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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) The IFR may specify in a notice under subsection (2) or (9) the form and manner in which proposals and supporting evidence must be submitted.

(11) In this section—

(a) “the initial proposal deadline” means—

(i) the day referred to in subsection (3)(f), or

(ii) where the IFR gives a notice under subsection (7), the day specified in the notice;

(b) a “qualifying proposal” means a proposal which—

(i) explains how the question or questions for resolution should be resolved, and

(ii) complies with the requirements imposed by virtue of subsection (3)(e) and (5) (if applicable);

Distribution orders

62

(1) This section applies where the IFR has given a notice under section 61 (9).

(2) Before the end of the period of 60 days beginning with the day on which the notice under section 61 (9) was given, the IFR must give the two specified competition organisers a notice of the distribution order it proposes to make.

(3) The IFR may extend the period in subsection (2) by up to a further 14 days if it considers it appropriate to do so.

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

(a) give reasons for the proposed distribution order,

(b) explain how the proposed order applies the principles mentioned in subsection (8),

(d) invite each of the two specified competition organisers to make representations about the proposed distribution order,

(e) specify the period within which such representations may be made, and

(f) specify the means by which they may be made,

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

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

(6) As soon as reasonably practicable after the end of the period specified under subsection (4)(d), the IFR must make an order requiring relevant revenue to be distributed in a way that the IFR considers appropriate for the purpose of resolving the question or questions for resolution set out under section 61 (3)(a) (a “distribution order”).

(7) In making a distribution order the IFR must—

(a) apply the principles mentioned in subsection (8), and

(b) have regard to any proposal submitted under section 61 (9)(b).

See also section 7 (in particular the IFR’s general duty to exercise its functions in a way that advances one or more of its objectives and to have regard to various matters).

(8) The principles referred to in subsection (7)(a) are that—

(a) the distribution order should not place an undue burden on the commercial interests of either specified competition organiser, and

(b) the distribution order should not result in a lower amount of relegation revenue being distributed to a club during the relevant period than would have been distributed to the club during that period had the order not been made.

(9) For the purposes of subsection (8)—

“relegation revenue” means revenue distributed by a specified competition organiser to a club in consequence of a team operated by the club being relegated from a specified competition organised by the specified competition organiser;

“relevant period”, in relation to a distribution order, means the period of one year beginning with the final day of the first football season in respect of which relegation revenue would be distributed in pursuance of the order.

(10) A distribution order—

(a) must impose on the specified competition organisers such obligations as the IFR considers appropriate for the purpose of securing compliance with the requirements set out in the order, and

(b) may, where a distribution agreement is in force between the specified competition organisers in relation to the same qualifying football season or seasons to which the order relates, provide for that agreement to have effect subject to provision contained in the order.

(11) At the same time as making a distribution order, the IFR must give the two specified competition organisers a notice—

(a) including a copy of the order,

(b) giving reasons for the order,

(d) explaining how the order addresses the findings set out under section 61 (3)(c), and

(e) including information about the possible consequences under Part 8 of not complying with the order.

(12) The IFR must, as soon as reasonably practicable after making a distribution order, publish the order or a summary of the order.

Duration and revocation of distribution orders

63

(1) A distribution order comes into force at such time as the order may specify.

(2) A distribution order ceases to have effect—

(a) on such day as may be specified in the order, or

(b) if revoked under subsection (3) or (4).

(3) The IFR may revoke a distribution order if it considers that there are exceptional circumstances that make it appropriate to do so.

(4) The IFR must revoke a distribution order where it is satisfied that the two specified competition organisers have, after the making of the order, entered into a distribution agreement relating to the same qualifying football season or seasons to which the distribution order relates.

(5) Where the IFR revokes a distribution order, it must give a notice to that effect to the specified competition organisers.

(6) The notice must include the reasons for the IFR’s decision.

(7) The notice may include transitional, transitory or saving provision in relation to the revocation of the distribution order.

Miscellaneous

Review of distribution orders, payment of costs, etc

64

(1) The IFR must keep under review—

(a) the extent to which specified competition organisers are complying with a distribution order which has effect in respect of them,

(b) whether to take enforcement action under Part 8 in respect of a specified competition organiser which does not comply with a distribution order, and

(2) The IFR may by rules make provision about the payment of costs incurred by it or any other person under or by virtue of this Part.

(3) Nothing in this Part—

(a) affects the capacity of one or more specified competition organisers to agree, at any time, how relevant revenue received by a specified competition organiser is to be distributed (whether by entering into a distribution agreement or otherwise), or

(b) prevents such an agreement from having effect or being enforced (subject to section 62 (10)(b)).

