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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

Reform history JSON API

(10) If this subsection applies—

(a) the IFR is to be treated as having determined that P is not suitable to be an owner of the club, and

(b) the IFR must give notice of that fact to P and to the club.

(11) The IFR must publish notice of—

(a) any finding it makes under this section;

(b) any determination it is treated as having made under this section.

Incumbent officers

35

(1) The IFR may determine whether an individual within subsection (2) meets the officer fitness criteria if the IFR is in possession of information that gives it grounds for concern about whether the individual meets those criteria.

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

(a) the individual has been an officer 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 29 that the individual is suitable to be an officer of the club has effect in relation to the individual.

(3) Before determining under this section whether an individual (“P”) meets the officer fitness criteria, the IFR must give notice to P and to the club of the fact that it proposes to make such a determination.

(4) If, on making a determination under this section, the IFR finds that P meets the officer 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 officer of the club.

(5) If, on making a determination under this section, the IFR does not find that P meets the officer fitness criteria—

(a) the IFR is to be treated as having determined that P is not suitable to be an officer of the club, and

(b) the IFR must give notice of that fact to P and to the club.

(6) The IFR must publish—

(a) any finding it makes under this section;

(b) notice of any determination it is treated as having made under this section.

Opportunity to make representations about proposed negative findings

36

(1) If the IFR is minded to make a negative finding under section 34 or 35 in relation to an individual, the IFR must—

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

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

(2) In this section, “negative finding” means—

(a) in relation to a determination under section 34 (1), a finding that the individual does not meet the individual ownership fitness criteria;

(b) in relation to a determination under section 34 (2), a finding that the individual does have a source of wealth which is connected to serious criminal conduct;

(c) in relation to a determination under section 35 (1), a finding that the individual does not meet the officer fitness criteria.

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

(a) explain why the IFR is minded to make the negative finding,

(b) invite the individual or the club to make representations about the proposed finding, and

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

Further provision about determinations

Matters relevant to determinations

37

(1) In making a determination under this Part in relation to a person, the IFR must have regard to any determination which—

(a) has been made by a competition organiser in relation to the person, and

(b) the IFR considers relevant to its determination.

(2) In determining for the purposes of this Part whether it considers that an individual has the requisite honesty and integrity, the IFR must have regard to the following matters—

(a) whether the individual has been convicted of a criminal offence or subject to criminal proceedings, whether or not in England and Wales (in particular where the offence is or proceedings are in respect of serious criminal conduct);

(b) whether, on the balance of probabilities, the individual has engaged in conduct outside England and Wales which would, if done in England and Wales, amount to the commission of a serious offence;

(c) whether the individual is or has been a party to proceedings (other than criminal proceedings) in any court or tribunal;

(d) any action of a regulatory or disciplinary nature that is being or has been taken in relation to the individual (whether or not by the IFR and whether or not in England and Wales);

(e) whether the individual is prohibited from entering the United Kingdom;

(f) whether the individual is a designated person as defined by section 9(2) of the Sanctions and Anti-Money Laundering Act 2018;

(g) such other matters relating to honesty and integrity as may be specified for the purposes of this paragraph in rules made by the IFR.

(3) In determining for the purposes of this Part whether it considers that an individual is financially sound, the IFR must have regard to the following matters—

(a) the individual’s financial arrangements, including in particular whether the individual has—

(i) become bankrupt (in relation to England and Wales and Northern Ireland) or made an arrangement with creditors,

(ii) had their estate sequestrated (in relation to Scotland), or

(iii) been subject to any similar procedure (whether or not in the United Kingdom);

(b) the financial situation of any body in relation to which the individual holds, or has held, a position of responsibility (whether or not as an officer of the body);

(c) such other matters relating to financial soundness as may be specified for the purposes of this paragraph in rules made by the IFR.

(4) In determining for the purposes of this Part whether it considers that an individual has the requisite competence, the IFR must have regard to the individual’s qualifications, experience and training.

(5) In making a determination referred to in subsection (2), (3) or (4), the IFR may not have regard to any matter which is not referred to in that subsection (subject to subsection (1)).

(6) Rules made under subsection (2)(g) or (3)(c) must not have the effect of authorising the IFR to make a determination in relation to any matter based solely on the individual’s connection with the government of any country or territory.

(7) In this section, “serious offence” means an offence specified, or falling within a description specified, in Part 1 of Schedule 1 to the Serious Crime Act 2007.

Disqualification orders and enforcement

Disqualification orders

38

(1) The IFR may make an order disqualifying a person from being an owner of any regulated club if under any provision of this Part the IFR determines, or is treated as having determined, that the person is not suitable to be an owner of a particular regulated club.

(2) The IFR may make an order disqualifying a person from being an officer of any regulated club if under any provision of this Part the IFR determines, or is treated as having determined, that the person is not suitable to be an officer of a particular regulated club.

(3) Before making an order made under subsection (1) or (2), the IFR must give a notice to the person to whom the order would relate, and to the particular club referred to in that subsection—

(a) giving details of the fact that the IFR proposes to make the order,

(b) stating the reasons for the proposed order,

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

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

(4) The period for making representations must be a period of not less than 14 days beginning with the day on which the notice under subsection (3) is given.

(5) As soon as reasonably practicable after the period for making representations has ended, the IFR must—

(a) decide whether to make an order under subsection (1) or (2), and

(b) publish a notice of its decision, giving reasons for it.

