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Football Governance Act 2025

Type Public General Act

Publication 2025-07-21

Last updated 2025-12-12

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

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Part 1 — Purpose, overview and key definitions

Purpose and overview

1

(1) The purpose of this Act is to protect and promote the sustainability of English football.

(2) For that purpose—

(a) Part 2 establishes the Independent Football Regulator (referred to in this Act as “the IFR”) and makes provision about the exercise of its functions;

(b) Part 3 makes provision for the IFR to grant operating licences to football clubs;

(c) Part 4 provides for the IFR to make determinations about whether persons are suitable to be owners or officers of football clubs;

(d) Part 5 imposes various duties on football clubs, the owners and officers of football clubs and the organisers of football competitions;

(e) Part 6 provides a mechanism whereby the IFR can make an order requiring the organiser of a football competition to distribute revenue received by that organiser;

(f) Parts 7 and 8 make provision about the investigation and enforcement powers of the IFR;

(g) Part 9 makes provision about reviews of and appeals from decisions of the IFR;

(h) Part 10 makes general provision, including about the disclosure of information by and to the IFR.

(3) For the purposes of this section, English football is sustainable if it—

(a) continues to serve the interests of fans of regulated clubs, and

(b) continues to contribute to the economic or social well-being of the local communities with which regulated clubs are associated.

(4) For the meanings of “English football”, “regulated club” and for other key terms used in this Act, see section 2.

Key definitions

2

(1) In this Act—

“club” or “football club” means a body that operates a team;

“competition”, in relation to football, means a league (or a division of a league), a cup, a tournament or any other competition;

“competition organiser” means a body that organises a competition;

“English football” means all regulated clubs and all specified competitions, taken together;

“football” means association football;

“the IFR” means the Independent Football Regulator;

“licensed club” means a club that holds an operating licence;

“operating licence” means a provisional operating licence or a full operating licence (see section 15);

“regulated club” means a club that operates a relevant team (whether or not the club is a licensed club);

“relevant team” means a team that is entered into, is a member of, or participates in a specified competition;

“specified competition” means a competition specified in regulations under subsection (3);

“specified competition organiser” means a body that organises a specified competition;

“team” means a football team.

(2) For the purposes of this Act, a club “operates” a team if it is responsible for the team’s entry into, membership of, or participation in a competition.

(3) The Secretary of State may by regulations specify a competition; but the Secretary of State may not specify a competition unless the teams that are entered into it, or that are members of it, or that participate in it are exclusively or predominantly English teams.

(4) For the purposes of subsection (3), a team is an “English team” if the ground at which the team customarily plays its home matches is in England.

(5) Before making regulations under subsection (3) the Secretary of State—

(a) must assess whether it would be appropriate to exercise the power and, if so, how,

(b) in carrying out the assessment, must consult—

(i) the IFR,

(ii) the Football Association, and

(iii) any other persons the Secretary of State considers appropriate, and

(6) Subsection (5) does not apply in respect of the first regulations made under subsection (3).

(7) Sections 3, 4, 26, 56, 67 and 92 define other terms used in this Act.

Meaning of “owner” etc

3

(1) In this Act, references to an “owner” of a club are to be construed in accordance with Schedule 1.

(2) For the purposes of this Act, a club’s “ultimate owner” is—

(a) where the club has only one owner, that owner;

(b) where the club has more than one owner and one owner exercises a higher degree of influence or control over the activities of the club than any other owner, that owner;

(c) in any other case, each owner of the club who exercises a degree of influence or control over the activities of the club that—

(i) is the same as another owner, and

(ii) where there are other owners, is a higher degree of influence or control than any other owner.

Meanings of “officer” and “senior manager” etc

4

(1) For the purposes of this Act, a person is an “officer” of a club if—

(a) the person is a senior manager of the club, or

(b) in any other case, the following table identifies the person as an officer of the club—

Where the club is—	the person is an officer of the club if—
a company	the person is a director of the company
a body corporate other than a company	the person is an officer of the body whose functions correspond to those of a director of a company
a partnership	in relation to a limited partnership, the person is a general partner as defined by section 3 of the Limited Partnerships Act 1907; in relation to any other partnership, the person is a member of the partnership
an unincorporated body other than a partnership	the person is an officer of the body or a member of the body’s governing body

(2) For the purposes of this Act, a person is also an “officer” of a club if the person—

(a) purports to act as an officer of the club (within the meaning of subsection (1)), or

(b) is a person in accordance with whose directions, instructions, guidance or advice an officer of the club (within the meaning of subsection (1) or paragraph (a)) is accustomed to act.

(3) But a person is not to be regarded as an officer of a club by virtue of subsection (2)(b) by reason only that an officer of the club (within the meaning of subsection (1) or (2)(a)) acts—

(a) on advice given by that person in a professional capacity;

(b) in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under an enactment;

(c) in accordance with guidance or advice given by that person in their capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(4) For the purposes of this Act, a person is a “senior manager” of a club if, in relation to the carrying on of the club’s activities, the person carries out a senior management function specified, or of a description specified, for the purposes of this section.

