Part 7

Investigatory powers etc

Information gathering

Power to require information
65
1
The IFR may give a person a notice (an “information notice”) requiring the person to give specified information to the IFR where the IFR considers that the information is necessary for the purpose of exercising the IFR’s functions under this Act.
2
An information notice must—
a
explain why the IFR requires the information;
b
state the time by which, or the frequency with which, the information must be given to the IFR;
c
state the place at which, or the manner (which may be remote) in which, the information must be given to the IFR;
d
state the form in which the information must be given to the IFR;
e
include information about the possible consequences under Part 8 of not complying with the notice.
3
The power under this section to require a person to give information to the IFR includes the power to—
a
take copies of or extracts from the information given to the IFR;
b
require the person to obtain or generate information for the purpose of giving that information to the IFR;
c
require the person to collect or retain information that they would not otherwise collect or retain for the purpose of giving that information to the IFR;
d
if any specified information is not given to the IFR, require the person to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the IFR.
4
In this section, “specified” means—
a
specified, or described, in the information notice, or
b
falling within a category which is specified, or described, in the information notice.

Reports on clubs by expert reporters
66

Appointment of an expert reporter
1
The IFR may appoint a person (“an expert reporter”) to prepare, and provide the IFR with, a report in relation to a regulated club on any matter where the IFR considers that a report on the matter is necessary for the purpose of exercising the IFR’s functions under this Act.
2
Where the IFR appoints an expert reporter the IFR must give the club concerned a notice—
a
stating the name of the expert reporter;
b
giving details of the matter on which the report is to be prepared;
c
including information about the possible consequences under Part 8 of failing to co-operate with or assist, or otherwise obstructing, the expert reporter in the preparation of the report.
3
An expert reporter must be a person appearing to the IFR—
a
to have the skills necessary to provide a report on the matter concerned, and
b
not to have a conflict of interest.

Exercise of powers by an expert reporter
4
An expert reporter may by notice require a person to give specified information to the expert reporter where the expert reporter considers that the information is necessary for the purpose of preparing a report under this section.
5
A notice under subsection (4) must—
a
explain why the expert reporter requires the information;
b
state the time by which, or the frequency with which, the specified information must be given to the expert reporter;
c
state the place at which, or the manner (which may be remote) in which, the information must be given to the expert reporter;
d
state the form in which the information must be given to the expert reporter;
e
include information about the possible consequences under Part 8 of—
i
not complying with the notice, or
ii
failing to co-operate with or assist, or otherwise obstructing, the expert reporter in the preparation of the report.
6
The power under subsection (4) to require a person to give information to an expert reporter includes the power to—
a
take copies of or extracts from the information given to the expert reporter;
b
require the person to obtain or generate information for the purpose of giving that information to the expert reporter;
c
require the person to collect or retain information that they would not otherwise collect or retain for the purpose of giving that information to the expert reporter;
d
if any specified information is not given to the expert reporter, require the other person to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the expert reporter.

Supplementary
7
A person to whom an expert reporter gives a notice under subsection (4) and the club to which a report under this section relates—
a
must co-operate with the expert reporter in connection with the preparation of the report, and
b
must give the expert reporter such reasonable assistance as the expert reporter requests (including access to business premises, equipment, services, information and individuals) in connection with the preparation of the report.
8
In this section “specified” means—
a
specified or described in the notice under subsection (4), or
b
falling within a category which is specified or described in the notice.
9
The IFR may by rules make provision for—
a
costs incurred by it in relation to the appointment of a person under this section, or
b
expenses incurred by a person appointed under this section in connection with the preparation of a report under this section,
to be payable by the club concerned.

Investigations into relevant infringements

Meaning of “relevant infringement”
67
In this Act, references to a “relevant infringement” are to be construed in accordance with Schedule 7.

Investigations
68
1
The IFR may conduct an investigation where it has reasonable grounds for suspecting that a person has committed a relevant infringement.
2
Schedule 8 sets out the powers available to the IFR where it decides to conduct an investigation.
3
Where the IFR decides to conduct an investigation it must, as soon as reasonably practicable after making the decision, give a notice (an “investigation notice”) to the person it has reasonable grounds for suspecting to have committed a relevant infringement.
4
An investigation notice is a notice—
a
stating that the IFR has decided to conduct an investigation;
b
indicating the relevant infringement the IFR has reasonable grounds for suspecting to have been committed;
c
explaining the matter being investigated.
5
The IFR may delay giving an investigation notice if it considers that giving the notice would prejudice the investigation.
6
Where the IFR delays giving an investigation notice in accordance with subsection (5), it must give the investigation notice to the person concerned as soon as reasonably practicable after the IFR no longer considers that giving the notice would prejudice the investigation.

Outcomes of investigations
69
1
When the IFR conducts an investigation under section 68 into whether a person has committed a relevant infringement, the IFR must determine—
a
whether the person committed the infringement, and
b
if so, whether the person had a reasonable excuse for committing the infringement.
2
The IFR must give a person a closure notice where—
a
the IFR determines that the person has not committed the infringement, or
b
the IFR determines that the person has committed the infringement but is not minded to take any action as a result of that determination (whether because the person had a reasonable excuse for committing the infringement, or otherwise).
3
A closure notice is a notice—
a
stating the IFR’s determination, and
b
explaining the IFR’s determination.
4
Where the IFR has accepted a commitment from the person to whom an investigation relates (see section 70), this section does not apply in relation to the behaviour to which the commitment relates.
5
Part 8 contains provision about cases where the IFR determines that a person has committed a relevant infringement and is minded to take action as a result of that determination.

