Part 4 E+W Owners and officers of regulated clubs: suitability etc

Introductory E+W

26 Part 4: overview and interpretation E+W

(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.

Commencement Information

I1 S. 26 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2 S. 26 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(i)

Persons who become owners or officers of regulated clubs E+W

27 Duties to notify IFR of prospective new owner or officer E+W

(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.

Commencement Information

I3 S. 27 in force at Royal Assent for specified purposes, see s. 100(2)(g)

28 Determination of suitability required for new owner E+W

(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.

Commencement Information

I4 S. 28 in force at Royal Assent for specified purposes, see s. 100(2)(g)

29 Determination of suitability required for new officer E+W

(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.

Commencement Information

I5 S. 29 in force at Royal Assent for specified purposes, see s. 100(2)(g)

30 Becoming an owner or officer without a determination E+W

(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.

Commencement Information

I6 S. 30 in force at Royal Assent for specified purposes, see s. 100(2)(g)

31 Opportunity to make representations about proposed negative determinations E+W

(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.

Commencement Information

I7 S. 31 in force at Royal Assent for specified purposes, see s. 100(2)(g)

32 Determinations under sections 28 and 29: time limits E+W

(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.

Commencement Information

I8 S. 32 in force at Royal Assent for specified purposes, see s. 100(2)(g)

Determinations relating to incumbent owners and officers E+W

33 Duties to notify IFR of change in circumstances relating to incumbent owner or officer E+W

(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.

Commencement Information

I9 S. 33 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I10 S. 33 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(ii)

34 Incumbent owners E+W

(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.

Commencement Information

I11 S. 34 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I12 S. 34 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(iii)

35 Incumbent officers E+W

(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.

Commencement Information

I13 S. 35 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I14 S. 35 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(iv)

36 Opportunity to make representations about proposed negative findings E+W

(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.

Commencement Information

I15 S. 36 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I16 S. 36 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(v)

Further provision about determinations E+W

37 Matters relevant to determinations E+W

(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.

Commencement Information

I17 S. 37 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I18 S. 37 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(vi)

Disqualification orders and enforcement E+W

38 Disqualification orders E+W

(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).

Commencement Information

I19 S. 38 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I20 S. 38 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(vii)

39 Removal directions: owners E+W

(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.

Commencement Information

I21 S. 39 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I22 S. 39 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(viii)

40 Removal directions: officers E+W

(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.

Commencement Information

I23 S. 40 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I24 S. 40 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(ix)

41 Directions relating to unsuitable owners and officers E+W

(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.

Commencement Information

I25 S. 41 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I26 S. 41 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(x)

42 Orders and directions effecting alternative officer arrangements E+W

(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).

Commencement Information

I27 S. 42 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I28 S. 42 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(xi)

43 Ownership removal orders E+W

(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.

Commencement Information

I29 S. 43 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I30 S. 43 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(xii)

44 Orders under section 43: procedure, costs and liabilities E+W

(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).

Commencement Information

I31 S. 44 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I32 S. 44 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(xiii)