Part 10General
Disclosure of information
86Disclosure of information by the IFR
(1)
The IFR may disclose information held in connection with its functions under this Act to—
(a)
a person specified in subsection (2), for the purpose of facilitating the exercise of that person’s functions;
(b)
a person specified in subsection (3), for a purpose connected with the exercise of the IFR’s functions under this Act.
(2)
The persons specified for the purposes of subsection (1)(a) are—
(a)
HMRC;
(b)
the Secretary of State;
(c)
the Welsh Ministers;
(d)
the Financial Conduct Authority;
(e)
the National Crime Agency;
(f)
the Serious Fraud Office;
(g)
the Sports Grounds Safety Authority.
(3)
The persons specified for the purposes of subsection (1)(b) are—
(a)
the Football Association;
(b)
the Football Association Premier League Limited, a company incorporated in England and Wales (company number 02719699);
(c)
the Football Association of Wales Limited, a company incorporated in England and Wales (company number 00213349);
(d)
the Football Conference Limited, a company incorporated in England and Wales (company number 03364308);
(e)
the Football League Limited, a company incorporated in England and Wales (company number 00080612);
(f)
the Women’s Professional Leagues Limited, a company incorporated in England and Wales (company number 15675947).
(4)
A disclosure of information under this section—
(a)
does not breach any obligation of confidence owed by the IFR, and
(b)
does not breach any other restriction on the disclosure of information (however imposed) (but see section 88(2)).
(5)
Information disclosed under subsection (1) must not be—
(a)
used for a purpose other than the purpose mentioned in subsection (1)(a) or (b) (as the case may be), or
(b)
further disclosed,
except where the use or disclosure is required by another enactment or is made in pursuance of a court order.
(6)
87Disclosure of information to the IFR etc
(1)
HMRC may disclose information to a person to whom subsection (2) applies for the purpose of facilitating the exercise of the functions that person has under, or by virtue of, this Act.
(2)
This subsection applies to—
(a)
the IFR;
(b)
a trustee appointed by an order under section 43;
(c)
an expert reporter appointed under section 66.
(3)
The disclosure of information to a person to whom subsection (2) applies in accordance with any provision made by or under this Act—
(a)
does not breach any obligation of confidence owed by the person making the disclosure, and
(b)
does not breach any other restriction on the disclosure of information (however imposed) (but see section 88(2)).
(4)
The Secretary of State may by regulations make provision for, and in connection with, conferring functions on a public authority relating to the disclosure of information by that authority to a person to whom subsection (2) applies for the purpose of facilitating the exercise of the functions that person has under, or virtue of, this Act.
(5)
In subsection (4), “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.
(6)
Regulations under subsection (4) may amend, repeal or revoke provision made by or under an Act whenever passed or made (including provision made by or under this Act).
88Restrictions on the disclosure of information
(1)
Subsection (2) applies to a duty or power to process information imposed or conferred by or under this Act.
(2)
A duty or power to which this subsection applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).
(3)
(4)
A person to whom section 87(2) applies must exclude information from disclosure under a duty or power to which this subsection applies if it is—
(a)
information the disclosure of which might prejudice the prevention or detection of crime or the investigation or prosecution of an offence, or
(b)
information received (directly or indirectly) from, or that relates to, the National Crime Agency, unless the National Crime Agency consents to that disclosure.
(5)
A person to whom section 87(2) applies may exclude from disclosure under a duty or power to which this subsection applies information the disclosure of which the person considers might significantly harm the legitimate personal or business interests of the person to whom the information relates.
(6)
HMRC information may not be disclosed by a person to whom section 87(2) applies unless HMRC consents to the disclosure.
(7)
If a person to whom section 87(2) applies discloses HMRC information, the information must not be disclosed by the recipient, or by any person obtaining the information directly or indirectly from the recipient, unless HMRC consents to the disclosure.
(8)
In this section—
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
“HMRC information” means information disclosed under section 87(1) or information that is otherwise received by a person to whom section 87(2) applies (directly or indirectly) from, or that relates to, HMRC.
89Information offences
Wrongful disclosure
(1)
A person commits an offence if the person discloses information in contravention of section 86(5)(b).
Wrongful disclosure of revenue and customs information
(2)
A person commits an offence if the person, in contravention of section 88(6) or (7), discloses any revenue and customs information relating to a person whose identity—
(a)
is specified in the disclosure, or
(b)
can be deduced from it.
Supplementary
(3)
It is a defence for a person charged with an offence under subsection (1) or (2) to prove that the person reasonably believed—
(a)
that the disclosure was lawful, or
(b)
that the information had already and lawfully been made available to the public.
(4)
A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both.
(5)
Subsections (4) and (5) of section 19 of the Commissioners for Revenue and Customs Act 2005 apply to an offence under subsection (2) as they apply to an offence under that section.
(6)
In this section, “revenue and customs information relating to a person” has the same meaning as in section 19 of the Commissioners for Revenue and Customs Act 2005.
