Part 3

Operating licences

Licence conditions

Commitments in lieu of financial discretionary licence conditions
24
1
This section applies where a specified competition organiser gives a commitment mentioned in section 23(3)(c)(ii) (commitment to take action in lieu of the proposed condition or variation).
2
The IFR may accept the commitment if it considers that—
a
compliance with the commitment by the specified competition organiser would mean that it would not be necessary to attach the proposed discretionary licence condition or make the proposed variation, and
b
accepting the commitment would not jeopardise, or risk jeopardising, the IFR’s ability to advance one or more of its objectives.
3
Where the IFR accepts a commitment under this section—
a
the IFR may not attach the proposed discretionary licence condition or make the proposed variation while the commitment is in force, and
b
the specified competition organiser that gave the commitment must comply with it while it has effect.
4
Where the IFR does not accept the commitment under this section, the IFR—
a
must notify the specified competition organiser and the club concerned and provide reasons for its decision, and
b
may without further notice attach the proposed discretionary licence condition or make the proposed variation.
5
The IFR may, from time to time, accept from a specified competition organiser a variation to a commitment accepted under this section, provided that the IFR considers that the commitment as varied would still meet the requirements in subsection (2).
6
The IFR may release a specified competition organiser from a commitment accepted under this section where it considers that—
a
the commitment is no longer necessary,
b
the commitment is no longer effective, or
c
the specified competition organiser has failed to comply with the commitment.
7
Where, under subsection (6)(b) or (c), the IFR releases a specified competition organiser from a commitment accepted under this section, the IFR may—
a
without further notice attach the proposed discretionary licence condition or make the proposed variation, or
b
attach an alternative discretionary licence condition or make an alternative variation to a discretionary licence condition.
8
Before attaching an alternative discretionary licence condition or making an alternative variation by virtue of subsection (7)(b), the IFR must give the club a notice that—
a
notifies the club about the proposed alternative condition or variation,
b
invites the club to make representations about the proposed alternative condition or variation, and
c
specifies the means by which, and the period within which, such representations must be made,
and must have regard to any representations which are duly made.
9
The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.
10
A commitment accepted by the IFR under this section—
a
comes into force on the day specified in the notice given to the specified competition organiser under paragraph 3 of Schedule 6, and
b
ceases to have effect if the specified competition organiser is released from the commitment under subsection (6).
11
The fact that a commitment accepted under this section ceases to have effect does not affect the exercise of any functions in relation to a failure, or possible failure, to comply with the commitment.
12
The IFR must keep under review—
a
the extent to which a specified competition organiser which gave a commitment accepted under this section is complying with it,
b
whether a specified competition organiser should be released from a commitment under this section (including whether to release a specified competition organiser from a commitment and attach or vary a discretionary licence condition to an operating licence instead), and
c
whether to take action in accordance with Part 8 in respect of a specified competition organiser which fails to comply with a commitment.
13
Schedule 6 makes further provision about commitments mentioned in section 23(3)(c)(ii).