(5) For the purposes of this Act—

(a) a function is a “senior management function” in relation to the carrying on of a club’s activities if—

(i) the function requires a person carrying out the function to be responsible for managing one or more aspects of the club’s affairs, and

(ii) those aspects are such that the way in which they are managed could give rise to serious consequences for the club;

(b) the reference in paragraph (a)(i) to managing one or more aspects of a club’s affairs includes taking, or participating in the taking of, decisions about how one or more aspects of those affairs should be carried on.

(6) In this section, “specified” means specified by the IFR in rules.

(7) This section is subject to section 42 (9) (persons appointed as officers by the IFR not to be treated as officers for the purposes of this Act).

Part 2 — The Independent Football Regulator

The Independent Football Regulator

Establishment of the IFR

5

(1) A body corporate called the Independent Football Regulator is established.

(2) Schedule 2 contains further provision about the IFR.

The IFR’s objectives

6

The IFR’s objectives are—

(a) to protect and promote the financial soundness of regulated clubs (referred to in this Act as “the club financial soundness objective”);

(b) to protect and promote the financial resilience of English football (referred to in this Act as “the systemic financial resilience objective”);

The IFR’s general duties etc

7

(1) The IFR must, so far as reasonably practicable, exercise its functions under this Act in a way that—

(a) is compatible with the purpose of this Act (see section 1), and

(b) advances one or more of the IFR’s objectives (see section 6).

(2) The IFR must have regard to the desirability of exercising those functions in a way that avoids any—

(a) effects on the sporting competitiveness of any regulated club against another regulated club;

(b) adverse effects on the competitiveness of regulated clubs against other clubs;

(3) In exercising those functions, the IFR must also have regard to the following (so far as they are relevant to the exercise of those functions)—

(a) its regulatory principles (see section 8);

(b) its most recent state of the game report (see section 10);

(d) any guidance published by it (see section 12);

(e) any guidance published by the Secretary of State (see section 13).

(4) The IFR must keep under review the extent to which persons are complying with obligations imposed on them under or by virtue of this Act.

The IFR’s regulatory principles

8

The IFR’s regulatory principles are that—

(a) it should use its resources in the most efficient, expedient and economic way;

(b) it should, so far as reasonably practicable, co-operate, and proactively and constructively engage, with—

(i) persons on whom it may impose requirements or restrictions, namely clubs, owners, senior managers and other officers of clubs, and competition organisers, and

(ii) other persons who may be affected by its decisions, including players and fans;

(c) it should, before it imposes any requirement or restriction on a person, have regard to whether the requirement or restriction is necessary and whether a similar outcome could be achieved by less burdensome means;

(d) any requirement or restriction imposed by it on a person should be proportionate to the benefits which are expected to result from that requirement or restriction;

(e) it should act in a way that has regard to the specific context of football and the fact that clubs are subject to rules, requirements and restrictions imposed by competition organisers by virtue of teams operated by those clubs being entered into, being members of, or participating in competitions organised by those organisers;

(f) it should act consistently (subject to it recognising the differences between clubs and competitions and the differences between the circumstances affecting clubs and competitions);

(g) it should act in a way that recognises the responsibilities of owners, senior managers and other officers of clubs in relation to the requirements placed on clubs under or by virtue of this Act;

(h) it should act as transparently as reasonably practicable.

Transfer schemes

9

Schedule 3 contains provision about schemes for the transfer of staff and property, rights and liabilities to the IFR.

Reports, statements and guidance

State of the game report

10

(1) The IFR must prepare and publish a report (a “state of the game report”) on the state of English football so far as relevant to the exercise of the IFR’s functions under this Act.

(2) A state of the game report must include—

(a) an overview of the main issues that the IFR considers to be affecting English football,

(b) an assessment of whether any feature, or combination of features, of English football jeopardises, or risks jeopardising, the IFR’s ability to advance one or more of its objectives, and

(c) information about any other matters relating to the state of English football, so far as relevant to the exercise of the IFR’s functions under this Act, that the IFR considers appropriate.

(3) The first state of the game report must be published as soon as reasonably practicable and in any event no later than the end of the period of 18 months beginning with the day on which the first regulations made under section 2 (3) come into force.

(4) Each subsequent state of the game report must be published before the end of the period of five years beginning with the day on which the previous report is published.

(5) Before publishing a state of the game report, the IFR must—

(a) publish a notice—

(i) stating that it intends to prepare a report, and

(ii) inviting suggestions about matters to be included in the report,

(b) prepare a draft report, having regard to any suggestions made within the period specified in the notice, and

(i) the Football Association;

(ii) each specified competition organiser;

(iii) such other persons as the IFR considers appropriate.

Football governance statement

11

(1) The Secretary of State may prepare a statement (“a football governance statement”) setting out the policies of His Majesty’s Government in the United Kingdom that relate to the governance of football.

(2) But a football governance statement may not contain any policies that are inconsistent with the purpose of this Act or with the IFR’s objectives.

(3) The Secretary of State may revise any football governance statement.

(4) But the Secretary of State may not revise any football governance statement more frequently than every five years unless—

(a) a Parliamentary general election has taken place,

(b) there has been a significant change in the policy of His Majesty’s Government in the United Kingdom relating to football, or

(c) the Secretary of State considers that the statement, or any part of it, is inconsistent with the purpose of this Act or with the IFR’s objectives.

