Part 4

Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement

Removal directions: owners
39
1
This section applies in relation to a person (“P”) who is an owner of a particular regulated club where—
a
the IFR has determined under section 28, or is treated as having determined under that section, that P is not suitable to be an owner of the club, or
b
the IFR is treated by virtue of section 34(10)(a) as having determined that P is not suitable to be an owner of the club,
and “deemed determination” in this section means a determination that the IFR is treated as having made as mentioned in paragraph (a) or (b).
2
The IFR must give P a direction requiring P to take all reasonable steps to cease to be an owner of the club before the end of the removal period.
This is subject to subsection (7).
3
The removal period is—
a
the period specified in the direction, or
b
where the period mentioned in paragraph (a) is extended (or further extended) under subsection (4), that period as so extended.
4
A direction given under this section in relation to P (“the first direction”) may be varied by a further direction so as to extend (or further extend) the period specified in the first direction.
5
Before giving a direction under this section, the IFR must consult—
a
P,
b
the club, and
c
the specified competition organiser which organises a specified competition in relation to which a relevant team is operated by the club.
6
At the same time as giving a direction under this section to P, the IFR must give a notice to P and to the club including information about the possible consequences under this Part and Part 8 of not complying with the direction.
7
Subsection (2) does not apply in a case within subsection (1)(a) if, before the end of the period of 3 months beginning with the applicable day, the IFR exercises its power to make an order under section 43 in relation to P (ownership removal order).
8
For the purposes of subsection (7), the applicable day is (subject to subsections (9) and (10)) the day on which the IFR publishes—
a
its determination under section 28 in relation to P, or
b
notice of its deemed determination under that section in relation to P,
as the case may be.
9
Where the determination or deemed determination is subject to a review requested under section 82, the applicable day is the day on which the IFR publishes—
a
the applicable reviewer’s decision under section 83(3), or
b
the decision that the applicable reviewer is treated as having made under section 82(5) or 83(6),
unless the determination or deemed determination is then subject to an appeal under section 84.
10
Where the determination or deemed determination is subject to an appeal under section 84 (whether or not it has been subject to a review requested under section 82), the applicable day is the day on which the appeal is finally determined.