Part 4

Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement

Ownership removal orders
43
1
The IFR may make an order containing such provision as the IFR considers appropriate to secure that, by the end of the period specified in the order, a person who is an owner of a regulated club (“P”) has ceased to be an owner of the club.
2
But the power to make an order under subsection (1) is exercisable only 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,
b
P fails without reasonable excuse to comply with a direction given to P under section 39,
c
P fails without reasonable excuse to comply with a direction given to P under section 41, or
d
a direction under section 41 has effect in relation to P and P—
i
fails to co-operate with or assist an individual appointed by an order under section 42 in connection with the exercise of the individual’s functions under the order, or
ii
otherwise obstructs such an individual from carrying out those functions,
and P does not have a reasonable excuse for the failure or obstruction.
3
An order under this section may, among other things, include provision—
a
for the appointment of trustees;
b
conferring functions on trustees appointed by virtue of the order (including functions of taking action on behalf of P or any other person);
c
requiring P or any other person to take action (including action directed by trustees appointed by virtue of the order).
4
The provision that may be made by virtue of subsection (3)(b) includes provision authorising trustees appointed by virtue of the order to take any steps they consider appropriate to achieve the purpose for which the order is made.
5
A trustee appointed by virtue of an order under this section—
a
must not have a conflict of interest, and
b
must have the necessary skills to discharge their functions under the order.
6
Where a trustee is appointed by virtue of an order under this section, the club, each owner of the club and each officer of the club must—
a
co-operate with the trustee, and
b
give the trustee such reasonable assistance as the trustee requests (including access to business premises, equipment, services, information and individuals),
in connection with the exercise of the trustee’s functions under the order.
7
A trustee appointed by virtue of an order under this section must—
a
provide the IFR with regular reports on the exercise of their functions under the order and on any co-operation or assistance provided by P or the club;
b
obtain the IFR’s approval before making any contractual or other arrangements that would result in P ceasing to be an owner of the club.
8
The IFR may withhold approval for arrangements described in subsection (7)(b) if—
a
the IFR considers that the arrangements would result in any person becoming an owner of the club without the IFR having first determined under section 28 that the person is suitable to be an owner of the club, or
b
where the arrangements would involve the disposal of an interest in the club, the IFR considers that any party to the proposed disposal is acting in bad faith.
S. 43 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 43 in force at 12.12.2025 for specified purposes by S.I. 2025/1286, reg. 2(1)(a)(xii)