(5) The Secretary of State must publish any football governance statement, or any revised statement, prepared under this section.

(6) The Secretary of State must lay any football governance statement, or any revised statement, published under this section before Parliament.

Guidance published by the IFR

12

(1) The IFR must prepare guidance about the exercise of its functions under sections 21 to 25 (discretionary licence conditions).

(2) Guidance prepared under subsection (1) must include a statement of the outcomes the IFR expects or seeks to achieve in exercising those functions.

(3) The IFR may prepare guidance about any of its other functions under this Act.

(4) The IFR may revise any guidance prepared under this section.

(5) The IFR must publish any guidance, or any revised guidance, prepared under this section.

(6) The IFR must consult such persons as the IFR considers appropriate before publishing—

(a) the first guidance about any of its functions, or

(b) revised guidance about any of its functions, unless the revisions are minor.

Guidance published by the Secretary of State

13

(1) The Secretary of State may prepare guidance about the exercise of the IFR’s functions under this Act.

(2) The Secretary of State may revise any guidance prepared under this section.

(3) But the Secretary of State may not revise any guidance prepared under this section more frequently than every three years unless—

(a) the Secretary of State considers that the guidance needs to be revised because of an amendment, repeal or modification of any provision of this Act, or

(b) the revision is agreed between the Secretary of State and the IFR.

(4) The Secretary of State must publish any guidance, or any revised guidance, prepared under this section.

(5) The Secretary of State must consult the IFR and such other persons as the Secretary of State considers appropriate before publishing—

(a) guidance under this section, or

(b) revised guidance under this section, unless the revisions are minor.

(6) The Secretary of State must lay any guidance, or revised guidance, published under this section before Parliament.

Annual report

14

(1) As soon as reasonably practicable after the end of each financial year, the IFR must submit to the Secretary of State an annual report on the exercise of its functions during the year.

(2) The report must include—

(a) a summary of the activities undertaken by the IFR during that year, and

(b) such other information as the Secretary of State may direct the IFR to include in the report.

(3) The IFR must arrange for a copy of every report under this section to be laid before Parliament by the Secretary of State.

(4) In this section, “financial year” means—

(a) the period beginning with the day on which this section comes into force and ending with 31 March in the following year, and

(b) each successive period of 12 months.

Part 3 — Operating licences

Operating licences

15

(1) A club may not operate a relevant team unless it holds either—

(a) a provisional operating licence, or

(b) a full operating licence.

(2) A provisional operating licence authorises a club to operate a relevant team on a provisional basis prior to the grant of a full operating licence.

(3) A full operating licence authorises a club to operate a relevant team on an ongoing basis.

(4) The IFR may, in accordance with the provisions of this Part—

(a) grant a provisional operating licence to a club that applies for one under section 16;

(b) grant a full operating licence to a club that holds a provisional operating licence (see section 18).

(5) An operating licence must specify—

(a) the club to which it relates,

(b) each relevant team operated by the club,

(d) any conditions attached to the licence by the IFR under section 21, and

(e) such other information as may be specified by the IFR in rules.

(6) The IFR must specify the form of an operating licence in rules.

Application for provisional operating licence

16

(1) A club may apply to the IFR for a provisional operating licence.

(2) The IFR must specify in rules—

(a) the time by which an application must be made, and

(b) the manner and form in which an application must be made.

(3) An application must be accompanied by—

(a) a personnel statement (see subsection (4)) and a statement explaining why the club considers the personnel statement to be accurate,

(b) a strategic business plan (see subsection (5)), and

(4) A “personnel statement” is a statement—

(a) identifying each of the club’s owners and officers,

(b) identifying the club’s ultimate owner,

(d) setting out the specified senior management functions performed by each of the club’s officers who is a senior manager.

(5) A “strategic business plan” is a document containing—

(a) information, in respect of the relevant period, about—

(i) the proposed operation of the club,

(ii) the estimated costs of that operation,

(iii) how those costs are to be funded, and

(iv) the source of such funding, and

(b) such other information as may be specified by the IFR in rules.

(6) For the purposes of subsection (5)(a), the “relevant period” means the period—

(a) beginning with the day on which the application under this section is made, and

(b) ending no earlier than the end of the next football season after the application is made.

Grant of provisional operating licence

17

(1) This section applies where a club applies for a provisional operating licence under section 16.

(2) The IFR must grant the club a provisional operating licence if it is satisfied that the club would—

(a) operate a relevant team,

(b) comply with the mandatory licence conditions (see section 20), and

(3) The IFR—

(a) must specify in the provisional operating licence the period for which it has effect, which may be no more than three years;

(b) must notify the club of the grant of the licence.

(4) If the IFR is not satisfied of the matters in subsection (2), it must give the club a notice—

(a) stating that it proposes to refuse to grant the provisional operating licence,

(b) explaining why it proposes to refuse to grant the licence,

(d) specifying the means by which, and the period within which, such representations must be made,

and must have regard to any representations which are duly made.

(5) The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.

(6) After complying with subsection (4), the IFR must—

(a) grant the provisional operating licence and notify the club of the grant, or

(b) refuse to grant the licence and notify the club of the refusal, giving reasons for it.