Part 7 — Investigatory powers etc

Information gathering

Power to require information

65

(1) The IFR may give a person a notice (an “information notice”) requiring the person to give specified information to the IFR where the IFR considers that the information is necessary for the purpose of exercising the IFR’s functions under this Act.

(2) An information notice must—

(a) explain why the IFR requires the information;

(b) state the time by which, or the frequency with which, the information must be given to the IFR;

(d) state the form in which the information must be given to the IFR;

(e) include information about the possible consequences under Part 8 of not complying with the notice.

(3) The power under this section to require a person to give information to the IFR includes the power to—

(a) take copies of or extracts from the information given to the IFR;

(b) require the person to obtain or generate information for the purpose of giving that information to the IFR;

(c) require the person to collect or retain information that they would not otherwise collect or retain for the purpose of giving that information to the IFR;

(d) if any specified information is not given to the IFR, require the person to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the IFR.

(4) In this section, “specified” means—

(a) specified, or described, in the information notice, or

(b) falling within a category which is specified, or described, in the information notice.

Reports on clubs by expert reporters

66

Appointment of an expert reporter 1 The IFR may appoint a person (“an expert reporter”) to prepare, and provide the IFR with, a report in relation to a regulated club on any matter where the IFR considers that a report on the matter is necessary for the purpose of exercising the IFR’s functions under this Act. 2 Where the IFR appoints an expert reporter the IFR must give the club concerned a notice— a stating the name of the expert reporter; b giving details of the matter on which the report is to be prepared; c including information about the possible consequences under Part 8 of failing to co-operate with or assist, or otherwise obstructing, the expert reporter in the preparation of the report. 3 An expert reporter must be a person appearing to the IFR— a to have the skills necessary to provide a report on the matter concerned, and b not to have a conflict of interest.

Exercise of powers by an expert reporter 4 An expert reporter may by notice require a person to give specified information to the expert reporter where the expert reporter considers that the information is necessary for the purpose of preparing a report under this section. 5 A notice under subsection (4) must— a explain why the expert reporter requires the information; b state the time by which, or the frequency with which, the specified information must be given to the expert reporter; c state the place at which, or the manner (which may be remote) in which, the information must be given to the expert reporter; d state the form in which the information must be given to the expert reporter; e include information about the possible consequences under Part 8 of— i not complying with the notice, or ii failing to co-operate with or assist, or otherwise obstructing, the expert reporter in the preparation of the report. 6 The power under subsection (4) to require a person to give information to an expert reporter includes the power to— a take copies of or extracts from the information given to the expert reporter; b require the person to obtain or generate information for the purpose of giving that information to the expert reporter; c require the person to collect or retain information that they would not otherwise collect or retain for the purpose of giving that information to the expert reporter; d if any specified information is not given to the expert reporter, require the other person to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the expert reporter.

Supplementary 7 A person to whom an expert reporter gives a notice under subsection (4) and the club to which a report under this section relates— a must co-operate with the expert reporter in connection with the preparation of the report, and b must give the expert reporter such reasonable assistance as the expert reporter requests (including access to business premises, equipment, services, information and individuals) in connection with the preparation of the report. 8 In this section “specified” means— a specified or described in the notice under subsection (4), or b falling within a category which is specified or described in the notice. 9 The IFR may by rules make provision for— a costs incurred by it in relation to the appointment of a person under this section, or b expenses incurred by a person appointed under this section in connection with the preparation of a report under this section, to be payable by the club concerned.

Investigations into relevant infringements

Meaning of “relevant infringement”

67

In this Act, references to a “relevant infringement” are to be construed in accordance with Schedule 7.

Investigations

68

(1) The IFR may conduct an investigation where it has reasonable grounds for suspecting that a person has committed a relevant infringement.

(2) Schedule 8 sets out the powers available to the IFR where it decides to conduct an investigation.

(3) Where the IFR decides to conduct an investigation it must, as soon as reasonably practicable after making the decision, give a notice (an “investigation notice”) to the person it has reasonable grounds for suspecting to have committed a relevant infringement.

(4) An investigation notice is a notice—

(a) stating that the IFR has decided to conduct an investigation;

(b) indicating the relevant infringement the IFR has reasonable grounds for suspecting to have been committed;

(5) The IFR may delay giving an investigation notice if it considers that giving the notice would prejudice the investigation.

(6) Where the IFR delays giving an investigation notice in accordance with subsection (5), it must give the investigation notice to the person concerned as soon as reasonably practicable after the IFR no longer considers that giving the notice would prejudice the investigation.

