Section 18
1The threshold requirements are—
(a)the financial resources threshold requirement (see paragraph 2),
(b)the non-financial resources threshold requirement (see paragraph 3), and
(c)the fan engagement threshold requirement (see paragraph 4).
Commencement Information
I1Sch. 4 para. 1 in force at Royal Assent for specified purposes, see s. 100(2)(g)
2(1)The financial resources threshold requirement is met, in relation to a club, if the financial resources of the club are appropriate in relation to the activities the club carries on or seeks to carry on.
(2)In considering whether a club has appropriate financial resources, the IFR may have regard to (among other things)—
(a)the corporate structure of the club and, where the club is part of a group, the group;
(b)the club’s latest financial plan (see paragraph 2 of Schedule 5), including in particular—
(i)any financial risks identified in the plan, and
(ii)any plans described in the plan for managing those risks;
(c)the club’s strategic business plan (see section 16(5));
(d)the specified competition in relation to which a relevant team is operated by the club;
(e)any other competitions in relation to which a team is operated by the club;
(f)the club’s non-financial resources.
Commencement Information
I2Sch. 4 para. 2 in force at Royal Assent for specified purposes, see s. 100(2)(g)
3(1)The non-financial resources threshold requirement is met, in relation to a club, if the non-financial resources of the club are appropriate in relation to the activities the club carries on or seeks to carry on.
(2)In considering whether a club has appropriate non-financial resources, the IFR may have regard to (among other things)—
(a)the corporate structure of the club and, where the club is part of a group, the group;
(b)the qualifications, experience, training and performance of the club’s owners and officers;
(c)the club’s corporate governance arrangements, including the club’s latest corporate governance statement (see paragraph 4 of Schedule 5);
(d)the specified competition in relation to which a relevant team is operated by the club;
(e)any other competitions in relation to which a team is operated by the club;
(f)the club’s financial resources.
Commencement Information
I3Sch. 4 para. 3 in force at Royal Assent for specified purposes, see s. 100(2)(g)
4(1)The fan engagement threshold requirement is met, in relation to a club, if the club has adequate and effective means by which—
(a)the club consults its fans about the relevant matters, and
(b)the club takes the views of its fans into account in making decisions about the relevant matters.
(2)The relevant matters are matters relating to—
(a)the club’s strategic direction and objectives;
(b)the club’s business priorities;
(c)operational and match-day issues, including ticket pricing;
(d)the club’s heritage;
(e)the club’s plans relating to additional fan engagement.
(3)Matters that relate to the club’s heritage include matters relating to—
(a)the club’s home ground (within the meaning of section 46);
(b)any emblem or crest of a relevant team operated by the club;
(c)the predominant home shirt colours of a relevant team operated by the club;
(d)the name of a relevant team operated by the club.
(4)If the club is in relevant insolvency proceedings (within the meaning given by paragraph 13(3) of Schedule 1) sub-paragraph (1)(b) applies to the extent that the power to make decisions about the relevant matters remains exercisable by the club.
Commencement Information
I4Sch. 4 para. 4 in force at Royal Assent for specified purposes, see s. 100(2)(g)
5For the purposes of this Schedule—
(a)an undertaking (within the meaning of Part 1 of the Competition Act 1998) is part of a group if one or more bodies corporate which are comprised in the undertaking are members of the same group as one or more other bodies corporate;
(b)two or more bodies corporate are members of the same group if—
(i)one is the subsidiary of another, or
(ii)both are subsidiaries of the same body corporate;
(c)“subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
Commencement Information
I5Sch. 4 para. 5 in force at Royal Assent for specified purposes, see s. 100(2)(g)