(7) The IFR may not grant a club a provisional operating licence under this section except as mentioned in subsection (2).

(8) Where the IFR grants a club a provisional operating licence under this section the IFR must specify in the notice under subsection (3)(b) or (6)(a) (as the case may be) the day on which the licence comes into force, which may not be before the day on which the club operates a relevant team.

(9) The IFR must specify in rules—

(a) the period within which it must make the decision whether to grant the club a provisional operating licence,

(b) any circumstances in which it may extend that period, and

Grant of full operating licence

18

(1) Where a club holds a provisional operating licence, the IFR must decide whether to grant the club a full operating licence—

(a) before the end of the period specified by virtue of section 17 (3)(a), or

(b) if applicable, before the end of the further period specified by virtue of subsection (6)(b).

(2) The IFR—

(a) must grant a club a full operating licence if the full licence test is met in relation to the club;

(b) must notify the club of the grant of the licence.

(3) The “full licence test” is met in relation to a club if—

(a) the IFR is satisfied that the club—

(i) is operating a relevant team,

(ii) meets the threshold requirements set out in Schedule 4, and

(iii) complies and would continue to comply with the mandatory licence conditions (see section 20) and sections 45 to 53 (duties on clubs), and

(b) the IFR has not determined, and is not treated as having determined, under Part 4 that any person who is an owner or officer of the club is not suitable to be an owner or officer of the club.

(4) If the IFR considers that the full licence test is not met in relation to the club, the IFR must give the club a notice—

(a) stating that it proposes to—

(i) refuse to grant the full operating licence, and

(ii) take action under subsection (6)(b) or section 19,

(b) explaining why it proposes to take such action,

(d) specifying the means by which, and the period within which, such representations must be made,

and must have regard to any representations which are duly made.

(5) The period specified by virtue of subsection (4)(d) must be a period of not less than 14 days beginning with the day on which the notice under subsection (4) is given.

(6) Subject to section 19, after complying with subsection (4) the IFR must—

(a) where the IFR considers that the full licence test is met in relation to the club, grant the club a full operating licence and notify the club of the grant, or

(b) where the IFR considers that the full licence test would be met in relation to the club within a reasonable period if more time is given for the test to be met, specify a further period for which the club’s provisional operating licence is to have effect.

(7) A further period specified by virtue of subsection (6)(b) must be such period as the IFR considers sufficient to enable the full licence test to be met in relation to the club.

(8) The IFR may not grant a club a full operating licence under this section other than where it considers that the full licence test is met in relation to the club.

(9) Where the IFR grants a club a full operating licence under this section the IFR must specify in the notice under subsection (2)(b) or (6)(a) (as the case may be) the day on which the licence comes into force, at which time the club’s provisional operating licence ceases to have effect.

Revocation and cessation of operating licence

19

(1) The IFR may revoke a club’s provisional operating licence if—

(a) the full licence test (as defined in section 18 (3)) is not met in relation to the club, and

(b) the IFR considers that—

(i) the club has persistently and without reasonable excuse failed to take such steps as are reasonable for that test to be met in relation to the club, and

(ii) there is no reasonable prospect of the test being met in relation to the club within a reasonable period even if the club were given more time for the test to be met.

(2) For the purposes of subsection (1)(b)(i), a club’s failure is persistent if the failure has occurred on a sufficient number of occasions for it to be clear that it represents a pattern of behaviour or practice.

(3) Where the IFR revokes a club’s provisional operating licence under subsection (1) the IFR must give the club a notice—

(a) stating that it is revoking the club’s provisional operating licence from a date specified in the notice, and

(b) explaining why it is revoking the club’s licence.

(4) Where a notice under subsection (3) is given during a football season, the date specified for the purposes of subsection (3)(a) may not be a date before the end of that season.

(5) See paragraphs 8 and 9 of Schedule 9 for further provision about the circumstances in which the IFR can revoke a club’s operating licence.

(6) An operating licence ceases to have effect if the club holding the licence ceases to operate a relevant team.

Licence conditions

Mandatory licence conditions

20

Schedule 5—

(a) sets out the licence conditions (referred to in this Act as the “mandatory licence conditions”) that the IFR must attach to each club’s operating licence, and

(b) makes provision about those conditions.

Discretionary licence conditions

21

(1) The IFR may attach licence conditions other than mandatory licence conditions to a club’s operating licence.

(2) A condition attached under subsection (1) is referred to in this Act as a “discretionary licence condition”.

(3) The IFR may attach a discretionary licence condition to an operating licence only if the IFR is satisfied that compliance with the condition would—

(a) in the case of a provisional operating licence, ensure that the club will meet, or contribute towards the club meeting, the threshold requirements set out in Schedule 4 before the end of the period for which the provisional operating licence has effect;

(b) in the case of a full operating licence—

(i) ensure that the club will meet, or will continue to meet, or

(ii) contribute towards the club meeting, or continuing to meet,

the threshold requirements;

(4) The IFR may vary a discretionary licence condition where—

(a) either—

(i) the IFR considers that the condition is no longer effective, or

(ii) there has been a material change in circumstances affecting the club since the condition was attached to the operating licence or previously varied, and

(b) the condition as varied meets a requirement in subsection (3).