Outcomes of investigations

69

(1) When the IFR conducts an investigation under section 68 into whether a person has committed a relevant infringement, the IFR must determine—

(a) whether the person committed the infringement, and

(b) if so, whether the person had a reasonable excuse for committing the infringement.

(2) The IFR must give a person a closure notice where—

(a) the IFR determines that the person has not committed the infringement, or

(b) the IFR determines that the person has committed the infringement but is not minded to take any action as a result of that determination (whether because the person had a reasonable excuse for committing the infringement, or otherwise).

(3) A closure notice is a notice—

(a) stating the IFR’s determination, and

(b) explaining the IFR’s determination.

(4) Where the IFR has accepted a commitment from the person to whom an investigation relates (see section 70), this section does not apply in relation to the behaviour to which the commitment relates.

(5) Part 8 contains provision about cases where the IFR determines that a person has committed a relevant infringement and is minded to take action as a result of that determination.

Commitments in lieu of investigations

70

(1) Where an investigation under section 68 relates to a relevant infringement to which this section applies, the IFR may accept an appropriate commitment from the person to whom the investigation relates as to their behaviour in respect of the relevant infringement.

(2) A commitment is “appropriate” if the IFR considers that the person’s compliance with the commitment would mean that it would not be necessary to carry out an investigation so far as relating to the behaviour to which the commitment relates.

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

(a) subject to subsection (4), the IFR may not take action under Part 8 in respect of the relevant infringement, so far as relating to the behaviour, and

(b) the person that gave the commitment must comply with it while it has effect.

(4) But the acceptance of a commitment—

(a) does not prevent an investigation from continuing so far as it relates to other behaviour in relation to the same or a different relevant infringement;

(b) does not prevent the IFR beginning a new investigation in relation to the behaviour to which the commitment relates where the IFR has reasonable grounds to suspect that—

(i) there has been a material change of circumstances since the commitment was accepted,

(ii) the person has not complied with the commitment in any respect, or

(iii) information which led it to accept the commitment was incomplete, false or misleading in a material particular.

(5) This section applies to relevant infringements that are relevant infringements by virtue of any of the following provisions of Schedule 7—

(a) paragraph 2 (2)(a), (b), (e) or (h);

(b) paragraph 2 (3)(c) or (d);

(d) paragraph 4 (a) or (f);

(e) paragraph 5, but only so far as the relevant infringement mentioned in sub-paragraph (1)(a) of that paragraph is a relevant infringement mentioned in paragraph (a) or (b) of this subsection;

(f) paragraph 6 (b), (c) or (f).

(6) This section is without prejudice to the power of the IFR to attach or vary a discretionary licence condition to an operating licence that relates to behaviour in respect of a relevant infringement.

Section 70: supplementary

71

(1) Where the IFR decides to accept, or not to accept, a commitment from a person under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—

(a) including the commitment,

(b) stating the relevant infringement to which the commitment relates,

(d) explaining why the IFR has accepted, or not accepted, the commitment.

(2) A commitment accepted under section 70—

(a) comes into force when notice of the IFR’s acceptance of it is given under subsection (1), and

(b) ceases to have effect if under subsection (4) the person is released from the commitment.

(3) The IFR may, from time to time, accept a variation to a commitment accepted under section 70 provided the commitment as varied would still be appropriate (and for that purpose subsections (1) and (2) apply in relation to a variation to a commitment as they apply in relation to the acceptance of a commitment).

(4) The IFR may release a person from a commitment accepted under section 70 where it considers that it would be appropriate to do so.

(5) Where the IFR decides to release a person from a commitment accepted under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—

(a) stating that the IFR has released the person from the commitment, and

(b) explaining why the IFR is releasing the person from the commitment.

(6) The fact that a commitment under accepted section 70 ceases to have effect does not affect the exercise of any functions in relation to a failure, or possible failure, to comply with that commitment.

(7) The IFR must keep under review—

(a) the extent to which a person which gave a commitment accepted under section 70 is complying with it,

(b) the appropriateness of such a commitment,

(c) whether a person should be released from such a commitment (and whether a discretionary licence condition should be attached to an operating licence, or varied, instead), and

(d) the appropriateness of taking action in accordance with Part 8 in respect of a person who fails to comply with such a commitment.

(8) Where the IFR gives a person a notice under this section it may also publish that notice.

Duty to preserve information

72

(1) A person who knows or suspects that an investigation under section 68 is being, or is likely to be, conducted must not, without reasonable excuse—

(a) destroy or otherwise dispose of relevant information,

(b) falsify or conceal relevant information, or

(2) In subsection (1), “relevant information” means any information which the person knows or suspects is or would be relevant to the investigation.

