Part 4 E+W Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement E+W

42 Orders and directions effecting alternative officer arrangements E+W

(1) This section applies where—

(a) a direction under section 41 has effect in relation to a person or club, and

(b) the IFR considers that the ability of the club to operate effectively, or to comply with conditions attached to its operating licence, is or is likely to be adversely affected by compliance with the direction.

(2) The IFR may do either or both of the following if it considers that doing so would mitigate or avoid the effect mentioned in subsection (1)(b)—

(a) make an order appointing an individual identified in the order as an officer of the club for a period specified in the order;

(b) give the club a direction requiring it to redistribute amongst its existing officers functions specified or described in the direction (whether of the person concerned or otherwise).

(3) An order under subsection (2)(a)—

(a) must specify or describe the functions to be exercised by the individual appointed by the order;

(b) comes into force at the time specified by or determined in accordance with the order;

(c) may be varied or revoked by a further order.

(4) A direction under subsection (2)(b)—

(a) comes into force at the time specified by or determined in accordance with the direction;

(b) has effect for the period specified in the direction;

(c) may be varied or revoked by a further direction.

(5) The IFR may make rules providing for—

(a) costs incurred by it in connection with the appointment of an individual by virtue of an order under subsection (2)(a), and

(b) costs incurred by an individual appointed by virtue of such an order,

to be payable by the club to which the individual is appointed.

(6) Where an individual is appointed by virtue of an order under subsection (2)(a), the club, each owner of the club and each officer of the club must—

(a) co-operate with the individual, and

(b) give the individual such reasonable assistance as the individual requests (including access to business premises, equipment, services, information and individuals),

in connection with the exercise of the individual’s functions under the order.

(7) At the same time as making an order under this section, the IFR must give a notice to the club, and to each owner and officer of the club, including information about the possible consequences under—

(a) this Part (where the direction under section 41 relates to a person who is an owner of the club), and

(b) Part 8,

of not complying with the duty imposed by subsection (6).

(8) At the same time as giving a direction under this section, the IFR must give the club a notice about the possible consequences under Part 8 of not complying with the direction.

(9) References in this Act to an officer of a club do not include references to an individual appointed as an officer of the club by virtue of an order under subsection (2)(a).

Commencement Information

I1 S. 42 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2 S. 42 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(xi)