(6) An order under subsection (1) or (2) must set out the period for which the order has effect (which may be indefinite).

(7) The IFR may revoke an order made under subsection (1) or (2).

Removal directions: owners

39

(1) This section applies in relation to a person (“P”) who is an owner of a particular regulated club where—

(a) the IFR has determined under section 28, or is treated as having determined under that section, that P is not suitable to be an owner of the club, or

(b) the IFR is treated by virtue of section 34 (10)(a) as having determined that P is not suitable to be an owner of the club,

and “deemed determination” in this section means a determination that the IFR is treated as having made as mentioned in paragraph (a) or (b).

(2) The IFR must give P a direction requiring P to take all reasonable steps to cease to be an owner of the club before the end of the removal period.

This is subject to subsection (7).

(3) The removal period is—

(a) the period specified in the direction, or

(b) where the period mentioned in paragraph (a) is extended (or further extended) under subsection (4), that period as so extended.

(4) A direction given under this section in relation to P (“the first direction”) may be varied by a further direction so as to extend (or further extend) the period specified in the first direction.

(5) Before giving a direction under this section, the IFR must consult—

(a) P,

(b) the club, and

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

(6) At the same time as giving a direction under this section to P, the IFR must give a notice to P and to the club including information about the possible consequences under this Part and Part 8 of not complying with the direction.

(7) Subsection (2) does not apply in a case within subsection (1)(a) if, before the end of the period of 3 months beginning with the applicable day, the IFR exercises its power to make an order under section 43 in relation to P (ownership removal order).

(8) For the purposes of subsection (7), the applicable day is (subject to subsections (9) and (10)) the day on which the IFR publishes—

(a) its determination under section 28 in relation to P, or

(b) notice of its deemed determination under that section in relation to P,

as the case may be.

(9) Where the determination or deemed determination is subject to a review requested under section 82, the applicable day is the day on which the IFR publishes—

(a) the applicable reviewer’s decision under section 83 (3), or

(b) the decision that the applicable reviewer is treated as having made under section 82 (5) or 83 (6),

unless the determination or deemed determination is then subject to an appeal under section 84.

(10) Where the determination or deemed determination is subject to an appeal under section 84 (whether or not it has been subject to a review requested under section 82), the applicable day is the day on which the appeal is finally determined.

Removal directions: officers

40

(1) This section applies in relation to an individual (“P”) who is an officer of a particular regulated club where—

(a) the IFR has determined under section 29, or is treated as having determined under that section, that P is not suitable to be an officer of the club, or

(b) the IFR is treated by virtue of section 35 (5)(a) as having determined that P is not suitable to be an officer of the club.

(2) The IFR must give either or both of the following—

(a) a direction to P requiring P to take all reasonable steps to cease to be an officer of the club before the end of the removal period;

(b) a direction to the club requiring the club to take all reasonable steps to secure that P ceases to be an officer of the club before the end of the removal period.

(3) The removal period, in the case of a direction under this section, is—

(a) the period specified in the direction, or

(b) where the period mentioned in paragraph (a) is extended under subsection (4), that period as extended (or further extended) under that subsection.

(4) A direction given under this section in relation to P (“the first direction”) may be varied by a further direction so as to extend (or further extend) the period specified in the first direction.

(5) Before giving a direction under this section, the IFR must consult—

(a) P,

(b) the club, and

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

(6) At the same time as giving a direction under this section, the IFR must—

(a) in the case of a direction under subsection (2)(a), give a notice to P and to the club, and

(b) in the case of a direction under subsection (2)(b), give a notice to the club,

including information about the possible consequences under Part 8 of not complying with the direction.

Directions relating to unsuitable owners and officers

41

(1) This section applies where, under any provision of this Part, the IFR determines or is treated as having determined—

(a) that a person who is an owner of a regulated club is not suitable to be an owner of the club, or

(b) that a person who is an officer of a regulated club is not suitable to be an officer of the club.

(2) The IFR may give one or both of the following—

(a) a direction to the person prohibiting the person (wholly or to an extent specified in the direction) from carrying out such of the person’s activities, or exercising such of their rights, as an owner or officer as are specified or described in the direction;

(b) a direction to the club requiring it to secure that the person does not (wholly or to an extent specified in the direction) carry out such of those activities, or exercise such of those rights, as are specified or described in the direction.

(3) A direction under this section may, among other things, contain provision prohibiting or (in the case of a direction under subsection (2)(b)) provision aimed at prohibiting the person to whom it relates from—

(a) exercising any right, whether or not by virtue of the holding of shares, stock or securities, to vote on any matter relating to the carrying on of the club’s activities;

(b) appointing, terminating the appointment of, changing the terms of appointment or the responsibilities of, any officer or employee of the club;

(d) doing anything specified or described in the direction without obtaining the prior approval of the IFR.

(4) A direction under this section—

(a) comes into force at the time specified by or determined in accordance with the direction;

(b) has effect for the period specified in the direction;

(5) At the same time as giving a direction under this section, the IFR must—

(a) in the case of a direction under subsection (2)(a), give a notice to the person and to the club of which the person is an owner or officer including information about the possible consequences under this Part and Part 8 of not complying with the direction;

(b) in the case of a direction under subsection (2)(b), give a notice to the club including information about the possible consequences under Part 8 of not complying with the direction.

