Football Governance Act 2025

24 Commitments in lieu of financial discretionary licence conditions E+W

(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).

Commencement Information

I1 S. 24 in force at Royal Assent for specified purposes, see s. 100(2)(g)