General

Privileged communications

73

(1) Nothing in this Part authorises the IFR, an officer of the IFR or an expert reporter to require a person to produce, generate or give to the IFR, an officer of the IFR or an expert reporter a privileged communication.

(2) Nothing in this Part authorises the IFR, an officer of the IFR or an expert reporter to produce or take possession of, or take copies of or extracts from, a privileged communication (but see Part 2 of the Criminal Justice and Police Act 2001 for additional powers of seizure).

(3) For the purposes of this section—

(a) “privileged communication” means a communication—

(i) between a professional legal adviser and their client, or

(ii) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege;

(b) “expert reporter” means a person appointed under section 66.

Requirement to publish certain notices etc

74

Where the IFR gives a person—

(a) an investigation notice under section 68, or

(b) a closure notice under section 69,

it must, as soon as reasonably practicable after giving the notice, publish the notice.

Part 8 — Enforcement

Sanctions and offences etc

Sanctions

75

(1) Part 1 of Schedule 9 sets out the action the IFR may take in relation to a person where—

(a) the IFR determines that the person has, without reasonable excuse, failed to comply with an information requirement, or

(b) the IFR is satisfied beyond reasonable doubt that the person has committed an offence under section 78.

(2) In subsection (1) and in Part 1 of Schedule 9, “information requirement” means a requirement imposed by or under section 65, 66 or 72 or Schedule 8.

(3) Part 2 of Schedule 9 sets out the action the IFR may take where (whether as a result of an investigation or otherwise) the IFR determines that a person has, without reasonable excuse, committed a relevant infringement (but this is subject to subsection (6)).

(4) Part 3 of Schedule 9 makes provision in connection with financial penalties under paragraphs 3 and 6 of that Schedule.

(5) The IFR may not take action in relation to a person under Schedule 9 in respect of an act or omission which constitutes an offence under section 78 if the person has, in relation to that act or omission, been found guilty of that offence.

(6) The IFR may not take action in relation to a club where it determines that the club has, without reasonable excuse, committed a relevant infringement by virtue of paragraph 2 (4)(a)(ii) of Schedule 7 (but it may, in respect of such an infringement, take action in relation to a senior manager by virtue of paragraph 5 of that Schedule).

Warning notices

76

(1) Where the IFR is minded to take action in relation to a person in accordance with section 75 and Schedule 9, the IFR must first give the person a warning notice.

(2) A warning notice is a notice that—

(a) gives details of the action the IFR is minded to take,

(b) explains why the IFR is minded to take the action,

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

(e) states whether the decision whether to take action is to be taken by the Board or delegated under paragraph 18 of Schedule 2, and if it is to be delegated, to which person or committee listed in that paragraph it is to be delegated.

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

(4) The IFR must have regard to any representations received in accordance with a warning notice before giving a decision notice under section 77 (and, accordingly, may not take action in accordance with section 75 and Schedule 9 until the period allowed for representations has expired).

Decision notices

77

(1) As soon as reasonably practicable after the period allowed for representations under section 76 has expired, the IFR must—

(a) determine whether to take action in relation to the person in accordance with section 75 and Schedule 9, and

(b) give the person a decision notice.

(2) A decision notice is a notice that—

(a) states—

(i) the action that the IFR is taking (which, subject to subsection (3), does not need to be the same action detailed in the warning notice), or

(ii) that the IFR is not taking action,

(b) explains why the IFR is taking that action or is not taking action,

(i) what action (if any) the person is required to take as a result, and

(ii) the day or days by which the person is required to take that action, and

(d) states whether the decision to take action, or not to take action, was made by the Board or delegated under paragraph 18 of Schedule 2, and if it was delegated, to which person or committee listed in that paragraph it was delegated.

(3) The IFR may not take action under paragraph 9 of Schedule 9 (suspension or revocation of operating licence) unless action under that paragraph was detailed in the warning notice.

(4) Subsection (5) applies where the IFR—

(a) has given a person a decision notice and has taken the action stated in it, but

(b) considers that the action has been ineffective.

(5) The IFR may take further action in accordance with section 75 and Schedule 9 (and section 76 and this section apply in relation to any such further action).

Offences

78

Destroying or falsifying information 1 A person commits an offence if the person— a intentionally or recklessly destroys or otherwise disposes of relevant information, b falsifies or conceals relevant information, or c causes or permits the destruction, disposal, falsification or concealment of relevant information. 2 In subsection (1), “relevant information” means information the person is required, under or by virtue of this Act, to give to— a the IFR, or b an expert reporter appointed under section 66.