(5) Subsections (3) and (4) are subject to sections 22 to 25.

(6) The IFR must—

(a) remove a discretionary licence condition where the IFR considers that the condition is no longer necessary, and

(b) notify the club concerned about the removal.

(7) A club may apply to the IFR for the variation or removal of a discretionary licence condition.

(8) An application under subsection (7) must explain why the variation or removal is sought.

(9) Where a discretionary licence condition is attached to an operating licence, varied or removed, the IFR must specify in the licence the time from which the attached condition, variation or removal has effect.

Scope of powers to attach or vary discretionary licence conditions

22

(1) A discretionary licence condition relating to the financial resources threshold requirement (see paragraph 2 of Schedule 4) may only—

(a) relate to debt management,

(b) relate to liquidity requirements,

(d) restrict the club’s ability to accept or receive funding which the IFR reasonably suspects to be connected to serious criminal conduct.

(2) A discretionary licence condition relating to the non-financial resources threshold requirement (see paragraph 3 of Schedule 4) may only relate to—

(a) internal controls,

(b) risk management, or

(3) A discretionary licence condition relating to the advancement of the IFR’s systemic financial resilience objective may only—

(a) relate to debt management,

(b) relate to liquidity requirements, or

(4) A discretionary licence condition attached in reliance on subsection (1)(c) or (3)(c) may not impose restrictions on expenditure of a particular kind or a particular transaction.

(5) The Secretary of State may by regulations amend subsection (1), (2) or (3) to add, vary or remove an item.

(6) The Secretary of State may make regulations under subsection (5) only if requested in writing to do so by the IFR.

(7) A request under subsection (6) must explain why the IFR considers that the making of regulations under this section is compatible with the purpose of this Act.

(8) Before submitting a request under subsection (6), the IFR must consult—

(a) all regulated clubs,

(b) each specified competition organiser, and

Procedure for attaching or varying financial discretionary licence conditions

23

(1) This section applies to a discretionary licence condition relating to—

(a) the financial resources threshold requirement, or

(b) the advancement of the IFR’s systemic financial resilience objective.

(2) Before attaching or varying a discretionary licence condition to which this section applies, the IFR must give a notice about the proposed condition or variation to—

(a) the club, and

(b) the specified competition organiser which organises a specified competition in relation to which a relevant team is operated by the club.

(3) The notice must—

(a) give details of the proposed condition or variation,

(b) explain why the IFR is proposing to attach the condition or make the variation,

(i) the club and the specified competition organiser to make representations about the proposed condition or variation, and

(ii) the specified competition organiser to give a commitment to take action in lieu of the proposed condition or variation, and

(d) specify the means by which, and the period within which, such representations must be made or such a commitment must be given.

(4) The period specified in the notice for making representations or giving a commitment must be a period of not less than 14 days beginning with the day on which the notice is given.

(5) The IFR must—

(a) have regard to any representations which are duly made, and

(b) where the specified competition organiser gives a commitment mentioned in subsection (3)(c)(ii) within the period specified in the notice, consider whether to accept that commitment.

(6) This section does not apply where—

(a) a club applies for a variation under section 21 (7), or

(b) the IFR considers that compliance with this section would jeopardise, or risk jeopardising, the IFR’s ability to advance one or more of its objectives.

Commitments in lieu of financial discretionary licence conditions

24

(1) This section applies where a specified competition organiser gives a commitment mentioned in section 23 (3)(c)(ii) (commitment to take action in lieu of the proposed condition or variation).

(2) The IFR may accept the commitment if it considers that—

(a) compliance with the commitment by the specified competition organiser would mean that it would not be necessary to attach the proposed discretionary licence condition or make the proposed variation, and

(b) accepting the commitment would not jeopardise, or risk jeopardising, the IFR’s ability to advance one or more of its objectives.

(3) Where the IFR accepts a commitment under this section—

(a) the IFR may not attach the proposed discretionary licence condition or make the proposed variation while the commitment is in force, and

(b) the specified competition organiser that gave the commitment must comply with it while it has effect.

(4) Where the IFR does not accept the commitment under this section, the IFR—

(a) must notify the specified competition organiser and the club concerned and provide reasons for its decision, and

(b) may without further notice attach the proposed discretionary licence condition or make the proposed variation.

(5) The IFR may, from time to time, accept from a specified competition organiser a variation to a commitment accepted under this section, provided that the IFR considers that the commitment as varied would still meet the requirements in subsection (2).

(6) The IFR may release a specified competition organiser from a commitment accepted under this section where it considers that—

(a) the commitment is no longer necessary,

(b) the commitment is no longer effective, or

(7) Where, under subsection (6)(b) or (c), the IFR releases a specified competition organiser from a commitment accepted under this section, the IFR may—

(a) without further notice attach the proposed discretionary licence condition or make the proposed variation, or

(b) attach an alternative discretionary licence condition or make an alternative variation to a discretionary licence condition.

(8) Before attaching an alternative discretionary licence condition or making an alternative variation by virtue of subsection (7)(b), the IFR must give the club a notice that—

(a) notifies the club about the proposed alternative condition or variation,

(b) invites the club to make representations about the proposed alternative condition or variation, and

and must have regard to any representations which are duly made.

(9) The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.

