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Act of Parliament

Football Governance Act 2025

Citation
2025 c. 21
As at
Sections
217
Section 1Purpose and overview

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

(2) For that purpose—

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

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

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

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

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

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

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

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

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

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

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

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

Section 2Key definitions

(1) In this Act—

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

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

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

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

“ football ” means association football;

“ the IFR ” means the Independent Football Regulator;

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

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

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

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

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

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

“ team ” means a football team.

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

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

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

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

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

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

(i) the IFR,

(ii) the Football Association, and

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

(c) must publish and lay before Parliament a report on the outcome of the assessment.

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

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

Section 3Meaning of “owner” etc

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

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

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

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

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

(i) is the same as another owner, and

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

Section 4Meanings of “officer” and “senior manager” etc

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

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

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

in relation to a limited partnership, the person is a general partner as defined by section 3 of the Limited Partnerships Act 1907;

in relation to any other partnership, the person is a member of the partnership

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

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

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

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

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

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

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

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

(5) For the purposes of this Act—

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

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

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

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

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

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

Section 5Establishment of the IFR

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

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

Section 6The IFR’s objectives

The IFR’s objectives are—

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

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

(c) to safeguard the heritage of English football (referred to in this Act as “ the heritage objective ”).

Section 7The IFR’s general duties etc

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

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

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

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

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

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

(c) adverse effects on the financial growth of, or financial investment in, English football.

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

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

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

(c) the most recent football governance statement published by the Secretary of State (see section 11 );

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

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

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

Section 8The IFR’s regulatory principles

The IFR’s regulatory principles are that—

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

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

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

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

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

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

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

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

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

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

Section 9Transfer schemes

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

Section 10State of the game report

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

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

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

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

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

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

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

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

(a) publish a notice—

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

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

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

(c) consult the following about the draft report—

(i) the Football Association;

(ii) each specified competition organiser;

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

Section 11Football governance statement

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

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

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

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

(a) a Parliamentary general election has taken place,

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

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

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

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

Section 12Guidance published by the IFR

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

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

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

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

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

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

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

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

Section 13Guidance published by the Secretary of State

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

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

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

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

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

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

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

(a) guidance under this section, or

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

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

Section 14Annual report

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

(2) The report must include—

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

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

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

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

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

(b) each successive period of 12 months.

Section 15Operating licences

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

(a) a provisional operating licence, or

(b) a full operating licence.

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

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

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

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

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

(5) An operating licence must specify—

(a) the club to which it relates,

(b) each relevant team operated by the club,

(c) the conditions attached to the licence by the IFR under section 20 ,

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

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

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

Section 16Application for provisional operating licence

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

(2) The IFR must specify in rules—

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

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

(3) An application must be accompanied by—

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

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

(c) such other information and documents as may be specified by the IFR in rules.

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

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

(b) identifying the club’s ultimate owner,

(c) setting out the job title of, or a description of the role performed by, each of the club’s officers, and

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

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

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

(i) the proposed operation of the club,

(ii) the estimated costs of that operation,

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

(iv) the source of such funding, and

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

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

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

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

Section 17Grant of provisional operating licence

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

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

(a) operate a relevant team,

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

(c) comply with sections 45 to 53 (duties on clubs).

(3) The IFR—

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

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

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

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

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

(c) inviting the club to make representations about the proposed refusal, and

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

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

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

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

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

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

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

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

(9) The IFR must specify in rules—

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

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

(c) the maximum period for which that period may be extended.

Section 18Grant of full operating licence

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

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

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

(2) The IFR—

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

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

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

(a) the IFR is satisfied that the club—

(i) is operating a relevant team,

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

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

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

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

(a) stating that it proposes to—

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

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

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

(c) inviting the club to make representations about the proposed action, and

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

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

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

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

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

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

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

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

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

Section 19Revocation and cessation of operating licence

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

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

(b) the IFR considers that—

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

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

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

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

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

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

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

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

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

Section 20Mandatory licence conditions

Schedule 5 —

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

(b) makes provision about those conditions.

Section 21Discretionary licence conditions

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

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

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

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

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

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

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

the threshold requirements;

(c) in the case of a provisional or full operating licence, advance the IFR’s systemic financial resilience objective.

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

(a) either—

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

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

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

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

(6) The IFR must—

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

(b) notify the club concerned about the removal.

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

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

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

Section 22Scope of powers to attach or vary discretionary licence conditions

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

(a) relate to debt management,

(b) relate to liquidity requirements,

(c) restrict the club’s overall expenditure, or

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

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

(a) internal controls,

(b) risk management, or

(c) financial reporting.

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

(a) relate to debt management,

(b) relate to liquidity requirements, or

(c) restrict the club’s overall expenditure.