False or misleading information 3 A person commits an offence if— a the person gives information to— i the IFR in connection with any of its functions under this Act, or ii an expert reporter appointed under section 66 in connection with the preparation of a report under that section, b the information is false or misleading in a material particular, and c the person knows or is reckless as to whether that is the case. 4 A person commits an offence if the person gives information to another person which is false or misleading in a material particular and the person— a knows that the information is false or misleading in a material particular or is reckless as to whether that is the case, and b knows that the information will be given to— i the IFR in connection with any of its functions under this Act, or ii an expert reporter appointed under section 66 in connection with the preparation of a report under that section.

Obstruction 5 A person commits an offence if the person intentionally obstructs an officer of the IFR acting in the exercise of the officer’s powers under a warrant issued under paragraph 3 of Schedule 8.

Penalties 6 A person guilty of an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both; b on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine, or to both.

Interaction with sanctions under section 75 7 A person may not be found guilty of an offence under this section by virtue of an act or omission if the IFR has taken action under Schedule 9 in relation to the person in relation to that act or omission.

Urgent directions

79

(1) This section applies where—

(a) the IFR determines (whether as a result of an investigation or otherwise) that a person has, without reasonable excuse, committed a relevant infringement,

(b) the relevant infringement is continuing, and

(c) the relevant infringement jeopardises, or immediately risks jeopardising, the IFR’s ability to advance one or more of its objectives.

(2) The IFR may give the person such direction as the IFR considers appropriate to bring the relevant infringement to an end (an “urgent direction”).

(3) An urgent direction must—

(a) explain why the IFR is giving a direction;

(b) state the action the direction requires the person to take or the action the direction prohibits the person from taking;

(c) state the period during which the action must be taken or the prohibited action must not be taken (as the case may be);

(d) include information about the possible consequences under Part 8 of not complying with the direction;

(e) if the IFR did not give the person concerned an opportunity to make representations before giving the direction, explain why;

(f) include any other information the IFR considers relevant.

(4) A period specified in an urgent direction may be indefinite.

(5) An urgent direction may be varied or revoked by a further urgent direction.

(6) Where the IFR is minded to vary an urgent direction so as to extend a time period, the IFR must invite the person concerned to make representations before giving a further urgent direction.

(7) Before giving a further urgent direction the IFR must have regard to any representations received (whether in response to an invitation under subsection (6) or otherwise).

Publication

Requirement to publish certain notices etc

80

Where the IFR gives a person—

(a) a warning notice under section 76,

(b) a decision notice under section 77, or

it must, as soon as reasonably practicable after giving the notice or direction, publish that notice or direction.

Part 9 — Reviews and appeals

Reviewable decisions etc

81

(1) Where the IFR makes a reviewable decision, the IFR must, as soon as reasonably practicable after making the decision, notify each concerned person of—

(a) the person’s right to request a review by the applicable reviewer under section 82, and

(b) the person’s right to appeal to the Tribunal under section 84.

(2) In this Part—

“applicable reviewer”, in relation to a reviewable decision, means the person mentioned in the corresponding entry in the second column of the Table in Schedule 10;

“concerned person”, in relation to a reviewable decision, means a person who appears to the IFR to be directly affected by the decision;

“reviewable decision” means a decision listed in the first column of the Table in Schedule 10.

Request for internal review

82

(1) Where the IFR makes a reviewable decision, a concerned person may request a review of that decision by the applicable reviewer.

(2) A concerned person may request a review by notifying the IFR within the period of seven days beginning with the day on which the person is notified of their right to request a review under section 81 (1)(a).

(3) Where a review of a reviewable decision is requested under this section, the IFR must, as soon as reasonably practicable after the request is made, decide whether or not to carry out a review.

(4) The IFR may only decide not to carry out a review if—

(a) an appeal has been made against the reviewable decision under section 84 (1) (whether by a concerned person or any other person with a sufficient interest in the decision),

(b) the request is for a review of a decision that is not a reviewable decision, or

(i) the person requesting the review is not a concerned person,

(ii) the request for a review is vexatious, or

(iii) there is no reasonable prospect of a review resulting in the decision being varied or cancelled.

(5) Where the IFR decides not to carry out a review of a reviewable decision—

(a) the IFR must notify each concerned person of its decision and the reasons for that decision,

(b) the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(c) the IFR must, as soon as reasonably practicable after giving the notice required under paragraph (a), publish notice of the fact that the applicable reviewer is treated as having decided to uphold the reviewable decision.

(6) Where the IFR decides to carry out a review of a reviewable decision, it must notify each concerned person of its decision.

(7) A request for a review under this section does not suspend the effect of the decision to which the review relates except so far as a direction suspending the effect of the decision is given by the applicable reviewer.