Orders and directions effecting alternative officer arrangements

42

(1) This section applies where—

(a) a direction under section 41 has effect in relation to a person or club, and

(b) the IFR considers that the ability of the club to operate effectively, or to comply with conditions attached to its operating licence, is or is likely to be adversely affected by compliance with the direction.

(2) The IFR may do either or both of the following if it considers that doing so would mitigate or avoid the effect mentioned in subsection (1)(b)—

(a) make an order appointing an individual identified in the order as an officer of the club for a period specified in the order;

(b) give the club a direction requiring it to redistribute amongst its existing officers functions specified or described in the direction (whether of the person concerned or otherwise).

(3) An order under subsection (2)(a)—

(a) must specify or describe the functions to be exercised by the individual appointed by the order;

(b) comes into force at the time specified by or determined in accordance with the order;

(4) A direction under subsection (2)(b)—

(a) comes into force at the time specified by or determined in accordance with the direction;

(b) has effect for the period specified in the direction;

(5) The IFR may make rules providing for—

(a) costs incurred by it in connection with the appointment of an individual by virtue of an order under subsection (2)(a), and

(b) costs incurred by an individual appointed by virtue of such an order,

to be payable by the club to which the individual is appointed.

(6) Where an individual is appointed by virtue of an order under subsection (2)(a), the club, each owner of the club and each officer of the club must—

(a) co-operate with the individual, and

(b) give the individual such reasonable assistance as the individual requests (including access to business premises, equipment, services, information and individuals),

in connection with the exercise of the individual’s functions under the order.

(7) At the same time as making an order under this section, the IFR must give a notice to the club, and to each owner and officer of the club, including information about the possible consequences under—

(a) this Part (where the direction under section 41 relates to a person who is an owner of the club), and

(b) Part 8,

of not complying with the duty imposed by subsection (6).

(8) At the same time as giving a direction under this section, the IFR must give the club a notice about the possible consequences under Part 8 of not complying with the direction.

(9) References in this Act to an officer of a club do not include references to an individual appointed as an officer of the club by virtue of an order under subsection (2)(a).

Ownership removal orders

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(1) The IFR may make an order containing such provision as the IFR considers appropriate to secure that, by the end of the period specified in the order, a person who is an owner of a regulated club (“P”) has ceased to be an owner of the club.

(2) But the power to make an order under subsection (1) is exercisable only where—

(a) the IFR has determined under section 28, or is treated as having determined under that section, that P is not suitable to be an owner of the club,

(b) P fails without reasonable excuse to comply with a direction given to P under section 39,

(d) a direction under section 41 has effect in relation to P and P—

(i) fails to co-operate with or assist an individual appointed by an order under section 42 in connection with the exercise of the individual’s functions under the order, or

(ii) otherwise obstructs such an individual from carrying out those functions,

and P does not have a reasonable excuse for the failure or obstruction.

(3) An order under this section may, among other things, include provision—

(a) for the appointment of trustees;

(b) conferring functions on trustees appointed by virtue of the order (including functions of taking action on behalf of P or any other person);

(c) requiring P or any other person to take action (including action directed by trustees appointed by virtue of the order).

(4) The provision that may be made by virtue of subsection (3)(b) includes provision authorising trustees appointed by virtue of the order to take any steps they consider appropriate to achieve the purpose for which the order is made.

(5) A trustee appointed by virtue of an order under this section—

(a) must not have a conflict of interest, and

(b) must have the necessary skills to discharge their functions under the order.

(6) Where a trustee is appointed by virtue of an order under this section, the club, each owner of the club and each officer of the club must—

(a) co-operate with the trustee, and

(b) give the trustee such reasonable assistance as the trustee requests (including access to business premises, equipment, services, information and individuals),

in connection with the exercise of the trustee’s functions under the order.

(7) A trustee appointed by virtue of an order under this section must—

(a) provide the IFR with regular reports on the exercise of their functions under the order and on any co-operation or assistance provided by P or the club;

(b) obtain the IFR’s approval before making any contractual or other arrangements that would result in P ceasing to be an owner of the club.

(8) The IFR may withhold approval for arrangements described in subsection (7)(b) if—

(a) the IFR considers that the arrangements would result in any person becoming an owner of the club without the IFR having first determined under section 28 that the person is suitable to be an owner of the club, or

(b) where the arrangements would involve the disposal of an interest in the club, the IFR considers that any party to the proposed disposal is acting in bad faith.

Orders under section 43: procedure, costs and liabilities

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(1) Before making an order under section 43, the IFR must publish a notice—

(a) stating—

(i) that the IFR proposes to make the order, and

(ii) the reasons for doing so,

(b) summarising the provision the IFR proposes to include in the proposed order,

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

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

(2) The period for making representations must be a period of not less than 14 days beginning with the day on which the notice under subsection (1) is published.

(3) As soon as reasonably practicable after the period for making representations has ended, the IFR must—

(a) decide whether to make an order under section 43, and

(b) publish a notice of its decision, giving reasons for it.

