Part 5Duties on clubs and competition organisers etc

Duties on regulated clubs and formerly regulated clubs etc

45Duty not to operate a team in relation to a prohibited competition

(1)

A club to which subsection (2) applies must not operate a team in relation to a prohibited competition.

(2)

This subsection applies to—

(a)

a regulated club, or

(b)

a club that is not a regulated club but has been a regulated club at any point within the previous 10 years.

(3)

In calculating the period of 10 years mentioned in subsection (2)(b), no account is to be taken of any time before the coming into force of this section.

(4)

A “prohibited competition” is a competition specified as a prohibited competition for the purposes of this section in rules made by the IFR.

(5)

In considering whether to specify a competition as a prohibited competition, the IFR must have regard to—

(a)

whether the competition—

(i)

is, or would be, merit-based,

(ii)

operates, or would operate, on the basis of fair and open competition,

(iii)

jeopardises, or would jeopardise, the sustainability of relevant competitions,

(iv)

jeopardises, or would jeopardise, the sustainability of clubs operating teams in relation to relevant competitions, and

(v)

harms, or would harm, the heritage of English football, and

(b)

any other factors that the IFR specifies in rules.

(6)

Before specifying a competition as a prohibited competition, the IFR must give the competition organiser a notice—

(a)

stating that it proposes to specify the competition as a prohibited competition,

(b)

explaining why it proposes to take such action,

(c)

inviting the competition organiser to make representations about the proposed action, and

(d)

specifying the means by which, and the period within which, such representations may be made,

and must have regard to any representations duly made.

(7)

The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.

(8)

Before specifying a competition as a prohibited competition, the IFR must—

(a)

take reasonable steps to determine the views of fans in England and Wales of regulated clubs about the competition being specified as a prohibited competition, and

(b)

have regard to those views.

(9)

Before specifying a competition as a prohibited competition, the IFR must consult—

(a)

the Football Association, and

(b)

such other persons as the IFR considers appropriate.

(10)

The IFR may specify a competition as a prohibited competition—

(a)

whether or not any of the matches included in that competition are played, or are to be played, in England or Wales or in any other part of the United Kingdom;

(b)

whether or not the teams that are entered into it, or that are members of it, or that participate in it are, or are to be, exclusively or predominantly English teams.

(11)

For the purposes of this section—

“English team” has the meaning given by section 2(4);

“relevant competition” means any competition (other than a prohibited competition) where the teams that are entered into it, or that are members of it, or that participate in it are exclusively or predominantly English teams.