(8) But the applicable reviewer may not give a direction suspending the effect of a decision of the IFR to—

(a) attach a discretionary licence condition to, or vary a discretionary licence condition attached to, an operating licence in a case where the IFR was not required to give notice of attaching or varying the condition by virtue of section 23 (6);

(b) give a direction under section 41 (directions relating to unsuitable owners and officers);

(d) give an urgent direction under section 79;

(e) suspend or revoke an operating licence under paragraph 9 of Schedule 9 by virtue of the third aggravating condition in paragraph 8 of that Schedule being met.

(9) In the case of a reviewable decision in relation to which the applicable reviewer is a committee of the Expert Panel, the Chief Executive Officer must, as soon as reasonably practicable after the IFR has given notice under subsection (6), establish a committee of the Expert Panel to carry out the review (see paragraph 28 of Schedule 2).

(10) In a case where—

(a) the reviewable decision was made by a committee of the Expert Panel (“the deciding committee”), and

(b) the applicable reviewer in relation to that decision is also a committee of the Expert Panel (“the reviewing committee”),

the Chief Executive Officer may not appoint to the reviewing committee a member of the Expert Panel who was a member of the deciding committee.

(11) In a case where the reviewable decision was made by the Board and the applicable reviewer in relation to that decision is also the Board, any member of the Board who took part in the decision may not take part in the review.

Internal reviews

83

(1) Where the IFR decides to carry out a review of a reviewable decision—

(a) the applicable reviewer may determine the nature and extent of the review, and

(b) the applicable reviewer must have regard to any representations made by the concerned person in accordance with that determination.

(2) The applicable reviewer may, after carrying out a review, decide to—

(a) uphold the decision,

(b) vary the decision, or

(3) The IFR must—

(a) notify each concerned person in relation to the reviewable decision of the applicable reviewer’s decision on a review and the reasons for that decision, and

(b) as soon as reasonably practicable after giving the notice required under paragraph (a), publish the decision.

(4) The IFR must give the notice required under subsection (3)(a)—

(a) where the reviewer is the Board, before the end of the period of 28 days beginning with the day on which the IFR gave notice under section 82 (6);

(b) where the reviewer is a committee of the Expert Panel, before the end of the period of 28 days beginning with the day on which the committee is established.

(5) The IFR may, if it considers that there are special reasons for doing so, extend by up to a further 14 days the period before the end of which it is to give notice of the decision of the applicable reviewer.

(6) If the IFR does not give the notice required under subsection (3)(a) to each concerned person before the end of the period given by subsection (4) or (5)—

(a) the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(b) the IFR must—

(i) as soon as reasonably practicable after the end of the period given by subsection (4) or (5), notify each concerned person of the fact that the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(ii) as soon as reasonably practicable after giving the notice required by sub-paragraph (i), publish notice of that fact.

(7) The IFR may make rules providing for costs incurred by the IFR in exercising functions under this section to be payable by a concerned person who requested a review of a reviewable decision where—

(a) the applicable reviewer has decided to uphold the reviewable decision (but excluding where the applicable reviewer is treated as having upheld the reviewable decision under subsection (6)(a)), and

(b) both the reviewable decision and the applicable reviewer’s decision to uphold it have become final.

(8) A decision becomes final—

(a) when the time specified in Part 5B of the Tribunal Procedure Rules for appealing against it expires without an appeal having been brought, or

(b) where an appeal has been brought against the decision, when—

(i) the appeal and any further appeal are dismissed, withdrawn or abandoned, and

(ii) the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.

(9) Rules made under subsection (7) must require the IFR, in deciding whether to require payment of costs or determining the amount of those costs, to have regard to the financial resources of the concerned person who requested the review.

Appeals to the Competition Appeal Tribunal

84

(1) This section applies to—

(a) a reviewable decision of the IFR listed in subsection (3),

(b) a decision made by an applicable reviewer under section 83 (2), and

(c) a decision treated as having been made by an applicable reviewer by virtue of section 82 (5)(b) or 83 (6)(a) (a “deemed decision”).

(2) A concerned person, or any other person with a sufficient interest, may appeal to the Tribunal against a decision to which this section applies.

(3) The reviewable decisions specified for the purposes of subsection (1)(a) are—

(a) the revocation of an operating licence under section 19;

(b) a deemed determination under section 32 (5) that a person is not suitable to be an owner or officer of a club;

(d) a deemed determination under section 35 that an individual is not suitable to be an officer of a club;

(e) the making of an order under section 38 (disqualification) in respect of a person;

(f) the suspension or revocation of an operating licence under paragraph 9 of Schedule 9.