(4) At the same time as making an order under section 43, the IFR must—

(a) where the order imposes requirements on P (within the meaning of section 43), give a notice to P and to the club including information about the possible consequences under Part 8 of not complying with those requirements;

(b) where the order imposes requirements on the club, give a notice to the club including information about the possible consequences under Part 8 of not complying with those requirements;

(c) give a notice to the club, and to each owner and officer of the club, including information about the possible consequences under Part 8 of not complying with the duty imposed by subsection (6) of section 43.

(5) An order under section 43—

(a) comes into force at the time specified by or determined in accordance with the order,

(b) has effect for the period specified by or determined in accordance with the order, and

(6) The IFR may make rules providing for—

(a) costs incurred by the IFR in exercising functions under section 43 or this section, and

(b) costs incurred by a trustee appointed by virtue of such an order,

to be payable by P (within the meaning of section 43).

Part 5 — Duties on clubs and competition organisers etc

Duties on regulated clubs and formerly regulated clubs etc

Duty not to operate a team in relation to a prohibited competition

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(1) A club to which subsection (2) applies must not operate a team in relation to a prohibited competition.

(2) This subsection applies to—

(a) a regulated club, or

(b) a club that is not a regulated club but has been a regulated club at any point within the previous 10 years.

(3) In calculating the period of 10 years mentioned in subsection (2)(b), no account is to be taken of any time before the coming into force of this section.

(4) A “prohibited competition” is a competition specified as a prohibited competition for the purposes of this section in rules made by the IFR.

(5) In considering whether to specify a competition as a prohibited competition, the IFR must have regard to—

(a) whether the competition—

(i) is, or would be, merit-based,

(ii) operates, or would operate, on the basis of fair and open competition,

(iii) jeopardises, or would jeopardise, the sustainability of relevant competitions,

(iv) jeopardises, or would jeopardise, the sustainability of clubs operating teams in relation to relevant competitions, and

(v) harms, or would harm, the heritage of English football, and

(b) any other factors that the IFR specifies in rules.

(6) Before specifying a competition as a prohibited competition, the IFR must give the competition organiser a notice—

(a) stating that it proposes to specify the competition as a prohibited competition,

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

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

and must have regard to any representations duly made.

(7) 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.

(8) Before specifying a competition as a prohibited competition, the IFR must—

(a) take reasonable steps to determine the views of fans in England and Wales of regulated clubs about the competition being specified as a prohibited competition, and

(b) have regard to those views.

(9) Before specifying a competition as a prohibited competition, the IFR must consult—

(a) the Football Association, and

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

(10) The IFR may specify a competition as a prohibited competition—

(a) whether or not any of the matches included in that competition are played, or are to be played, in England or Wales or in any other part of the United Kingdom;

(b) whether or not the teams that are entered into it, or that are members of it, or that participate in it are, or are to be, exclusively or predominantly English teams.

(11) For the purposes of this section—

“English team” has the meaning given by section 2 (4);

“relevant competition” means any competition (other than a prohibited competition) where the teams that are entered into it, or that are members of it, or that participate in it are exclusively or predominantly English teams.

Duty not to dispose etc of home ground without approval

46

(1) A body to which subsection (2) applies must notify the IFR where the body considers that there is a reasonable prospect of the body—

(a) disposing of any freehold or leasehold interest that the body holds in its home ground or any part of the home ground, or

(b) using any interest that the body holds in its home ground, or any part of the home ground, as security in respect of a loan or other liability.

(2) This subsection applies to—

(a) a body that is a regulated club, or

(b) a body that is not a regulated club but has been a regulated club at any point within the previous 5 years (a “formerly regulated club”).

(3) In calculating the period of 5 years mentioned in subsection (2)(b), no account is to be taken of any time before the coming into force of this section.

(4) A notification under subsection (1) must be given as soon as reasonably practicable after the body considers the duty under that subsection to have arisen.

(5) A body to which subsection (2) applies must obtain the approval of the IFR before it takes any step mentioned in subsection (1).

(6) The IFR must grant approval for the taking of any step mentioned in subsection (1) if—

(a) where the body is a regulated club, it is satisfied that the taking of the step would not undermine the financial sustainability of the club;

(b) where the body is a formerly regulated club, it is satisfied that the body has taken all reasonable steps to ensure that a team customarily plays its home matches at the ground.

(7) The IFR may not grant approval in any other circumstances.

(8) The IFR must, as soon as reasonably practicable after the body has sought approval, decide whether to grant approval under subsection (6).

(9) The IFR must notify the body of its decision to grant, or not to grant, that approval and give reasons for its decision.

(10) In this section, “home ground”—

(a) in relation to a body that is a regulated club, means the ground at which a relevant team operated by it customarily plays its home matches;

(b) in relation to a body that is a formerly regulated club, means the ground at which a relevant team operated by it immediately before it ceased to be a regulated club customarily played its home matches.

Duty not to appoint administrator without approval

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(1) A body to which section 46 (2) applies must notify the IFR as soon as reasonably practicable after the body considers that there is a reasonable prospect of an administrator of the body being appointed under paragraph 22 of Schedule B1 to the Insolvency Act 1986 (“the 1986 Act”) (including that paragraph as applied in relation to partnerships by an order under section 420 of that Act).

(2) An administrator of a body to which section 46 (2) applies may not be appointed as mentioned in subsection (1) without the approval of the IFR.

(3) Approval under subsection (2)—

(a) must be in writing, and

(b) must accompany the notice of intention to appoint filed under paragraph 27 of Schedule B1 to the 1986 Act.