(10) A commitment accepted by the IFR under this section—

(a) comes into force on the day specified in the notice given to the specified competition organiser under paragraph 3 of Schedule 6, and

(b) ceases to have effect if the specified competition organiser is released from the commitment under subsection (6).

(11) The fact that a commitment accepted under this section ceases to have effect does not affect the exercise of any functions in relation to a failure, or possible failure, to comply with the commitment.

(12) The IFR must keep under review—

(a) the extent to which a specified competition organiser which gave a commitment accepted under this section is complying with it,

(b) whether a specified competition organiser should be released from a commitment under this section (including whether to release a specified competition organiser from a commitment and attach or vary a discretionary licence condition to an operating licence instead), and

(c) whether to take action in accordance with Part 8 in respect of a specified competition organiser which fails to comply with a commitment.

(13) Schedule 6 makes further provision about commitments mentioned in section 23 (3)(c)(ii).

Procedure for attaching or varying other discretionary licence conditions

25

(1) This section applies to a discretionary licence condition relating to—

(a) the non-financial resources threshold requirement (see paragraph 3 of Schedule 4), or

(b) the fan engagement threshold requirement (see paragraph 4 of Schedule 4).

(2) Before attaching or varying a discretionary licence condition to which this section applies, the IFR must give the club a notice that—

(a) notifies the club about the proposed condition or variation (including the threshold requirement to which the condition or variation relates),

(b) invites the club to make representations about the proposed condition or variation, and

and must have regard to any representations which are duly made.

(3) The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given to the club.

(4) This section does not apply where—

(a) a club applies for a variation under section 21 (7), or

(b) the IFR considers that compliance with this section would jeopardise, or risk jeopardising, the IFR’s ability to advance one or more of its objectives.

Part 4 — Owners and officers of regulated clubs: suitability etc

Introductory

Part 4: overview and interpretation

26

(1) This Part makes provision—

(a) requiring notices to be given to the IFR before a person becomes an owner or officer of a regulated club, or where there is a change of circumstances relating to a person’s role as an owner or officer of a regulated club,

(b) for the making of determinations by the IFR about the suitability of a person to be an owner or officer of a regulated club, and

(c) for action that may or must be taken by the IFR where it determines or is treated as having determined that a person is not suitable to be an owner or officer of a regulated club.

(2) Sections 27 to 32 deal with notifications by, and determinations relating to, prospective owners and officers of clubs.

(3) Sections 33 to 36—

(a) deal with notifications by incumbent owners and officers, and

(b) confer a power on the IFR to make determinations relating to the suitability of incumbent owners and officers to continue in their role.

(4) Section 37 contains provision about matters to which the IFR must have regard in making determinations under this Part.

(5) Sections 38 to 44 make provision about the action that the IFR may or must take where it determines, or is treated as having determined, that a person is not suitable to be an owner or officer of a regulated club, which may include—

(a) making an order disqualifying the person from being an owner or officer of a club;

(b) giving a direction requiring the person to cease to be an owner or officer of a club;

(6) Subsections (7) and (8) apply for the purposes of this Part.

(7) An individual meets the “individual ownership fitness criteria” if the individual—

(a) has the requisite honesty and integrity, and

(b) is financially sound.

(8) An individual meets the “officer fitness criteria” if the individual—

(a) has the requisite honesty and integrity,

(b) has the requisite competence, and

Persons who become owners or officers of regulated clubs

Duties to notify IFR of prospective new owner or officer

27

(1) A person who—

(a) is not an owner of a particular regulated club, but

(b) considers that there is a reasonable prospect of the person becoming an owner of that club,

must notify the IFR of that fact.

(2) An individual who—

(a) is not an officer of a particular regulated club, but

(b) considers that there is a reasonable prospect of the individual becoming an officer of that club,

must notify the IFR of that fact.

(3) A regulated club must notify the IFR where it considers there is a reasonable prospect of—

(a) a person becoming an owner of the club, or

(b) an individual becoming an officer of the club.

(4) In this section—

(a) references to a prospective owner are to a person who is the subject of a notification under subsection (1) or (3)(a);

(b) references to a prospective officer are to an individual who is the subject of a notification under subsection (2) or (3)(b).

(5) A notification under this section must—

(a) identify the prospective owner or officer,

(b) explain why the person giving the notification considers there is a reasonable prospect of the prospective owner becoming an owner of the club or (as the case may be) of the prospective officer becoming an officer of the club, and

(i) their proposed job title or a description of the job proposed to be performed by them, and

(ii) any senior management functions to be carried out by them.

(6) A notification under subsection (1), (2) or (3) must be given—

(a) as soon as reasonably practicable after the duty under that subsection arises, and

(b) before the prospective owner or officer becomes an owner or officer of the club.

(7) Where a notification under this section is not given by the time mentioned in subsection (6)(b), the person or individual who, or club which, should have given the notification must notify the IFR of the fact that (as the case may be)—

(a) the person has become an owner of the club, or

(b) the individual has become an officer of the club,

and must do so as soon as reasonably practicable after becoming aware of that fact.

Determination of suitability required for new owner

28

(1) A person may not become an owner of a particular regulated club unless, on an application by the person to the IFR, the IFR determines that the person is suitable to be an owner of the club (an “affirmative determination”).