(4) But a person may not appeal to the Tribunal against a reviewable decision listed in subsection (3) if—

(a) an applicable reviewer has been requested to review that decision under section 82 (whether or not by the person), and

(b) the applicable reviewer has not made a decision or deemed decision on that review.

(5) A person appeals to the Tribunal under subsection (2) by sending the Tribunal a notice of appeal in accordance with Tribunal Procedure Rules.

(6) The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in Part 5B of the Tribunal Procedure Rules.

(7) An appeal under subsection (2) does not suspend the effect of the decision to which the appeal relates except so far as a direction suspending the effect of the decision is given by the Tribunal.

(8) But the Tribunal may not give a direction suspending the effect of the decision in relation to—

(a) a decision of the IFR listed in section 82 (8), or

(b) a decision or deemed decision of an applicable reviewer in respect of a reviewable decision listed in section 82 (8).

(9) An appeal lies to the Court of Appeal on any point of law arising from a decision of the Tribunal on an appeal under this section.

(10) An appeal under subsection (9) requires the permission of the Tribunal or the Court of Appeal.

Proceedings before the Competition Appeal Tribunal

85

(1) The Tribunal must determine any appeal under section 84 (1) in relation to—

(a) a reviewable decision listed in section 84 (3), or

(b) a decision or deemed decision of an applicable reviewer under section 83 (2) in respect of a reviewable decision listed in section 84 (3),

on the merits by reference to the grounds of appeal set out in the notice of appeal.

(2) The Tribunal must determine any other appeal under section 84 (1) by applying the same principles as would be applied by the High Court in determining proceedings on judicial review.

(3) Where subsection (1) applies in relation to an appeal, the Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—

(a) remit the matter to the IFR or the applicable reviewer (as the case may be),

(b) take such other steps as the IFR or the applicable reviewer could have taken, or

(4) Where subsection (2) applies in relation to an appeal, the Tribunal—

(a) may dismiss the appeal or quash the whole or part of the decision to which it relates, and

(b) may, where it quashes the whole or part of that decision, remit the matter to the IFR with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

(5) In subsection (1), the reference to a deemed decision of an applicable reviewer is to a decision that the applicable reviewer is treated as having made by virtue of section 82 (5)(b) or 83 (6)(a).

Part 10 — General

Disclosure of information

Disclosure of information by the IFR

86

(1) The IFR may disclose information held in connection with its functions under this Act to—

(a) a person specified in subsection (2), for the purpose of facilitating the exercise of that person’s functions;

(b) a person specified in subsection (3), for a purpose connected with the exercise of the IFR’s functions under this Act.

(2) The persons specified for the purposes of subsection (1)(a) are—

(a) HMRC;

(b) the Secretary of State;

(d) the Financial Conduct Authority;

(e) the National Crime Agency;

(f) the Serious Fraud Office;

(g) the Sports Grounds Safety Authority.

(3) The persons specified for the purposes of subsection (1)(b) are—

(a) the Football Association;

(b) the Football Association Premier League Limited, a company incorporated in England and Wales (company number 02719699);

(d) the Football Conference Limited, a company incorporated in England and Wales (company number 03364308);

(e) the Football League Limited, a company incorporated in England and Wales (company number 00080612);

(f) the Women’s Professional Leagues Limited, a company incorporated in England and Wales (company number 15675947).

(4) A disclosure of information under this section—

(a) does not breach any obligation of confidence owed by the IFR, and

(b) does not breach any other restriction on the disclosure of information (however imposed) (but see section 88 (2)).

(5) Information disclosed under subsection (1) must not be—

(a) used for a purpose other than the purpose mentioned in subsection (1)(a) or (b) (as the case may be), or

(b) further disclosed,

except where the use or disclosure is required by another enactment or is made in pursuance of a court order.

(6) The Secretary of State may by regulations amend subsection (2) or (3) to add, remove or vary a reference to a person.

Disclosure of information to the IFR etc

87

(1) HMRC may disclose information to a person to whom subsection (2) applies for the purpose of facilitating the exercise of the functions that person has under, or by virtue of, this Act.

(2) This subsection applies to—

(a) the IFR;

(b) a trustee appointed by an order under section 43;

(3) The disclosure of information to a person to whom subsection (2) applies in accordance with any provision made by or under this Act—

(a) does not breach any obligation of confidence owed by the person making the disclosure, and

(b) does not breach any other restriction on the disclosure of information (however imposed) (but see section 88 (2)).

(4) The Secretary of State may by regulations make provision for, and in connection with, conferring functions on a public authority relating to the disclosure of information by that authority to a person to whom subsection (2) applies for the purpose of facilitating the exercise of the functions that person has under, or virtue of, this Act.