(4) But in a case where the notice of intention to appoint mentioned in subsection (3)(b) is not required—

(a) subsection (3)(b) does not apply, but

(b) approval under subsection (2) must accompany the notice of appointment filed under paragraph 29 of Schedule B1 to the 1986 Act.

Duties on regulated clubs

Duty not to relocate without approval

48

(1) A regulated club must notify the IFR where the club considers that there is a reasonable prospect of the club entering into arrangements whereby a relevant team operated by it would play its home matches at a ground other than the club’s home ground.

(2) A notification under subsection (1) must be given as soon as reasonably practicable after the club considers the duty under that subsection to have arisen.

(3) The club must obtain the approval of the IFR before it enters into the arrangements mentioned in subsection (1).

(4) The IFR must grant approval for the club entering into those arrangements if it is satisfied that —

(a) the arrangements would not undermine the financial sustainability of the club,

(b) the arrangements would not cause significant harm to the heritage of the club,

(c) the club has taken reasonable steps to determine the views of its fans about the effect of the arrangements on the relevant matters set out in paragraph 4 (2) of Schedule 4, and

(d) the club has had regard to those views in considering whether to enter into the arrangements.

(5) The IFR may not grant approval in any other circumstances.

(6) The IFR must, as soon as reasonably practicable after the club has sought approval, decide whether to grant approval under subsection (4).

(7) The IFR must notify the club of its decision to grant, or not to grant, that approval and give reasons for its decision.

(8) In this section “home ground”, in relation to a regulated club, has the meaning given by section 46 (10)(a).

Duty not to change crest, home shirt colours or name without approval

49

(1) A regulated club must not make any material changes to—

(a) any emblem or crest of a relevant team operated by the club, or

(b) the predominant home shirt colours of such a team,

unless the club has taken reasonable steps to establish that the changes are supported by a majority of the club’s fans in England and Wales.

(2) A regulated club must not change the name of a relevant team operated by the club unless the change has been approved by the Football Association.

Duty to notify of changes in circumstances relevant to the IFR’s functions

50

(1) A regulated club must notify the IFR where the club considers that there has been, or may have been, a material change in circumstances affecting the club that is relevant to the exercise of the IFR’s functions under this Act.

(2) A notification under subsection (1) must be given as soon as reasonably practicable after the club considers that there has been, or may have been, such a change of circumstances.

(3) A club is not required to notify the IFR under this section of any material change in circumstances that the club has notified to the IFR under or by virtue of any other provision of this Act.

Duty to keep fans informed of insolvency proceedings

51

(1) A regulated club that is in relevant insolvency proceedings must take reasonable steps to keep its fans informed about the progress of the proceedings.

(2) “Relevant insolvency proceedings” has the meaning given by paragraph 13 (3) of Schedule 1.

Duties on licensed clubs

Duty to publish a personnel statement

52

(1) A licensed club must—

(a) prepare a personnel statement (within the meaning of section 16), and

(b) submit it to the IFR for approval.

(2) A statement submitted to the IFR for approval must be accompanied by a statement explaining why the club considers the statement to be accurate (but this is subject to subsection (8)).

(3) The IFR—

(a) may approve the statement with or without modifications, and

(b) may approve the statement only if satisfied that it is accurate.

(4) Before approving the statement with modifications, the IFR must consult the club.

(5) The club must publish the approved statement online as soon as reasonably practicable after the IFR approves the statement.

(6) The first statement must be submitted to the IFR as soon as reasonably practicable after the club becomes a licensed club, subject to subsection (8).

(7) A new statement must be submitted to the IFR as soon as reasonably practicable after the most recent approved statement becomes inaccurate in a material particular.

(8) Where the first personnel statement submitted by a club to the IFR in accordance with subsection (6) would be the same as the personnel statement submitted by the club to the IFR under section 16, the club may require the IFR to treat the statement submitted under that section as its first personnel statement for the purposes of this section.

Duty to pay a levy

53

(1) The IFR may require a club to pay to the IFR a levy in respect of a chargeable period during which the club is a licensed club.

(2) The amount of the levy is to be calculated in accordance with rules made by the IFR (“levy rules”).

(3) Levy rules must secure that the aggregate amount payable by virtue of this section in respect of a chargeable period does not exceed the sum of—

(a) the costs which the IFR estimates it will incur in exercising its functions under this Act during that period, which may include an amount in respect of contingencies in relation to that period,

(b) the amount of any financial reserves which the IFR considers it appropriate to raise in that period for the purpose of meeting any costs of exercising its functions under this Act in future periods,

(c) where the IFR’s actual costs incurred in exercising its functions under this Act in the previous chargeable period exceed the IFR’s estimate of those costs, the amount by which the IFR’s actual costs in the previous period exceeded the IFR’s estimate,

(d) where the IFR’s estimate of the costs it would incur in exercising its functions in the previous chargeable period exceeds the IFR’s actual costs incurred, the amount (expressed as a negative figure) by which the IFR’s estimated costs in the previous period exceeded the IFR’s actual costs, and

(e) an amount in respect of any of the IFR’s initial costs, and any of the Secretary of State’s establishment costs, that have not been recovered before the beginning of the chargeable period.

(4) “The IFR’s initial costs” are the costs incurred by the IFR before the first chargeable period—

(a) in preparing for the exercise of any of its functions under this Act, and

(b) in exercising any of those functions.