Commitments in lieu of investigations
70
1
Where an investigation under section 68 relates to a relevant infringement to which this section applies, the IFR may accept an appropriate commitment from the person to whom the investigation relates as to their behaviour in respect of the relevant infringement.
2
A commitment is “appropriate” if the IFR considers that the person’s compliance with the commitment would mean that it would not be necessary to carry out an investigation so far as relating to the behaviour to which the commitment relates.
3
Where the IFR accepts a commitment under this section—
a
subject to subsection (4), the IFR may not take action under Part 8 in respect of the relevant infringement, so far as relating to the behaviour, and
b
the person that gave the commitment must comply with it while it has effect.
4
But the acceptance of a commitment—
a
does not prevent an investigation from continuing so far as it relates to other behaviour in relation to the same or a different relevant infringement;
b
does not prevent the IFR beginning a new investigation in relation to the behaviour to which the commitment relates where the IFR has reasonable grounds to suspect that—
i
there has been a material change of circumstances since the commitment was accepted,
ii
the person has not complied with the commitment in any respect, or
iii
information which led it to accept the commitment was incomplete, false or misleading in a material particular.
5
This section applies to relevant infringements that are relevant infringements by virtue of any of the following provisions of Schedule 7—
a
paragraph 2(2)(a), (b), (e) or (h);
b
paragraph 2(3)(c) or (d);
c
paragraph 3(a) or (f);
d
paragraph 4(a) or (f);
e
paragraph 5, but only so far as the relevant infringement mentioned in sub-paragraph (1)(a) of that paragraph is a relevant infringement mentioned in paragraph (a) or (b) of this subsection;
f
paragraph 6(b), (c) or (f).
6
This section is without prejudice to the power of the IFR to attach or vary a discretionary licence condition to an operating licence that relates to behaviour in respect of a relevant infringement.

Section 70: supplementary
71
1
Where the IFR decides to accept, or not to accept, a commitment from a person under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—
a
including the commitment,
b
stating the relevant infringement to which the commitment relates,
c
stating that the IFR has accepted, or not accepted, the commitment, and
d
explaining why the IFR has accepted, or not accepted, the commitment.
2
A commitment accepted under section 70—
a
comes into force when notice of the IFR’s acceptance of it is given under subsection (1), and
b
ceases to have effect if under subsection (4) the person is released from the commitment.
3
The IFR may, from time to time, accept a variation to a commitment accepted under section 70 provided the commitment as varied would still be appropriate (and for that purpose subsections (1) and (2) apply in relation to a variation to a commitment as they apply in relation to the acceptance of a commitment).
4
The IFR may release a person from a commitment accepted under section 70 where it considers that it would be appropriate to do so.
5
Where the IFR decides to release a person from a commitment accepted under section 70 the IFR must, as soon as reasonably practicable after so deciding, give the person a notice—
a
stating that the IFR has released the person from the commitment, and
b
explaining why the IFR is releasing the person from the commitment.
6
The fact that a commitment under accepted section 70 ceases to have effect does not affect the exercise of any functions in relation to a failure, or possible failure, to comply with that commitment.
7
The IFR must keep under review—
a
the extent to which a person which gave a commitment accepted under section 70 is complying with it,
b
the appropriateness of such a commitment,
c
whether a person should be released from such a commitment (and whether a discretionary licence condition should be attached to an operating licence, or varied, instead), and
d
the appropriateness of taking action in accordance with Part 8 in respect of a person who fails to comply with such a commitment.
8
Where the IFR gives a person a notice under this section it may also publish that notice.

Duty to preserve information
72
1
A person who knows or suspects that an investigation under section 68 is being, or is likely to be, conducted must not, without reasonable excuse—
a
destroy or otherwise dispose of relevant information,
b
falsify or conceal relevant information, or
c
cause or permit the destruction, disposal, falsification or concealment of relevant information.
2
In subsection (1), “relevant information” means any information which the person knows or suspects is or would be relevant to the investigation.

General

Privileged communications
73
1
Nothing in this Part authorises the IFR, an officer of the IFR or an expert reporter to require a person to produce, generate or give to the IFR, an officer of the IFR or an expert reporter a privileged communication.
2
Nothing in this Part authorises the IFR, an officer of the IFR or an expert reporter to produce or take possession of, or take copies of or extracts from, a privileged communication (but see Part 2 of the Criminal Justice and Police Act 2001 for additional powers of seizure).
3
For the purposes of this section—
a
“privileged communication” means a communication—
i
between a professional legal adviser and their client, or
ii
made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege;
b
“expert reporter” means a person appointed under section 66.

Requirement to publish certain notices etc
74
Where the IFR gives a person—
a
an investigation notice under section 68, or
b
a closure notice under section 69,
it must, as soon as reasonably practicable after giving the notice, publish the notice.
S. 65 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 66 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 67 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 68 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 69 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 70 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 71 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 72 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 73 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 74 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 65 in force at 1.11.2025 in so far as not already in force by S.I. 2025/1134, reg. 2(a)
S. 66 in force at 1.11.2025 in so far as not already in force by S.I. 2025/1134, reg. 2(b)
S. 73 in force at 1.11.2025 in so far as not already in force by S.I. 2025/1134, reg. 2(c)
S. 67 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(b)(i)
S. 68 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(iii)
S. 69 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(v)
S. 70 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(b)(vi)
S. 71 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(vii)
S. 72 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(viii)
S. 74 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(b)(ix)