Part 4

Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement

Orders under section 43: procedure, costs and liabilities
44
1
Before making an order under section 43, the IFR must publish a notice—
a
stating—
i
that the IFR proposes to make the order, and
ii
the reasons for doing so,
b
summarising the provision the IFR proposes to include in the proposed order,
c
inviting the making of representations about the proposed order, and
d
specifying the means by which, and the period within which, such representations may be made,
and must have regard to any representations which are duly made.
2
The period for making representations must be a period of not less than 14 days beginning with the day on which the notice under subsection (1) is published.
3
As soon as reasonably practicable after the period for making representations has ended, the IFR must—
a
decide whether to make an order under section 43, and
b
publish a notice of its decision, giving reasons for it.
4
At the same time as making an order under section 43, the IFR must—
a
where the order imposes requirements on P (within the meaning of section 43), give a notice to P and to the club including information about the possible consequences under Part 8 of not complying with those requirements;
b
where the order imposes requirements on the club, give a notice to the club including information about the possible consequences under Part 8 of not complying with those requirements;
c
give a notice to the club, and to each owner and officer of the club, including information about the possible consequences under Part 8 of not complying with the duty imposed by subsection (6) of section 43.
5
An order under section 43—
a
comes into force at the time specified by or determined in accordance with the order,
b
has effect for the period specified by or determined in accordance with the order, and
c
may be varied or revoked by a further order.
6
The IFR may make rules providing for—
a
costs incurred by the IFR in exercising functions under section 43 or this section, and
b
costs incurred by a trustee appointed by virtue of such an order,
to be payable by P (within the meaning of section 43).
S. 44 in force at Royal Assent for specified purposes, see s. 100(2)(g)
S. 44 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(xiii)