needed as it isn't always straight forward.
We have ''clashed'' on this point before so knew you were ready to bring it up again.
The original rule for all seated stadiums was to apply for all top 4 tiers of football in England & Wales. After a few months of discussion and lobbying, the government conceded that the 3rd & 4th division clubs would be exempt (though once moving into the 2nd division, the 3 year thing kicked in).
Was a government act brought in to exempt 3rd & 4th division clubs? No, because it was a regulation, not legislation. The then Minister for Sport, The right honourable David Mellor, simply stood up in Parliament and announced the change and it was done and dusted. That is all it takes to repel the regulation again to end all seated areas.
 

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