(5) “The Secretary of State’s establishment costs” are such costs as are—

(a) incurred by the Secretary of State in relation to the establishment of the IFR before the coming into force of section 5, and

(b) notified by the Secretary of State to the IFR before the first chargeable period.

(6) Levy rules must make provision about—

(a) how the IFR is to estimate the costs which it expects to incur in exercising its functions under this Act during a chargeable period;

(b) how the IFR is to calculate the costs which it actually incurs in exercising those functions during a chargeable period;

(d) how the IFR is to calculate the IFR’s initial costs;

(e) the number of chargeable periods over which the IFR’s initial costs and the Secretary of State’s establishment costs will be recovered (“recovery periods”);

(f) the maximum percentage of the IFR’s initial costs and of the Secretary of State’s establishment costs that may be recovered in each recovery period;

(g) how the aggregate amount payable in respect of a chargeable period is to be divided between clubs that are licensed clubs during that period;

(h) the administration and payment of the levy.

(7) Levy rules may make provision—

(a) for a club that would otherwise be required to pay the levy to not be required to pay it where conditions specified in levy rules are met;

(b) for interest to be charged, at a rate specified in or calculated in accordance with the rules, on any amount of levy not paid by the day on which it is due.

(8) If levy rules make the provision mentioned in subsection (7)(b), they must provide—

(a) for the rate at which interest is charged not to exceed an annual percentage rate of 5% plus the Bank of England base rate,

(b) that the IFR may charge interest at a rate determined by the IFR that is lower than the rate that would otherwise be applicable under the rules, where the IFR considers that appropriate, and

(9) In making the provision mentioned in subsection (6)(g) the IFR must (among other things) have regard to—

(a) the financial resources of each licensed club, and

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

(10) An amount payable by a club in accordance with this section and levy rules is recoverable as a civil debt due to the IFR.

(11) For the purposes of this section and section 54 a “chargeable period” means—

(a) the period of 12 months beginning with such day as may be specified by the IFR by notice for the purposes of this subsection (which is the first chargeable period), and

(b) each subsequent period of 12 months.

Section 53: consultation and publication

54

(1) Before making, amending or replacing levy rules the IFR must consult—

(a) the Secretary of State,

(b) the Treasury,

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

(2) Subsection (1) does not apply in relation to amendments to or replacements of levy rules if the IFR considers the changes to be minor.

(3) The consultation must include a draft of the proposed levy rules.

(4) As soon as reasonably practicable before the start of a chargeable period (“period A”) the IFR must publish—

(a) an estimate of the costs which it expects to incur in exercising its functions under this Act during period A;

(b) the actual costs of exercising those functions during the chargeable period immediately before period A (unless period A is the first chargeable period);

(d) the amount to be recovered in period A in respect of the IFR’s initial costs and the Secretary of State’s establishment costs (if any);

(e) the amount of the IFR’s initial costs and the Secretary of State’s establishment costs that it has not recovered before the start of period A (if any);

(f) the amount payable by each licensed club in respect of period A;

(g) such information as it considers appropriate to explain how those costs and amounts are determined.

(5) Where the IFR by notice specifies a day for the purposes of section 53 (11) the IFR must, as soon as reasonably practicable after specifying the day, publish that notice.

(6) In this section “the IFR’s initial costs” and “the Secretary of State’s establishment costs” have the same meanings as in section 53.

Duties on specified competition organisers

Duties to notify and consult the IFR

55

(1) A specified competition organiser must notify the IFR where—

(a) the organiser considers that there is a risk of the IFR’s ability to advance its club financial soundness objective or its systemic financial resilience objective being jeopardised,

(b) the organiser has failed to comply with a commitment accepted by the IFR under section 24 or the organiser considers that there is an immediate risk of it failing to so comply, or

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

(a) explain why the specified competition organiser considers the duty under that subsection to have arisen, and

(b) be given as soon as reasonably practicable after the specified competition organiser considers the duty under that subsection to have arisen.

(3) A specified competition organiser must also notify the IFR before a penalty, sanction or other requirement (whether financial or otherwise) is imposed, whether by the organiser or another person, on a club that breaches or is suspected to have breached a relevant rule of a specified competition.

(4) Where a notice under subsection (3) is not given before a penalty, sanction or other requirement is imposed, the specified competition organiser must notify the IFR of the fact that a penalty, sanction or other requirement has been imposed as soon as reasonably practicable after becoming aware of that fact.

(5) A notice under subsection (3) or (4) must explain why the penalty, sanction or other requirement is being or has been imposed.

(6) A specified competition organiser must consult the IFR before—

(a) adding or removing a relevant rule of a specified competition, or

(b) varying a relevant rule of a specified competition, unless the variation is not material.

(7) A consultation under subsection (6) must—

(a) explain why the specified competition organiser is proposing to add, remove or vary the relevant rule of a specified competition;

(b) include a draft of the additional or varied rule.

(8) In this section, “relevant rule of a specified competition” means a rule of the specified competition organised by the specified competition organiser that is relevant to the exercise of any of the IFR’s functions under this Act.

