Community Empowerment (Scotland) Act 2015

PART 7 FOOTBALL CLUBS

99 Facilitation of supporter involvement in football clubs

(1) The Scottish Ministers may by regulations make provision—

(a) to facilitate the involvement of the supporters of a football club in decisions affecting the management, operation or governance of the club (see section 100),

(b) to facilitate supporter ownership of football clubs (for example by conferring a right to buy, see section 101).

(2) Regulations under this section may provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property (or an interest in property) of any description.

(3) Before making regulations under this section, the Scottish Ministers must consult—

(a) such body or bodies as appear to them to be representative of the interests of football clubs, the leagues in which they play, their players and supporters, and

(b) such other persons as they consider appropriate.

100 Supporter involvement in decision-making

Regulations made under section 99(1)(a) may, in particular, make provision for or in connection with—

(a) the types of football club in relation to which the regulations are to apply,

(b) the steps that a person must take in order to be considered a supporter of a particular football club for the purposes of the regulations,

(c) the provision of information to supporters about the football club, including details about—

(i) how the club makes decisions affecting its management, operation or governance, and

(ii) how, and by whom, the club and any property connected with it is owned or held,

(d) the manner in which the supporters of a football club or a body or association representing the interests of such supporters are to be involved in decisions affecting the management, operation or governance of the club,

(e) the kinds of decisions affecting the management, operation or governance of a football club in respect of which the supporters of the club are to be involved,

(f) the consequences for a football club, or a person responsible for its management, operation or governance, of taking a decision affecting the management, operation or governance of the club (or otherwise acting) without involving the supporters of the club.

101 Supporter ownership

Regulations made under section 99(1)(b) may, in particular, make provision for or in connection with—

(a) the types of football club in relation to which the regulations are to apply,

(b) the things which the regulations may facilitate ownership of, including, in particular—

(i) any entity which owns, operates or controls a football club,

(ii) a shareholding or other interest in such an entity,

(iii) any asset (including any right or liability) of the football club or such an entity,

(c) the valuation of anything mentioned in paragraph (b),

(d) the circumstances which must exist, or conditions which must be satisfied, before any rights conferred under the regulations may be exercised,

(e) the steps that must be taken by supporters, or a body or association representing the interests of supporters, to exercise any rights conferred by the regulations,

(f) the provision of information to supporters about the football club, including details about how, and by whom, the club and any property connected with it is owned or held,

(g) requiring, restricting or preventing the sale or transfer of anything which is, or may become, subject to the rights conferred by the regulations,

(h) the consequences of selling or transferring anything which is, or may become, subject to the rights conferred by the regulations otherwise than in accordance with the regulations (including, in particular, reducing such a sale or transfer),

(i) the rights of creditors of the football club and other persons with an interest in the club,

(j) the resolution of disputes in connection with any rights conferred under the regulations,

(k) appeals in connection with any rights conferred under the regulations,

(l) the circumstances in which any right conferred under the regulations is or may be extinguished.