Rules and regulations
90Rules
(1)
The IFR may make rules containing provision that supplements, or that gives effect to, any provision made by this Act (except provision in Schedule 4).
(2)
(3)
Rules made by the IFR may—
(a)
confer a discretion on a person;
(b)
make different provision for different purposes (including in relation to different clubs or different persons);
(c)
make consequential, supplementary, incidental, transitional or saving provision.
(4)
The IFR may amend, replace or revoke any rule made by the IFR.
(5)
Before making, amending or replacing rules, the IFR must consult—
(a)
each specified competition organiser, and
(b)
such other persons as the IFR considers appropriate.
(6)
Subsection (5) does not apply in relation to—
(a)
amendments to or replacements of rules, if the IFR considers the changes to be minor;
(b)
levy rules, or to amendments to or replacements of levy rules (see section 54(1) to (3) for provision about consultation before the making of levy rules);
(c)
revenue rules, or to amendments to or replacements of revenue rules (see paragraph 12(3) and (5) of Schedule 9 for provision about consultation before the making of revenue rules).
(7)
As soon as reasonably practicable after making, amending or replacing rules, the IFR must—
(a)
publish the rules, and
(b)
notify the Secretary of State.
(8)
Any provision in this Act that permits or requires the IFR to make provision in rules is without prejudice to the generality of subsection (1).
91Regulations
(1)
Regulations under this Act may—
(a)
confer a discretion on a person;
(b)
make different provision for different purposes;
(c)
make consequential, supplementary, incidental, transitional or saving provision.
(2)
Regulations under this Act are to be made by statutory instrument.
(3)
A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
(a)
regulations under—
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(b)
regulations under any other provision of this Act that amend or repeal provision made by an Act.
(4)
Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(5)
If a draft of an instrument containing regulations under this Act would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
(6)
This section does not apply to regulations under section 100.
Definitions etc
92Minor definitions etc
(1)
In this Act—
“Bank of England base rate” means—
(a)
the percentage rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
(b)
where an order under section 19 of the Bank of England Act 1998 is in force, any equivalent percentage rate determined by the Treasury under that section;
“business premises” means premises (or any part of premises) not used as a dwelling;
“conflict of interest”, in relation to a person, means a financial or other interest which is likely to prejudicially affect the discharge by the person of the person’s functions;
“the financial resources threshold requirement” means the threshold requirement in paragraph 2 of Schedule 4;
“the Football Association” means the Football Association Limited, a company incorporated in England and Wales (company number 00077797);
“football season” means a period—
(a)
beginning with the day in a particular year on which the first match of any specified competition is played, and
(b)
ending with the day in the following year on which the final match of any specified competition is played;
“HMRC” means the Commissioners for His Majesty’s Revenue and Customs;
“information” includes—
(a)
information in the form of a document, whether in draft or in final form;
(b)
information in any other form;
“the non-financial resources threshold requirement” means the threshold requirement in paragraph 3 of Schedule 4;
“registered society” means a registered society as defined by section 1 of the Co-operative and Community Benefit Societies Act 2014;
“the Tribunal” means the Competition Appeal Tribunal;
“Tribunal Procedure Rules” means rules made under section 15 of the Enterprise Act 2002.
(2)
In this Act, “serious criminal conduct” means conduct which—
(a)
amounts to the commission of an offence specified, or falling within a description specified, in Part 1 of Schedule 1 to the Serious Crime Act 2007, or
(b)
would amount to the commission of such an offence if done in England and Wales.
(3)
The Secretary of State may by regulations amend this section so as to change the definition of “serious criminal conduct” in subsection (2).
(4)
Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(5)
Any notification required to be given by or under this Act must be given in writing.
93Index of defined terms
Schedule 11 sets out terms defined by this Act for the purposes of more than one provision.
General
94Pre-commencement consultation
(1)
This section applies in relation to—
(a)
a provision of this Act which requires the IFR to consult another person;
(b)
the provision made by section 10(5)(a) and (b).
(2)
If, before the provision came into force (and whether before or after the passing of this Act), the Secretary of State or the IFR (as the case may be) did anything which would have satisfied the requirements of the provision to any extent if—
(a)
in the case of anything done by the Secretary of State, the provision had been in force and the thing had been done by the IFR, or
(b)
in the case of anything done by the IFR, the provision had been in force,
the IFR may elect for subsection (3) to apply.
(3)
Where this subsection applies, requirements on the IFR under the provision must be treated as satisfied to that extent.
95Offences by officers of clubs and bodies corporate
(1)
If an offence under this Act committed by a club, or a body corporate other than a club, is proved—
(a)
to have been committed with the consent or connivance of an officer of the club or of the body corporate, or
(b)
to be attributable to neglect on the part of an officer of the club or of the body corporate,
the officer (as well as the club or the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)
If the affairs of a body corporate other than a club are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.
