Part 3

Operating licences

Licence conditions

Procedure for attaching or varying financial discretionary licence conditions
23
1
This section applies to a discretionary licence condition relating to—
a
the financial resources threshold requirement, or
b
the advancement of the IFR’s systemic financial resilience objective.
2
Before attaching or varying a discretionary licence condition to which this section applies, the IFR must give a notice about the proposed condition or variation to—
a
the club, and
b
the specified competition organiser which organises a specified competition in relation to which a relevant team is operated by the club.
3
The notice must—
a
give details of the proposed condition or variation,
b
explain why the IFR is proposing to attach the condition or make the variation,
c
invite—
i
the club and the specified competition organiser to make representations about the proposed condition or variation, and
ii
the specified competition organiser to give a commitment to take action in lieu of the proposed condition or variation, and
d
specify the means by which, and the period within which, such representations must be made or such a commitment must be given.
4
The period specified in the notice for making representations or giving a commitment must be a period of not less than 14 days beginning with the day on which the notice is given.
5
The IFR must—
a
have regard to any representations which are duly made, and
b
where the specified competition organiser gives a commitment mentioned in subsection (3)(c)(ii) within the period specified in the notice, consider whether to accept that commitment.
6
This section does not apply where—
a
a club applies for a variation under section 21(7), or
b
the IFR considers that compliance with this section would jeopardise, or risk jeopardising, the IFR’s ability to advance one or more of its objectives.
S. 23 in force at Royal Assent for specified purposes, see s. 100(2)(g)