Part 4Owners and officers of regulated clubs: suitability etc

Introductory

26Part 4: overview and interpretation

(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.