Part 1Purpose, overview and key definitions

4Meanings of “officer” and “senior manager” etc

(1)

For the purposes of this Act, a person is an “officer” of a club if—

(a)

the person is a senior manager of the club, or

(b)

in any other case, the following table identifies the person as an officer of the club—

Where the club is—

the person is an officer of the club if—

a company

the person is a director of the company

a body corporate other than a company

the person is an officer of the body whose functions correspond to those of a director of a company

a partnership

  1. (a)

    in relation to a limited partnership, the person is a general partner as defined by section 3 of the Limited Partnerships Act 1907;

  2. (b)

    in relation to any other partnership, the person is a member of the partnership

an unincorporated body other than a partnership

the person is an officer of the body or a member of the body’s governing body

(2)

For the purposes of this Act, a person is also an “officer” of a club if the person—

(a)

purports to act as an officer of the club (within the meaning of subsection (1)), or

(b)

is a person in accordance with whose directions, instructions, guidance or advice an officer of the club (within the meaning of subsection (1) or paragraph (a)) is accustomed to act.

(3)

But a person is not to be regarded as an officer of a club by virtue of subsection (2)(b) by reason only that an officer of the club (within the meaning of subsection (1) or (2)(a)) acts—

(a)

on advice given by that person in a professional capacity;

(b)

in accordance with instructions, a direction, guidance or advice given by that person in the exercise of a function conferred by or under an enactment;

(c)

in accordance with guidance or advice given by that person in their capacity as a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(4)

For the purposes of this Act, a person is a “senior manager” of a club if, in relation to the carrying on of the club’s activities, the person carries out a senior management function specified, or of a description specified, for the purposes of this section.

(5)

For the purposes of this Act—

(a)

a function is a “senior management function” in relation to the carrying on of a club’s activities if—

(i)

the function requires a person carrying out the function to be responsible for managing one or more aspects of the club’s affairs, and

(ii)

those aspects are such that the way in which they are managed could give rise to serious consequences for the club;

(b)

the reference in paragraph (a)(i) to managing one or more aspects of a club’s affairs includes taking, or participating in the taking of, decisions about how one or more aspects of those affairs should be carried on.

(6)

In this section, “specified” means specified by the IFR in rules.

(7)

This section is subject to section 42(9) (persons appointed as officers by the IFR not to be treated as officers for the purposes of this Act).