Part 4

Owners and officers of regulated clubs: suitability etc

Further provision about determinations

Matters relevant to determinations
37
1
In making a determination under this Part in relation to a person, the IFR must have regard to any determination which—
a
has been made by a competition organiser in relation to the person, and
b
the IFR considers relevant to its determination.
2
In determining for the purposes of this Part whether it considers that an individual has the requisite honesty and integrity, the IFR must have regard to the following matters—
a
whether the individual has been convicted of a criminal offence or subject to criminal proceedings, whether or not in England and Wales (in particular where the offence is or proceedings are in respect of serious criminal conduct);
b
whether, on the balance of probabilities, the individual has engaged in conduct outside England and Wales which would, if done in England and Wales, amount to the commission of a serious offence;
c
whether the individual is or has been a party to proceedings (other than criminal proceedings) in any court or tribunal;
d
any action of a regulatory or disciplinary nature that is being or has been taken in relation to the individual (whether or not by the IFR and whether or not in England and Wales);
e
whether the individual is prohibited from entering the United Kingdom;
f
whether the individual is a designated person as defined by section 9(2) of the Sanctions and Anti-Money Laundering Act 2018;
g
such other matters relating to honesty and integrity as may be specified for the purposes of this paragraph in rules made by the IFR.
3
In determining for the purposes of this Part whether it considers that an individual is financially sound, the IFR must have regard to the following matters—
a
the individual’s financial arrangements, including in particular whether the individual has—
i
become bankrupt (in relation to England and Wales and Northern Ireland) or made an arrangement with creditors,
ii
had their estate sequestrated (in relation to Scotland), or
iii
been subject to any similar procedure (whether or not in the United Kingdom);
b
the financial situation of any body in relation to which the individual holds, or has held, a position of responsibility (whether or not as an officer of the body);
c
such other matters relating to financial soundness as may be specified for the purposes of this paragraph in rules made by the IFR.
4
In determining for the purposes of this Part whether it considers that an individual has the requisite competence, the IFR must have regard to the individual’s qualifications, experience and training.
5
In making a determination referred to in subsection (2), (3) or (4), the IFR may not have regard to any matter which is not referred to in that subsection (subject to subsection (1)).
6
Rules made under subsection (2)(g) or (3)(c) must not have the effect of authorising the IFR to make a determination in relation to any matter based solely on the individual’s connection with the government of any country or territory.
7
In this section, “serious offence” means an offence specified, or falling within a description specified, in Part 1 of Schedule 1 to the Serious Crime Act 2007.