(2) An application under subsection (1) must be made in accordance with rules made by the IFR, which—

(a) must require information about the following matters to be provided with an application—

(i) the proposed operation of the club;

(ii) the estimated costs of that operation;

(iii) how those costs are to be funded;

(iv) the source of such funding;

(b) may require information about other matters specified in the rules to be provided with an application;

(3) Where an application is duly made under subsection (1) by a registered society, the IFR must make an affirmative determination in respect of the applicant if the IFR considers that the applicant has sufficient financial resources.

(4) Where an application is duly made under subsection (1) by an individual, the IFR must make an affirmative determination in respect of the applicant if—

(a) the IFR considers that the applicant—

(i) meets the individual ownership fitness criteria, and

(ii) has sufficient financial resources, and

(b) the IFR does not have grounds to suspect that the applicant has any source of wealth which is connected to serious criminal conduct.

(5) Subsections (3) and (4) are subject to subsection (6)(b).

(6) The IFR—

(a) may not make an affirmative determination in respect of the applicant except as mentioned in subsections (3) and (4);

(b) must not make an affirmative determination in respect of the applicant if an order under section 38 (1) (disqualification from ownership) has effect in relation to the applicant.

(7) If the IFR is not able to make an affirmative determination in respect of the applicant, it must determine that the applicant is not suitable to be an owner of the club.

(8) Where the IFR makes an affirmative determination in relation to a person, the determination has effect until—

(a) the person ceases to be an owner of the club, or

(b) if earlier, the IFR gives the person a notice under section 34 (10)(b) in relation to the person’s suitability to be an owner of the club.

(9) Where the IFR makes a determination under this section, the IFR must—

(a) give notice of the determination to the applicant and to the club, and

(b) publish the determination.

Determination of suitability required for new officer

29

(1) An individual may not become an officer of a particular regulated club unless, on an application by the individual to the IFR, the IFR determines that the individual is suitable to be an officer of the club (an “affirmative determination”).

(2) An application under subsection (1) must be made in accordance with rules made by the IFR, which may in particular include provision about—

(a) the information to be provided with an application, and

(b) the manner and form in which an application must be made.

(3) Where an application under subsection (1) is duly made, the IFR must make an affirmative determination in respect of the applicant if the IFR considers that the applicant meets the officer fitness criteria.

This is subject to subsection (4)(b).

(4) The IFR—

(a) may not make an affirmative determination in respect of the applicant except as mentioned in subsection (3);

(b) must not make an affirmative determination in respect of the applicant if an order under section 38 (2) (disqualification from being an officer) has effect in relation to the applicant.

(5) If the IFR is not able to make an affirmative determination in respect of the applicant, it must determine that the applicant is not suitable to be an officer of the club.

(6) Where the IFR makes an affirmative determination in relation to an individual, the determination has effect until—

(a) the individual ceases to be an officer of the club, or

(b) if earlier, the IFR gives the individual a notice under section 35 (5)(b) in relation to the individual’s suitability to be an officer of the club.

(7) Where the IFR makes a determination under this section, the IFR must—

(a) give notice of the determination to the applicant and to the club, and

(b) publish the determination.

Becoming an owner or officer without a determination

30

(1) Where the IFR becomes aware that a person has become an owner of a particular regulated club without the IFR having first determined under section 28 whether the person is suitable to be an owner of the club, the IFR must give the person—

(a) a notice requiring the person to make an application under section 28 by the date specified in the notice, or

(b) a notice stating that the person is not suitable to be an owner of the club.

(2) But if the person is subject to an order under section 38 (1) (disqualification from ownership)—

(a) subsection (1) does not apply, and

(b) the IFR must give the person a notice stating that the person is not suitable to be an owner of the club.

(3) Where the IFR becomes aware that an individual has become an officer of a particular regulated club without the IFR having first determined under section 29 whether the individual is suitable to be an officer of the club, the IFR must give the individual—

(a) a notice requiring the individual to make an application under section 29 by the date specified in the notice, or

(b) a notice stating that the individual is not suitable to be an officer of the club.

(4) But if the individual is subject to an order under section 38 (2) (disqualification from being an officer)—

(a) subsection (3) does not apply, and

(b) the IFR must give the person a notice stating that the individual is not suitable to be an officer of the club.

(5) Where the IFR has given a notice under subsection (1)(a) or (3)(a) (“the initial notice”) to a person, the IFR may give the person a notice under this subsection (a “further notice”) stating that the initial notice is to be treated as if the date specified in it were a later date specified in the further notice.

(6) The power conferred by subsection (5) may be exercised more than once.

(7) Where a person to whom a notice under subsection (1)(a) or (3)(a) was given fails to make the application required by the notice by the date specified (or treated as specified) in the notice, the IFR must—

(a) in a subsection (1)(a) case, give the person a notice stating that the person is not suitable to be an owner of the club;

(b) in a subsection (3)(a) case, give the individual a notice stating that the individual is not suitable to be an officer of the club.

(8) Where—

(a) a notice under subsection (1)(b), (2)(b) or (7)(a) is given to a person, the IFR is to be treated as having determined under section 28 that the person is not suitable to be an owner of the club in question;

(b) a notice under subsection (3)(b), (4)(b) or (7)(b) is given to a person, the IFR is to be treated as having determined under section 29 that the person is not suitable to be an officer of the club in question.