Part 6 — Distribution of revenue

Introduction

Part 6: overview and interpretation

56

(1) This Part makes provision for a specified competition organiser to apply to the IFR for the triggering of a process under which—

(a) specified competition organisers are required to enter into mediation in connection with the distribution of relevant revenue received by one of the organisers, and

(b) if those organisers do not reach agreement during that process, the IFR may make an order as to the distribution of that revenue.

(2) In this Part, “relevant revenue” means revenue received by a specified competition organiser—

(a) as a result of the sale or acquisition of rights to exploit the broadcasting of football matches included in a competition organised by the specified competition organiser, or

(b) from any other source specified, or of a description specified, in regulations made by the Secretary of State.

(3) Before making regulations under subsection (2)(b), the Secretary of State must consult—

(a) the IFR,

(b) the Football Association, and

(4) The Secretary of State may not make regulations under subsection (2)(b) unless there has been a material change in circumstances relating to the sources of relevant revenue received by a specified competition organiser since—

(a) the day on which this section came into force, or

(b) where regulations under subsection (2)(b) have been made, the day on which such regulations were last made.

(5) For the purposes of this Part—

“distribution agreement” means an agreement between two specified competition organisers that provides for the distribution of relevant revenue received by one or both of those organisers (and includes an agreement entered into before the coming into force of any provision of this Part);

“distribution order” has the meaning given by section 62 (6);

“qualifying football season”, in relation to an application under section 57, means— either— the football season during which the application is made, or where the application is not made during a football season, the next football season after the application is made, and any subsequent football season up to and including the fifth subsequent season;

“the resolution process” means the process set out in sections 60 to 62.

(6) For the purposes of this Part, a distribution agreement or a distribution order relates to a qualifying football season if the agreement or order provides for the distribution of relevant revenue in or in respect of that season.

Applications for resolution process to be triggered

57

(1) A specified competition organiser may apply to the IFR for the resolution process to be triggered where—

(a) one or more questions have arisen between that organiser and another specified competition organiser, and

(b) the question or questions relate to the distribution, in or in respect of one or more qualifying football seasons, of relevant revenue received by one of those organisers.

(2) But a specified competition organiser may apply to the IFR under subsection (1) only if one or more of the following conditions are met in relation to the qualifying football season or seasons to which the question or questions for resolution mentioned in subsection (1) relate.

(3) Condition 1 is met in relation to a qualifying football season if—

(a) no distribution agreement is in force between the two specified competition organisers in relation to the season, and

(b) no distribution order has effect in respect of the two specified competition organisers in relation to the season.

(4) Condition 2 is met in relation to a qualifying football season if there has been, or will be, a material reduction in the relevant revenue received by one specified competition organiser in or in respect of that season compared to the relevant revenue received by that specified competition organiser in or in respect of any preceding season in relation to which (as the case may be)—

(a) the last distribution agreement entered into between the two specified competition organisers had effect, or

(b) the last distribution order made in relation to those organisers had effect.

(5) Condition 3 is met in relation to a qualifying football season if, in relation to the relevant revenue received or to be received by either or both of the specified competition organisers in or in respect of that season, there has been or will be a material change in circumstances since (as the case may be)—

(a) the day on which the last distribution agreement was entered into between those organisers, or

(b) the day on which the last distribution order was made in relation to those organisers.

(6) Condition 4 is met in relation to a qualifying football season if—

(a) a distribution agreement is in force between the two specified competition organisers in relation to the season,

(b) the distribution agreement has been in force for at least five years, and

Applications under section 57: procedural and other requirements

58

(1) Before making an application under section 57, a specified competition organiser (“the notifier”) must—

(a) notify the other specified competition organiser (“the respondent”) that the notifier intends to make the application, and

(b) send a copy of the notification to the IFR.

(2) A notification under subsection (1)(a) must—

(a) set out details of the question or questions for resolution mentioned in section 57(1) to which it is intended the application will relate,

(b) specify the qualifying football season or seasons to which that question relates or those questions relate,

(c) explain why the notifier considers that at least one of the conditions in section 57 is met in relation to that season or those seasons,

(d) invite the respondent to make representations about the content of the notification, and

(e) specify the means by which, and the period within which, such representations must be 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.

(4) An application under section 57 must not be made before the end of the period of five days beginning with the last day on which representations may be made.

(5) An application under section 57 must—

(a) set out details of the question or questions for resolution mentioned in section 57(1) to which the application relates,

(b) specify the qualifying football season or seasons to which that question relates or those questions relate,

(c) explain why the notifier considers that at least one of the conditions in section 57 is met in relation to that season or those seasons, and

(d) be accompanied by copies of any representations made by the respondent about the content of the notification under subsection (1)(a).

Decisions by the IFR on applications under section 57

59

(1) Where an application is made under section 57, the IFR must decide whether the resolution process should be triggered in relation to one or more of the questions for resolution to which the application relates (or a modified version of one or more of those questions).

(2) The IFR may decide that the resolution process should be triggered in relation to the question or questions for resolution only if the IFR—

(a) is satisfied that at least one of the conditions in section 57 is met in relation to each season to which the question relates or the questions relate,

(b) has reasonable grounds to suspect that its ability to advance at least one of its objectives would be jeopardised if the resolution process were not triggered in relation to the question or questions for resolution, and

(c) considers that the question or questions for resolution could not be resolved within a reasonable period of time by the IFR exercising any of its other functions under this Act.