(3)
In this section, “officer”, in relation to a body corporate other than a club, means—
(a)
where the body is a company, a director of the body;
(b)
in any other case, an officer of the body whose functions correspond to those of a director of a company.
96Review of Act
(1)
The Secretary of State must—
(a)
carry out a review of the operation and effect of this Act,
(b)
set out the conclusions of the review in a report,
(c)
publish the report, and
(d)
lay a copy of the report before Parliament.
(2)
The report must be published before the end of the period of five years beginning with the day on which section 15 comes fully into force.
(3)
The report must, in particular—
(a)
assess the extent to which the objectives intended to be achieved by this Act have been achieved,
(b)
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved more effectively in any other way (for example if the IFR could delegate its functions to persons other than those listed in paragraph 18(1) of Schedule 2),
(c)
assess the impact of this Act and the IFR’s actions on football in England and Wales,
(d)
assess the interaction between this Act and the rules, requirements and restrictions imposed by competition organisers and whether that interaction is appropriate, and
(e)
assess whether the appropriate competitions are specified under section 2(3), including whether a competition that is not specified should be specified.
(4)
In carrying out the review, the Secretary of State must have regard to—
(a)
the purpose of the Act (see section 1);
(b)
the IFR’s objectives (see section 6);
(c)
the IFR’s general duties (see section 7);
(d)
the IFR’s regulatory principles (see section 8);
(e)
any state of the game report published by the IFR (see section 10);
(f)
any annual report submitted to the Secretary of State by the IFR (see section 14).
(5)
Before publishing the report, the Secretary of State must prepare a draft report and consult the following about the draft report—
(a)
the IFR,
(b)
the Football Association,
(c)
each specified competition organiser, and
(d)
such other persons as the Secretary of State considers appropriate.
97Payments into the Consolidated Fund
(1)
The IFR must pay into the Consolidated Fund any amounts received by it under section 53 (levy) that are attributable to—
(a)
the recovery of the IFR’s initial costs, or
(b)
the Secretary of State’s establishment costs.
(2)
The IFR must, in respect of each financial year, pay to the Secretary of State its relevant receipts after deducting its litigation costs in respect of that year.
(3)
The IFR’s “relevant receipts”, in respect of a financial year, are any amounts received by it during the year that are attributable to—
(a)
any interest payable on an amount of levy by virtue of section 53(7),
(b)
any penalty imposed under paragraph 3 or 6 of Schedule 9, or
(c)
any interest payable on any such penalty under paragraph 13 of that Schedule.
(4)
The IFR’s “litigation costs” in respect of a financial year are the costs incurred by it during the year in connection with litigation.
(5)
The Secretary of State may give a direction to the IFR as to how the IFR is to comply with its duty under subsection (2).
(6)
A direction under subsection (5) may in particular—
(a)
specify descriptions of costs that are, or are not, to be regarded as incurred in connection with litigation for the purposes of subsection (4),
(b)
relate to the calculation and timing of the deduction in respect of the IFR’s litigation costs, and
(c)
specify the time when any payment is required to be made to the Secretary of State.
(7)
A direction under subsection (5) may also require the IFR, at times specified in the direction, to provide the Secretary of State with information specified in the direction relating to costs incurred by the IFR in connection with litigation.
(8)
The Secretary of State must pay into the Consolidated Fund any amounts received under subsection (2).
(9)
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;
“the IFR’s initial costs” and “the Secretary of State’s establishment costs” have the same meaning as in section 53.
98Minor and consequential amendments
(1)
Schedule 12 makes minor and consequential amendments.
(2)
The Secretary of State may by regulations make provision that is consequential on this Act.
(3)
Regulations under this section may amend, repeal or revoke provision made by or under an Act passed—
(a)
before this Act, or
(b)
later in the same session of Parliament as this Act.
99Extent
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
Any amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
(3)
His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or to the Isle of Man.
100Commencement
(1)
Subject to subsection (2), this Act comes into force on such day or days as the Secretary of State may by regulations appoint.
(2)
This section and the following provisions come into force on the day on which this Act is passed—
(a)
Part 1 (and Schedule 1);
(c)
paragraph 7 of Schedule 5 (and section 20 so far as relating to that paragraph);
(d)
sections 88 and 90 to 94 (and Schedule 11);
(e)
paragraphs 1 to 4 and 9 of Schedule 12 (and section 98(1) so far as relating to those paragraphs);
(g)
any other provision of this Act so far as it—
(i)
confers power to make regulations,
(ii)
imposes a duty or confers power to make rules, or
(iii)
is otherwise necessary for enabling the exercise of a duty or power within sub-paragraph (i) or (ii) on or after the day on which this Act is passed.
(3)
Regulations under subsection (1) may appoint different days for different purposes.
(4)
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
(5)
Regulations under subsection (4) may make different provision for different purposes.
(6)
Regulations under this section are to be made by statutory instrument.
101Short title
This Act may be cited as the Football Governance Act 2025.