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

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

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

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

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

(a) all regulated clubs,

(b) each specified competition organiser, and

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

Section 23Procedure for attaching or varying financial discretionary licence conditions

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

(a) the financial resources threshold requirement, or

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

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

(a) the club, and

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

(3) The notice must—

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

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

(c) invite—

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

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

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

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

(5) The IFR must—

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

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

(6) This section does not apply where—

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

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

Section 24Commitments in lieu of financial discretionary licence conditions

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

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

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

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

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

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

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

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

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

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

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

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

(a) the commitment is no longer necessary,

(b) the commitment is no longer effective, or

(c) the specified competition organiser has failed to comply with the commitment.

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

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

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

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

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

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

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

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

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

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

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

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

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

(12) The IFR must keep under review—

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

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

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

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

Section 25Procedure for attaching or varying other discretionary licence conditions

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

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

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

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

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

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

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

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

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

(4) This section does not apply where—

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

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

Section 26Part 4 : overview and interpretation

(1) This Part makes provision—

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

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

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

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

(3) Sections 33 to 36 —

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

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

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

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

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

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

(c) making an order removing the person as an owner of a club.

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

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

(a) has the requisite honesty and integrity, and

(b) is financially sound.

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

(a) has the requisite honesty and integrity,

(b) has the requisite competence, and

(c) is financially sound.

Section 27Duties to notify IFR of prospective new owner or officer

(1) A person who—

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

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

must notify the IFR of that fact.

(2) An individual who—

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

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

must notify the IFR of that fact.

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

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

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

(4) In this section—

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

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

(5) A notification under this section must—

(a) identify the prospective owner or officer,

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

(c) in relation to a prospective officer, state—

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

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

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

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

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

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

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

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

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

Section 28Determination of suitability required for new owner

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

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

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

(i) the proposed operation of the club;

(ii) the estimated costs of that operation;

(iii) how those costs are to be funded;

(iv) the source of such funding;

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

(c) may make provision about the manner and form in which an application is to be made.

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

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

(a) the IFR considers that the applicant—

(i) meets the individual ownership fitness criteria, and

(ii) has sufficient financial resources, and

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

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

(6) The IFR—

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

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

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

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

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

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

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

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

(b) publish the determination.

Section 29Determination of suitability required for new officer

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

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

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

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

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

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

(4) The IFR—

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

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

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

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

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

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

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

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

(b) publish the determination.

Section 30Becoming an owner or officer without a determination

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) Where—

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

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

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

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

Section 31Opportunity to make representations about proposed negative determinations

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

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

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

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

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

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

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

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

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

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

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

Section 32Determinations under sections 28 and 29 : time limits

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

(2) The determination period is—

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

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

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

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

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

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

Section 33Duties to notify IFR of change in circumstances relating to incumbent owner or officer

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

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

(3) A notification under this section must—

(a) identify the owner or officer in question,

(b) explain the material change in circumstances, and

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

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

Section 34Incumbent owners

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) Subsection (10) applies if—

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

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

(c) in a case within subsection (8) , the IFR does not make both of the findings mentioned in subsections (5) and (6) .

(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.

Section 35Incumbent officers

(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.

Section 36Opportunity to make representations about proposed negative findings

(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

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

Section 37Matters relevant to determinations

(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.

Section 38Disqualification orders

(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,

(c) inviting the person and the club to make representations about the proposed order, and

(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) .

Section 39Removal directions: owners

(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.

Section 40Removal directions: officers

(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.

Section 41Directions relating to unsuitable owners and officers

(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;

(c) making changes to the corporate structure 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;

(c) may be varied or revoked by a further 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.

Section 42Orders and directions effecting alternative officer arrangements

(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;

(c) may be varied or revoked by a further 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;

(c) may be varied or revoked by a further 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) .

Section 43Ownership removal orders

(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 ,

(c) P fails without reasonable excuse to comply with a direction given to P under section 41 , or

(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.

Section 44Orders under section 43 : procedure, costs and liabilities

(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,

(c) inviting the making of representations about the proposed order, and

(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

(c) may be varied or revoked by a further order.

(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 ).

Section 45Duty not to operate a team in relation to a prohibited competition

(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,

(c) inviting the competition organiser to make representations about the proposed action, and

(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.

Section 46Duty not to dispose etc of home ground without approval

(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.

Section 47Duty not to appoint administrator without approval

(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.

Section 48Duty not to relocate without approval

(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) .

Section 49Duty not to change crest, home shirt colours or name without approval

(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.

Section 50Duty to notify of changes in circumstances relevant to the IFR’s functions

(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.

217 sections

Cite this legislation

Football Governance Act 2025 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-2025-21

Contains public sector information licensed under the Open Government Licence v3.0.

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