(5) In subsection (4), “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

(6) Regulations under subsection (4) may amend, repeal or revoke provision made by or under an Act whenever passed or made (including provision made by or under this Act).

Restrictions on the disclosure of information

88

(1) Subsection (2) applies to a duty or power to process information imposed or conferred by or under this Act.

(2) A duty or power to which this subsection applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

(3) Subsections (4) and (5) apply to a duty or power to publish, or otherwise disclose, information imposed or conferred by or under this Act.

(4) A person to whom section 87 (2) applies must exclude information from disclosure under a duty or power to which this subsection applies if it is—

(a) information the disclosure of which might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or

(b) information received (directly or indirectly) from, or that relates to, the National Crime Agency, unless the National Crime Agency consents to that disclosure.

(5) A person to whom section 87 (2) applies may exclude from disclosure under a duty or power to which this subsection applies information the disclosure of which the person considers might significantly harm the legitimate personal or business interests of the person to whom the information relates.

(6) HMRC information may not be disclosed by a person to whom section 87 (2) applies unless HMRC consents to the disclosure.

(7) If a person to whom section 87 (2) applies discloses HMRC information, the information must not be disclosed by the recipient, or by any person obtaining the information directly or indirectly from the recipient, unless HMRC consents to the disclosure.

(8) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

“HMRC information” means information disclosed under section 87 (1) or information that is otherwise received by a person to whom section 87 (2) applies (directly or indirectly) from, or that relates to, HMRC.

Information offences

89

Wrongful disclosure 1 A person commits an offence if the person discloses information in contravention of section 86 (5)(b).

Wrongful disclosure of revenue and customs information 2 A person commits an offence if the person, in contravention of section 88 (6) or (7), discloses any revenue and customs information relating to a person whose identity— a is specified in the disclosure, or b can be deduced from it.

Supplementary 3 It is a defence for a person charged with an offence under subsection (1) or (2) to prove that the person reasonably believed— a that the disclosure was lawful, or b that the information had already and lawfully been made available to the public. 4 A person guilty of an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both; b on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both. 5 Subsections (4) and (5) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under subsection (2) as they apply to an offence under that section. 6 In this section, “revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005.

Rules and regulations

Rules

90

(1) The IFR may make rules containing provision that supplements, or that gives effect to, any provision made by this Act (except provision in Schedule 4).

(2) Subsections (3) to (7) apply in relation to rules made by the IFR under any provision of this Act.

(3) Rules made by the IFR may—

(a) confer a discretion on a person;

(b) make different provision for different purposes (including in relation to different clubs or different persons);

(4) The IFR may amend, replace or revoke any rule made by the IFR.

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

(a) each specified competition organiser, and

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

(6) Subsection (5) does not apply in relation to—

(a) amendments to or replacements of rules, if the IFR considers the changes to be minor;

(b) levy rules, or to amendments to or replacements of levy rules (see section 54 (1) to (3) for provision about consultation before the making of levy rules);

(c) revenue rules, or to amendments to or replacements of revenue rules (see paragraph 12 (3) and (5) of Schedule 9 for provision about consultation before the making of revenue rules).

(7) As soon as reasonably practicable after making, amending or replacing rules, the IFR must—

(a) publish the rules, and

(b) notify the Secretary of State.

(8) Any provision in this Act that permits or requires the IFR to make provision in rules is without prejudice to the generality of subsection (1).

Regulations

91

(1) Regulations under this Act may—

(a) confer a discretion on a person;

(b) make different provision for different purposes;

(2) Regulations under this Act are to be made by statutory instrument.

(3) A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a) regulations under—

(i) section 2 (3);

(ii) section 22 (5);

(iii) section 56 (2)(b);

(iv) section 86 (6);

(v) section 87 (4);

(vi) section 92 (3);

(vii) paragraph 16 of Schedule 1;

(viii) paragraph 23 (3) of Schedule 2;

(ix) paragraph 15 of Schedule 9;

(b) regulations under any other provision of this Act that amend or repeal provision made by an Act.

(4) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) If a draft of an instrument containing regulations under this Act would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

(6) This section does not apply to regulations under section 100.

Definitions etc

Minor definitions etc

92

(1) In this Act—

“Bank of England base rate” means— the percentage rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent percentage rate determined by the Treasury under that section;

“business premises” means premises (or any part of premises) not used as a dwelling;

“conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudicially affect the discharge by the person of the person’s functions;

“the financial resources threshold requirement” means the threshold requirement in paragraph 2 of Schedule 4;

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