(9) Where the IFR gives a notice under this section to a person, it must give a copy of the notice to the club in question.

(10) The IFR must publish notice of any determination it is treated by virtue of subsection (8) as having made under section 28 or 29.

Opportunity to make representations about proposed negative determinations

31

(1) If the IFR is minded to determine under section 28 or 29 that a person is not suitable to be an owner or officer of a particular regulated club, the IFR must—

(a) give notice of that fact to the person and to the club, and

(b) have regard to any representations made by the person or the club in accordance with the notice.

(2) If the IFR is minded to give a notice under section 30 (1)(b) or (3)(b) to a person, the IFR must—

(a) give notice of that fact to the person and to the regulated club of which the person is an owner or officer, and

(b) have regard to any representations made by the person or the club in accordance with the notice.

(3) A notice under subsection (1) or (2) must—

(a) explain why the IFR is minded to make the determination or (as the case may be) to give the notice,

(b) invite the person or the club to make representations about the proposed determination or notice, and

(4) The period for making representations must be a period of not less than 7 days beginning with the day on which the notice is given.

Determinations under sections 28 and 29: time limits

32

(1) Where a person makes an application to the IFR under section 28 or 29, the IFR must make a determination under that section in respect of the person before the end of the determination period.

(2) The determination period is—

(a) the period specified in regulations made by the Secretary of State for the purposes of this paragraph, or

(b) in a case where the period mentioned in paragraph (a) is extended (or further extended) under subsection (3), the period as so extended.

(3) If the IFR considers that it cannot make a determination under section 28 or 29 before the end of the determination period, it may (before the end of that period) give the person who made the application a notice extending the determination period for the period specified in the notice.

(4) The power under subsection (3) may be exercised more than once; but the determination period may not be extended so that it exceeds the period specified in regulations made by the Secretary of State for the purposes of this subsection.

(5) If the IFR does not make a determination under section 28 or 29 in respect of a person before the end of the determination period, the IFR is to be treated on the expiry of that period as having determined under that section that the person is not suitable to be an owner or officer of the club (as the case may be).

(6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

Determinations relating to incumbent owners and officers

Duties to notify IFR of change in circumstances relating to incumbent owner or officer

33

(1) An individual who is an owner or officer of a regulated club must notify the IFR where the individual considers there has been, or may have been, a material change in circumstances which is relevant to whether the individual is suitable to be an owner or officer of the club (as the case may be).

(2) A regulated club must notify the IFR where it considers that there has been, or may have been, a material change in circumstances which is relevant to whether an individual who is an owner or officer of the club is suitable to be an owner or officer of the club (as the case may be).

(3) A notification under this section must—

(a) identify the owner or officer in question,

(b) explain the material change in circumstances, and

(c) explain why the person giving the notification considers that the change in circumstances is relevant to whether the owner or officer in question is suitable to be an owner or officer of the club.

(4) A notification under subsection (1) or (2) must be given as soon as reasonably practicable after the duty under that subsection arises.

Incumbent owners

34

(1) The IFR may determine whether an individual within subsection (3) meets the individual ownership fitness criteria if the IFR is in possession of information that gives it grounds for concern about whether the individual meets those criteria.

(2) The IFR may determine whether an individual within subsection (3) has a source of wealth which is connected to serious criminal conduct if the IFR is in possession of information that gives it grounds to suspect that the individual does have such a source of wealth.

(3) An individual is within this subsection if the individual is an owner of a particular regulated club and either—

(a) the individual has been an owner of the club since immediately before—

(i) the coming into force of this section, or

(ii) if later, the time when the club became a regulated club, or

(b) a determination under section 28 that the individual is suitable to be an owner of the club has effect in relation to the individual.

(4) Before making a determination under subsection (1) or (2) in relation to an individual (“P”), the IFR must give notice to P and to the club of the fact that it proposes to make such a determination.

(5) Where the only determination being made by the IFR is a determination under subsection (1), if the IFR finds that P meets the individual ownership fitness criteria—

(a) the IFR must give notice of that finding to P and to the club, and

(b) P may continue to be an owner of the club.

(6) Where the only determination being made by the IFR is a determination under subsection (2), if the IFR finds that P does not have a source of wealth which is connected to serious criminal conduct—

(a) the IFR must give notice of that finding to P and to the club, and

(b) P may continue to be an owner of the club.

(7) The IFR may make the finding referred to in subsection (6) only if the IFR—

(a) has taken reasonable steps to establish whether P has any source of wealth which is connected to serious criminal conduct, and

(b) is not satisfied, on the balance of probabilities, that P has any such source of wealth.

(8) Where determinations under both subsections (1) and (2) are being made by the IFR, if the IFR finds as mentioned in subsections (5) and (6)—

(a) the IFR must give notice of those findings to P and to the club, and

(b) P may continue to be an owner of the club.

(9) Subsection (10) applies if—

(a) in a case within subsection (5), the IFR does not make the finding mentioned in that subsection,

(b) in a case within subsection (6), the IFR does not make the finding mentioned in that subsection, or

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