(3) In deciding whether the resolution process should be triggered in relation to one or more of the questions for resolution, the IFR may have regard to the purposes for which the distributed revenue would be used.

(4) In deciding whether the resolution process should be triggered in reliance on the condition in section 57 (3), the IFR may have regard to whether the situation described in section 57 (3)(a) (no distribution agreement in force) has arisen as a result of bad faith on the part of either of the specified competition organisers.

(5) Where the IFR is minded that the resolution process should be triggered, the IFR must consult the Football Association on the question or questions for resolution in relation to which it is minded to trigger the process.

(6) If the IFR decides that the resolution process should be triggered, the IFR must—

(a) notify the two specified competition organisers and give reasons for its decision, and

(b) set out in the notice—

(i) the question or questions for resolution in relation to which the IFR is triggering the resolution process,

(ii) the qualifying football season or seasons to which that question relates or those questions relate,

(iii) how the IFR has taken account of any representations, copies of which accompanied the application under section 57 by virtue of section 58(5)(d), in setting out that question or those questions, and

(iv) any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions.

(7) Where any of the questions for resolution set out in the notice differ from those to which the application made under section 57 relates, the notice must set out the extent of, and reasons for, those differences.

(8) If the IFR decides that the resolution process should not be triggered, the IFR must notify the two specified competition organisers and give reasons for its decision.

(9) The IFR must make the decision under subsection (1) within the period of 28 days beginning with the day on which the application is made.

(10) The IFR may extend the period in subsection (9) by up to a further 28 days if it considers there are special reasons for doing so.

Resolution process

The mediation stage

60

(1) This section applies where the IFR gives a notice under section 59 (6).

(2) The two specified competition organisers to which the notice was given must appoint a mediator before the end of the period of 14 days beginning with the day on which the notice was given.

(3) If the period mentioned in subsection (2) ends without an appointment having been made by the specified competition organisers, the IFR must appoint a mediator as soon as reasonably practicable after that period has ended.

(4) The IFR may extend the period in subsection (2) by up to a further 28 days if it considers there are special reasons for doing so.

(5) A person appointed as a mediator under subsection (3) must be a person who the IFR considers to have appropriate skills and experience.

(6) A mediator appointed under this section must mediate negotiations between the specified competition organisers on the question or questions for resolution set out in a notice under section 59 (6)(b)(i) until whichever of the following events occurs first—

(a) the specified competition organisers resolve that question or those questions (whether by entering into a distribution agreement or otherwise);

(b) the end of the period of 28 days beginning with the day on which the mediator is appointed;

(d) the mediator notifies the specified competition organisers that the mediator considers—

(i) that there is no reasonable prospect of the specified competition organisers resolving the question or questions for resolution set out in a notice under section 59 (6)(b)(i) (whether by entering into a distribution agreement or otherwise) within the period mentioned in paragraph (b), or

(ii) either of the specified competition organisers is acting in bad faith.

(7) The IFR must extend the period in subsection (6)(b)—

(a) if requested in writing to do so by the mediator, and

(b) by such period as is set out in the request, which may be up to a further 28 days.

(8) The period in subsection (6)(b) may only be extended once.

(9) A notification under subsection (6)(d) must include reasons for the decision.

Proposal stage

61

(1) This section applies where mediation under section 60 comes to an end by virtue of the occurrence of an event within section 60 (6)(b), (c) or (d).

(2) As soon as reasonably practicable after the occurrence of the event, the IFR must give notice to the two specified competition organisers.

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

(a) set out the question or questions for resolution,

(b) specify the qualifying football season or seasons to which that question relates or those questions relate,

(c) set out any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions,

(d) invite each of the two specified competition organisers to submit to the IFR and to each other a proposal as to how that question or those questions should be resolved,

(e) require any proposal to be accompanied by supporting evidence (including evidence as to how the proposal addresses the findings set out under paragraph (c)),

(f) specify the day on or before which proposals are to be submitted.

(4) A question for resolution may be set out in a notice under subsection (2) only if it is the question, or one of the questions, for resolution remaining unresolved when the mediation mentioned in subsection (1) came to an end.

(5) Where a notice under subsection (2) sets out a question for resolution that relates to relegation revenue (within the meaning given by section 62 (9)), the notice must require the specified competition organisers to explain in a proposal how the proposal will promote the financial sustainability of clubs which operate teams relegated from a competition organised by the specified competition organiser distributing the relegation revenue.

(6) Subsection (7) applies if, on or before the day specified by virtue of subsection (3)(f), a specified competition organiser submits to the IFR a proposal which the IFR considers is not a qualifying proposal.

(7) The IFR may give both specified competition organisers a notice specifying a later day (falling not more than seven days after the end of the day specified by virtue of subsection (3)(f)) on or before which proposals are to be submitted.

(8) As soon as reasonably practicable after—

(a) the initial proposal deadline, or

(b) (if earlier) the day on which the IFR considers that both specified competition organisers have submitted qualifying proposals,

the IFR must give a notice under subsection (9) to the two specified competition organisers.

(9) A notice under this subsection must—

(a) state which of the two specified competition organisers (if any) has submitted a qualifying proposal before the initial proposal deadline,

(b) invite each such specified competition organiser to—

(i) confirm their proposal, or

(ii) make any permitted modifications to their proposal,

and submit the confirmed or modified proposal to the IFR and the other specified competition organiser, and

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